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    Employees Steal From Work

    2010/5/20 18:33:00 39

    Event playback: work to play "steal vegetables" employees were dismissed


    In September and October last year, a computer company in the hi tech Zone declined in the past two months.

    The investigation found that many employees played online "stealing vegetables" games.


    In the morning of November 27th last year, the company found that Li was playing the game of "stealing vegetables" in the surprise inspection.

    On the same day, Li resigned by telephone.

    The next day, the company made a decision on Lee's decision: refusing Lee's resignation request, expulsion, and stop paying wages, subsidies and bonuses. After 3 months to 6 months, he deducted the economic losses caused by the company, and handed out the work after the handover was completed and the adverse effects were eliminated.


    In December 18th last year, Li submitted the labor dispute arbitration application to the high tech Zone labor dispute arbitration committee, and requested the ruling company to pay the basic wage during its work.

    After receiving the notification, the company submitted a reply within the statutory time limit, and counterclaim against Li, requesting a ruling to write an apology to the company, paying 4 yuan and a half of the computer network usage fee of 750 yuan.


    Latest progress: labor arbitration supports staff members


    On the 19 day, the company provided the arbitration award recently submitted to the reporter. Its contents showed that the company should pay Li Yuan's salary of 688 yuan in November 2009, and the reason was interpreted as "according to the fiftieth provision of the labor law, wages should be paid to the laborers in a monthly manner in the form of currency, and the wages of the laborers should not be deducted or paid without cause.

    Because the applicant (company) did not provide evidence about the wages of the applicant (LI), according to the sixth provision of the labor dispute mediation and arbitration law, the respondent should bear the adverse consequences.


    The arbitral award is not supported by the various requests made by the company in the counterclaim.

    For example, the company's request for Lee to pay for the use of the network is considered "not within the scope of the labor dispute"; and again, because the company did not provide relevant evidence to prove that Lee had caused economic losses to the company, the relevant request was not supported.


    According to the regulations, if the party fails to accept the award, the party shall have the right to bring a civil action to the court within 15 days from the date of receiving the award.


    In response to this ruling, the arbitrator of the high tech Zone labor dispute arbitration committee is unwilling to make too many statements.


    Dissatisfied with the ruling: the company will prosecute the court for "argument".


    This ruling, the company responsible person Wang said he could not accept.

    "This is tantamount to saying that Lee has no responsibility and bad consequences for his work" stealing vegetables ". Wang said," employees are not working at work, and they are "stealing vegetables" on the Internet. The company not only has to provide computers, networks and other resources freely, but also pays wages as usual. If so, the company will not be able to run any more.


    Wang said that the number of people who indulge in "stealing vegetables" games and the degree of madness have been astonishing. Many similar incidents of "stealing vegetables" have occurred in China.

    He asked questions: if the group of "stealing vegetables" is very large and occupies a lot of people's rest and working hours, will it have a negative impact on social development? For employees who steal vegetables during office hours, how should enterprises constrain their behaviors that do not obey the rules and regulations of enterprises and fail to fulfill their obligations, so as to protect their legitimate rights and interests?


    Wang said that the lawyer has already commissioned the case and will appeal to the court within the statutory time limit, requesting the court to decide that Lee will bear the economic losses caused by "stealing vegetables" to the company.


     


     

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