How Do Employees Dismiss Workers And Refuse To Hear Complaints?

When the maintenance worker Lao Zhang was at home recently, and who had only four days to rest, he suddenly received a notice of dismissal from the unit. The reason was that he had stolen the company's property and had violated the rules and regulations of the enterprise. In a hurry, he rushed to the unit to make a complaint. He hoped that the enterprise would get back to life. But when he found the trade union, the chairman said he did not know the matter, and the personnel said that the notice of dismissal had already come into effect.

Lao Zhang told reporters that he had been in the unit for more than 20 years. Although his unit has undergone several changes, he has been working as a mechanic. He also signed an unfixed term labor contract with the unit, and there are more than six thousand yuan after the monthly salary. All this made him feel very satisfied and worked hard, though not advanced every year, but at least he had never made any mistakes. Recently, his mother was not in good health, so he took an annual leave to take his mother out to see a doctor. Who had just taken four days off, he suddenly received a notice of dismissal from the unit, claiming that someone had reflected that he had stolen the extra materials for himself, violated the enterprise rules and regulations, and constituted a serious violation of discipline, so he decided to terminate the labor contract. He was asked to dismiss the company within a week.

Lao Zhang was very surprised because the so-called stealing material was completely misunderstood. The fact is that after going out to the user unit to repair the equipment, a lot of materials were actually produced. Some of them were valuable metals. They should be kept in the warehouse in time. However, after the equipment maintenance, he found that there might be hidden dangers and need further observation. Therefore, he saved the surplus materials in the toolbox of the user units for the time being, so that if they need to be repaired again, they will not have to look for the leaders to sign for them. And fortunately, he applied for the annual rest is just approved, the director told him that he could not come back to work for second days, so after two days of repair in the user unit, he went home directly. After the equipment is overhauled, the customer service department of the unit will visit the equipment users to call for the maintenance quality. At that time, they were told that the equipment had not changed parts and so on. They mistakenly assumed that these valuable materials had been occupied by old Zhang, so they reported their leaders.

The general manager listened to the matter and was very angry. He asked the personnel department to deal with it seriously. The problem is that the personnel department did not investigate in detail, thinking that the feedback from the customer service department was verified by the survey, so it sent a notice of termination to Lao Zhang directly.

Dong Zhaohua, Shanghai Zhao Hua labor and security consulting company, analyzes this: first, according to the law, the employer shall bear the burden of proof as a result of the labor dispute decided by the employer to expel, remove, dismiss and rescind the labor contract. Now, if Lao Zhang is true, it can only be said that Lao Zhang is at fault, because one is not truthful reports, and the two is not putting the valuable materials in the prescribed place, so that the property of the unit is in a kind. risk In But whether such a fault can be directly related to "serious violation of discipline committed by others" or depends on how the system is regulated. Secondly, whether the employer has such a system, and the rules and regulations to be implemented are generated by democratic procedures and the burden of proof is known to the workers. That is, effective. Rules and regulations There are provisions that do not place material in the prescribed place, which is a serious violation of discipline. punish No evidence. Finally, even if the system of the unit is effective, Lao Zhang will not be able to get the material to the designated place to achieve the prescribed level of dismissal, whether it is stealing for himself or for any reason. In this regard, the Supreme People's court interpretations of several issues concerning the application of law in labor dispute cases (four): the twelfth provision: the establishment of a labor union's labor contract to comply with the provisions of the thirty-ninth and fortieth articles of the labor contract law, but failing to notify the trade union in advance according to the forty-third provision of the labor contract law, and the laborer requesting the employer to pay compensation on the ground that the employer illegally terminates the labor contract shall be supported by the people's court, except that the employer has made up the relevant procedures before the prosecution. This regulation strengthens the role of trade unions in relieving labor contracts, and employers must abide by them.