How To Stipulate The Regulations On Employee Rewards And Punishments?
Our company's regulations on employee rewards and punishments stipulate that employees are seriously violating rules and regulations or labor discipline. The company has the right to unilaterally terminate the labor contract, and list the corresponding cases into three categories: the company has suffered serious losses in reputation, economy and work; it does not obey the leadership of all levels of the company, does not work well, cause trouble and cause bad effects among colleagues, and other circumstances that the company considers constitutes a serious violation of discipline.
However, these contents have not been discussed by staff associations or determined by equal consultation with trade unions or staff representatives.
Because I have melon seeds, hum Xiao Qu, wearing slippers, borrowing books not timely and so on, "minor discipline", and after pointing out that although the attitude is correct and can be corrected, but the new problems will arise again.
Recently, the company took my "
Minor violation of discipline
The cumulative sum constitutes "other circumstances" as a reason for deciding to dismiss me unilaterally.
Excuse me, is the company's practice right?
The company's approach is wrong.
Yes
Employing unit
Because employees violate discipline and unilaterally exercise the right to terminate the labor contract, the thirty-ninth clause (two) of the labor contract law is so worded: "serious violation of employers".
Rules and regulations
"Clearly defined" premise "must be" serious ".
In view of the "serious violation" standards, the law does not have unified quantitative indicators. Therefore, the specific provisions of the employers' internal serious violation of discipline should generally be taken as a yardstick.
But this does not mean that employers can do whatever they want, expand their responsibilities indefinitely, reduce their own risks, raise the general violation of discipline to "serious violation of discipline", and terminate the labor contract, thereby violating the legitimate rights and interests of workers.
On the one hand, the specific contents involved in "serious violation of discipline" must be not easy to solve, very important or influential, and there must be clear and specific provisions in the rules and regulations.
On the other hand, because the relevant contents directly relate to the vital interests of laborers, it is decided that the statutory procedures prescribed in the fourth article of the labor contract law must be fulfilled. That is, when the employer has formulated, revised or decided the rules and regulations or major matters that directly involve workers' personal interests in the formulation, revision or determination of labor remuneration, labor discipline and labor quota management, it should be discussed by the staff congress or all the staff members, and put forward proposals and opinions, and shall be determined by consultation with the trade union or staff representatives on an equal footing.
In the process of deciding on the implementation of rules and regulations and major matters, the trade union or the staff and workers consider it inappropriate, they shall have the right to propose to the employer and make amendments and improvements through consultation.
The relevant rules and regulations in this case do not specify that "minor violation of discipline" can be aggregated into serious violation of discipline, and there is no specific standard for cumulative additions. The so-called "other situations that the company considers constitutes serious violation of discipline" is also a general and arbitrary concept. It has not been discussed by the staff congress or all the staff members and discussed equally with the trade union or staff representatives. It is entirely the wishful thinking of the company.
This determines that the company can not simply accumulate and calculate the general accounting of some minor violation rules, and arbitrarily dismember the general violation of discipline into a serious violation of discipline, and then dismiss you.
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