What Is The Purpose Of Employing A Doting Employee?

The employee handbook of the employer stipulates that "sleeping during work hours" is a serious violation of discipline and can terminate the labor contract. An old employee who worked for 18 years was relieved of his labor contract because he had "nap for five minutes" after working on the night shift. The court finally decided that the employer should compensate the employee for 137 thousand and 700 yuan. Employing unit Subsequently, appeals were recently dismissed by the intermediate court of Wuhan, Hubei.

The employee took a nap for five minutes and was relieved of the labor contract by the employer. The court decided that the employer should compensate the employee for 137 thousand and 700 yuan. The decision is an excellent warning for employers who punish employees in an arbitrary manner. The thirty-ninth provision of the labor contract law stipulates that the employer can unilaterally lift the employee's labor contract, but it is only limited to serious violation of the rules and regulations of the employing units; serious dereliction of duty, malpractice and serious harm to the employing unit; the laborer shall establish labor relations with other employers at the same time, which will seriously affect the completion of the work tasks of the unit, or refuse to make corrections by the employing units, and be prosecuted for criminal liabilities according to law. Employees take five minutes' nap during office hours, apparently not to such a severe degree.

In the employee handbook, the employer stipulates that "sleeping during work hours" is a serious violation of discipline, which can terminate the labor contract. Such a provision is actually an overlord clause, which is inconsistent with the spirit of rule of law in labor law and labor contract law, which protects the legitimate interests of workers. The employee handbook is within the employing unit. personnel system Management norms can refine or remedy some provisions or omissions in the existing laws and policies of the state, but the formulation of employee manuals should also follow the laws and regulations of the state, pay attention to equality of powers and responsibilities, and achieve fairness and impartiality. And "sleep in office hours" is a serious violation of discipline. Employee handbook This requirement has not been met.

In other words, it is not a denial that "napping during office hours" does not constitute a serious violation of discipline. For example, in December last year, the two bus company of Xi'an city issued a management regulation against the lack of concentration of bus drivers in the operation process, sleeping on the steering wheel (including equal signals, passengers on the site), stopping for two weeks, punishable by 500 yuan, drowning, closing eyes and stopping work for three weeks, punishable by 1000 yuan. This is a necessary requirement for ensuring safe operation. For bus drivers, concentrating on driving safely is a duty. "Napping during office hours" constitutes a serious violation of labor discipline. The household unit in the report is just an auto parts company, and should not be punished too severely for the problem of dozing off at work.

The details of the report are noteworthy: employees who have been dismissed from the labor contract say that the company will use various excuses to terminate the labor contract with employees because of poor benefits, which is probably the crux of the problem. According to the labor contract law, enterprises can not cut off part of their employees economically, but they need to pay financial compensation. Economic compensation is paid to laborers according to the number of years worked by the workers in their units and the wages paid for one month per year. The main reason for the economic layoffs is economic reasons, not workers' personal reasons. In order to avoid economic compensation, the economic layoffs "dress up" members are seriously violating discipline. Is this way of "winding streets and secluded ways"? Is there any reason not to be judged to be responsible?

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