Original title:

Lawyers talk about teachers being punished for being late to save people: the school is suspected of abusing the power of punishment and violating public order and good customs

Worker's Daily - Yang Zhaokui, reporter of China Industrial Network

On June 16, the event that "teachers of Southern Medical University were punished for rescuing the wounded" made a hot search on Weibo, which triggered a heated debate among netizens. Many netizens said that the reason why teachers were late was to cure the sick and save the people, and the school should not punish them. In response, several labor law experts and lawyers told the reporter of the Workers' Daily that if the relevant information reported by the media is true, the school is suspected of abusing the power of punishment and violating public order and good customs, the corresponding punishment for teachers should be canceled.

Screenshot of popular microblog search

A few days ago, the First Clinical Medical School of Southern Medical University announced an investigation and treatment report, which said that according to the regulations, if the teaching time is delayed between 15 minutes and 30 minutes, it will be deemed as a serious teaching accident. Teaching accidents (errors) due to special circumstances shall be handled according to the specific circumstances. Miss Yu Li was 29 minutes late on May 10, 2024, but she didn't mean to save the patient, and she arrived in the classroom in time after the problem was solved, arranged the teaching content properly, and successfully completed the teaching task without causing adverse effects. After research, it was decided to deal with Miss Yu Li as follows: identified the incident as a teaching error, withheld Miss Yu Li's bonus of 2000 yuan in May, circulated a notice of criticism throughout the hospital, and cancelled Miss Yu Li's qualification for excellence evaluation this year.

Screenshot of bulletin

According to the above investigation and treatment report, in the morning, the child in the charge of Ms. Yu Li was in a critical condition, which could change at any time, and the risk of death was high. So she arrived at the department before teaching to check the condition of the child. During the period, the child had a slightly sluggish pupillary reflex, blood oozing from the neck tube, and other conditions, suspected of cerebral hemorrhage, so she carried out emergency treatment, Teacher Yu Li failed to report to the teaching and research department in time due to the tense situation, which eventually led to the late event. Teacher Feng Wenyan of the clinical medicine department arrived at the classroom immediately after learning the situation to calm the students, and kept in touch with teacher Yu Li. After dealing with the emergency, Miss Yu Li rushed back to the classroom at 8:29, made teaching arrangements for the follow-up courses and completed the teaching tasks.

After the matter was posted on Weibo, Southern Medical University responded that the university had paid attention to the network information about the teachers of the First Clinical Medical School of our university who were notified. As a medical college and its affiliated hospital, life first and priority of rescuing the wounded and dying are the values we always adhere to. The school is learning about the verification from the relevant units, and will follow up.

Screenshot of Southern Medical University

In this regard, Hong Guibin, a senior partner of Shanghai Huiye Law Firm and executive director of the Labor Law Professional Committee, told reporters that being late without proper reasons is a disciplinary offence, and the unit can deal with it according to the rules and regulations, but it is not fair to deal with it mechanically without distinguishing the reasons for being late. At present, Shanghai, Ningbo, Jinan and other places have clearly stipulated that in extreme weather, such as rainstorm, the labor department still stipulates not to be late or leave early. The Regulations of Guangdong Province on the Prevention of Meteorological Disasters also stipulates that during the effective period of typhoon yellow, orange, red or rainstorm red warning signals, in addition to the staff who must be on duty, the employer shall arrange the staff to postpone work, leave work early or stop work according to the work location, nature of work, needs for disaster prevention and avoidance, etc, And provide necessary risk avoidance measures for on duty staff and staff staying in the unit due to weather reasons.

"In stormy weather, employees can postpone work, not to mention curing the sick to save the people? The school's practice is not only suspected of abusing the right to punishment but also against the most basic public order and good customs. It is basic common sense that children's right to life is greater than school order. Such punishment not only damages the legitimate rights and interests of the teachers involved, but also conveys extremely wrong values." Hong Guibin said.

Shen Jianfeng, director of the Academic Committee of the Law School of the China Institute of Labor Relations, told reporters that although the case involved management issues in personnel relations, it revealed the lack of rationality and humanization of the employer's employment management system and its implementation in practice. In order to maintain the teaching order, the school naturally has the right to formulate strict and standardized rules and regulations; However, the formulation and implementation of rules and regulations should take into account the fact that labor is inherent in people, and on the premise of a unified system, set up exception rules in special cases to make the system and its implementation more humane.

Lawyer Yao Junchang, senior partner of Beijing Weiheng Law Firm and director of Weiheng Labor Law Professional Committee, said that although the school's attendance system has clear provisions, the teacher's tardiness has its own reasons. Compared with saving people, tardiness cannot be punished mechanically without considering the specific circumstances, and the teacher arrived in the classroom in time after rescue, The teaching task was successfully completed without any adverse effect or normal teaching task.

"In addition, the school's system also makes it clear that teaching accidents (errors) due to special circumstances should be handled according to the specific circumstances. In this case, the teacher was late to save the patient, which belongs to special circumstances, and should be handled according to the circumstances. Therefore, the practice of the school is not conducive to social harmony, nor to the promotion of positive social energy, nor is it in line with the concept of life first and priority of rescuing the wounded in medical schools. Therefore, the corresponding punishment should be canceled. In addition, the school should also commend the teacher for his dedication and friendly behavior in curing the disease and saving the people. " Yao Junchang said.