Laborer Rights Classroom

Original title: Employees are "late" for 98 times without prompt or punishment. Is it legal for the company to terminate the contract?

This is a small class on the rights and interests of workers to teach legal knowledge and solve the concerns of workers.

If the employee violates the rules and regulations of the employer due to being late, the employer has the right to deal with it. But is it legal for the employer to terminate the labor contract on the grounds that the employee has been late for several times?

Wang, a programmer, works in a computer science and technology company and spends more than 8 hours on duty every day. The company dismissed Mr. Wang on the grounds that he had been late for work 98 times in less than a year without explicitly requiring the working time, nor prompting, informing or punishing Mr. Wang for his "late" behavior.

The company claims that the company's Attendance Management Measures stipulate that the working hours are from 8:30 a.m. to 5:30 p.m., and if the employee is late more than 60 times in a year, the year-end bonus or the labor contract will be canceled, while the company's actual working hours are from 9:00 a.m. to 6:00 p.m. The company has no obligation or energy to inform employees of disciplinary violations, but it does not mean that the company has given up the right to punish employees.

Wang said that he would clock in and out every day since he started work. The labor contract signed by both parties agreed to implement the standard working hour system, but did not specify the specific time for commuting. The company never sent him the Attendance Management Measures, nor explicitly required a fixed commuting time. His actual working hours per month exceeded the company's stated nine to six.

In the end, the People's Court of Dongcheng District, Beijing, determined that the company had not clearly informed the attendance system and failed to fulfill its management responsibilities, which was illegal termination, and Wang should pay compensation for illegal termination of labor contract and salary for unused annual leave.

Why did the court decide so? Let's listen to the lawyer——

In this case, the company stated that it actually implemented the working hours at 9 am, but it lacked a clear system basis, and the system documents submitted for working hours did not prove that it was actually notified or delivered to Mr. Wang. During Wang's employment, when he repeatedly clocked in later than 9 a.m., he was never prompted or punished, which could not prove that the company actually had and implemented the work system of 9 a.m., and according to Wang's clocking records, Wang's daily attendance was more than 8 hours, so the company dismissed the labor relationship on this basis, which was insufficient.

The employer should legally and reasonably exercise the right of independent management. During the performance of the labor contract, it should also prompt, inform, or deal with workers' violations of laws and disciplines in a timely manner, so that the company's rules and regulations can be implemented and play a role. In addition, workers should also strictly abide by the rules and regulations, obey the work discipline of the employer, and avoid falling into a disadvantageous position due to violation of the management regulations of the employer.

That's all for this small class. See you next time!

Supervised by Zhao Jielan Haiyan

Planning Zhang Weijie

By Lu Yue

Preside over Lu Yue

Make Bai Zhijie