Can enterprises stipulate the dismissal of employees?

The "wonderful reasons for dismissal" and "wonderful regulations" of enterprises are constantly exposed: "A company in Dongguan restricts the number and time of employees going to the toilet", "jane doe employees in Hangzhou are dismissed after work because they don't want to rehearse the annual meeting program, and the company claims that it is in contradiction with the leader", "A woman in Beijing was fired after being called back by her colleague" ..................................................................

Wang is a security guard in a property company in Shanghai. On June 6, 2020, because his father was seriously ill, Wang asked for leave from the supervisor and rushed back to his hometown in Anhui. The leave time is from 1.6 to 13.

The next day, Wang returned to Shanghai because the company was not allowed to take time off. On the way back, I learned that my father had passed away. Wang reported to his boss, who told him to go home and deal with the aftermath. Wang then went home again. 65438+1October 14. Wang returned to Shanghai and went to work the next day. On June 365438+1October 3 1 day, the company terminated the labor relationship on the grounds that Wang was absent from work for three days.

Wang applied for labor arbitration. The arbitration institution ruled that the company paid more than 75,000 yuan in compensation for the illegal termination of the labor contract. The company refused to accept it and appealed to the court.

The People's Court of Qingpu District, Shanghai, the court of first instance, found that the defendant was actually absent from work for only two days, which did not meet the conditions for terminating the labor contract stipulated by the plaintiff's rules and regulations.

At the same time, the court of first instance held that it was obviously inappropriate for the company to terminate the labor contract, regardless of the background of the incident, the rules and regulations applicable to machinery, and the strict implementation of employment management. The judgment company shall pay compensation to Wang for the illegal termination of the labor contract. The Shanghai No.2 Intermediate People's Court, the court of second instance, held that the first-instance judgment was upheld because the facts were clear and the applicable law was correct. The judgment dismissed the appeal and upheld the original judgment.

Chen Ying, the judge of the civil trial court of Shanghai No.2 Intermediate People's Court who presided over the case, told the reporter: "Behind the law, we should give consideration to human nature and folk customs. In order to maintain stable and harmonious labor relations, we should restrain the strong and protect the weak in accordance with the law in judicial review to maintain a balance of interests. "

"As a manager, the employing unit has the right to manage the workers and to examine and approve the leave applications submitted by the workers. However, the boundaries and ways for the employer to exercise the right to operate should be in good faith. When workers take time off due to specific difficulties, the employer should fulfill the obligations of ordinary good people, respect folk customs and express sympathy for employees. " She said.

"Labor Contract Law" has made strict provisions for enterprises to terminate workers' labor contracts, which need to be "reasonable", "well-founded" and "orderly", that is, there must be legal reasons, sufficient evidence and legal procedures.

The focus of the dispute is whether it is "reasonable", specifically, whether the employee's behavior conforms to the legal reasons for termination. Enterprises should approve employees' personal leave based on common sense and empathy, otherwise it will lose its legitimacy.

If the employer abuses the right to make labor laws and regulations for a long time and ignores the respect for human nature, it will not only be conducive to fully mobilizing the enthusiasm of employees, but also to the stability and long-term development of the talent team, and may also be riddled with lawsuits. The "wonderful regulations" may ultimately hurt the employer itself.

In the face of "wonderful regulations", workers themselves should also enhance their awareness of rights protection. China law provides several ways for workers to seek rights relief. Workers can ask the trade union for help and negotiate with their employers. You can also ask for help from outside and ask the relevant departments to handle it according to law, or apply for arbitration or bring a lawsuit according to law.