A man was fired from the company because of his funeral. What are the bitter stories of the bottom workers?

Mr. Wang, a security guard in Shanghai, returned to his hometown in Anhui because his father was seriously ill. On his way back to Shanghai, he learned that his father had died and went home to attend the funeral. Later, the company dismissed him for absenteeism and refused to pay compensation for illegal termination of labor. The two-level people's courts in Shanghai have successively ruled that the company needs compensation, and pointed out that Mr. Wang took time off for a reason. It is understandable that he went back to his hometown to hold a funeral for his father, which conforms to the traditional ethics and good customs of the Chinese nation. The companies involved should also be treated with tolerance and empathy of ordinary good people.

Recently, this matter has aroused widespread public concern. 654381October 26th, xiaoxiang morning herald reporter learned from Mr. Wang's attorney that Mr. Wang had received the compensation from the company involved on June 9th, 65438, and was satisfied with the verdict. Now he has returned to his hometown.

After going home to attend the funeral, the company said that the leave was not approved and it was dismissed.

Mr. Wang is 52 years old and has worked as a security guard in Shanghai AXA Property Co., Ltd. for nearly 13 years.

According to Mr. Wang's previous introduction in the trial, on the evening of June 5438+1October 5, 2020, his sister called to inform her that her father in Jingxian County, Xuancheng, Anhui Province was critically ill. That night, Mr. Wang asked the supervisor for leave, and the supervisor asked Mr. Wang to go through the formalities the next day.

On October 6th, 65438/KLOC-0, Mr. Wang submitted a leave of absence, which was signed by the security captain Li and the community manager. 65438, 20201On the morning of October 7, Mr. Wang received a phone call saying that the company had not approved the defendant's leave of absence, and Mr. Wang returned to Shanghai by bus. That night, Mr. Wang was still on his way back to Shanghai and learned that his father had passed away.

Mr. Wang informed Li, the supervisor, who told Mr. Wang to go home with peace of mind to deal with his father's affairs, and he rushed back to his hometown overnight. Mr. Wang said that the company never contacted him again and did not urge him to return to work. After his father was buried, Mr. Wang settled his family and returned to the company at about 4 pm on June 65438+1October 65438+April 4.

On June 365438+1October 3 1 day, 2020, Shanghai AXA Property Co., Ltd. informed Mr. Wang in writing to terminate the labor contract. The content of the notice is: you applied for personal leave from the company on June 5, 2020, 65438+1October 6-65438+1October 65438+March 3. According to the attendance management regulations of Shanghai AXA Group Co., Ltd., those who leave for more than three consecutive days need to report to the leaders of the group company for approval. However, without approval, you left your job and returned to your hometown in Anhui from June 6, 65438, and didn't return to your post until June 5, 65438, which should be regarded as absenteeism according to the company's attendance management regulations. Even if you deduct three days of funeral leave, your absenteeism days have reached the standard of more than three days (including three days), which seriously violates the company's rules and regulations and labor discipline. The company has the right to dismiss according to law, terminate the labor contract in advance and not pay economic compensation. In view of this, the company now informs you to terminate the labor contract. Your last working day in the company is 65438+1October 30th, and both parties will terminate the labor relationship from 65438+1October 30th.

Since then, Mr. Wang refused to accept the dismissal decision, refused to handle the handover procedures, and refused to leave at the gate of the community after returning to work on February 10. On February 10, Mr. Wang also called the police. The police officer told him that if he was dissatisfied with the termination of the contract, it could be resolved through arbitration, and asked Mr. Wang to leave the gate of the community and not to stay illegally in public places during the epidemic.

On March 27th, 2020, Mr. Wang applied for arbitration. After hearing the case, Shanghai Qingpu Arbitration Commission ruled that AXA paid Mr. Wang 34 19.3 yuan in 2020, compensation of 75,269.04 yuan for illegal termination of the labor contract, and salary difference of 20 19 years' annual leave of 865. 16 yuan.

Company: Go if you want, and go back if you want. Love is in law and reason, which makes no sense.

AXA refused to accept and sued Mr. Wang to the Qingpu District People's Court in Shanghai.

AXA Company claimed in the complaint that during the period from February 24, 20 19 to February 24, 20 1 year, Mr. Wang took advantage of one day of personal leave, and the annual leave and personal leave were interspersed in series, which actually reached eight consecutive days from February 24, 2065438 to March1year, deliberately avoiding continuous. 65438 At about 7: 00 a.m. on October 6, 2020/KLOC-0, Mr. Wang suddenly asked for leave from October 6 to June 3, 65438/KLOC-0, on the grounds that his father was critically ill, and handed the leave application form to the defendant security. After the examination and approval failed, Mr. Wang went home by car.

Mr. Wang was on his way back to work on June 7, 65438 after learning that the leave was not approved, because he received a phone call from his father on the way and returned to his hometown. 5438+returned to Shanghai on the afternoon of June 6th, 2004, and started work on June 6th, 2005.

AXA said that according to Article 2 of the Attendance Management Rules of Shanghai AXA Group Co., Ltd., the rules are applicable to all employees of the company, including subordinate real estate companies and property management companies. According to Item 4 of Article 5 of the Detailed Rules, the temporary leave of absence for personal affairs is limited to one day, otherwise it will be regarded as absenteeism. Employees who leave for more than three consecutive days (including three days) shall be approved by the president (general manager) of the group company. According to Item 10 of Article 5 of the Detailed Rules, absenteeism for more than three days (including three days) is regarded as a serious violation of the company's rules and regulations and labor discipline, and the company has the right to dismiss, terminate the labor contract in advance and not pay economic compensation according to law.

AXA believes that it is the basic obligation of workers to abide by the attendance management system of the employer, and it is also the most basic and reasonable requirement for the employer to conduct daily management of employees. During Mr. Wang's absence, his duties can only be temporarily arranged by the company for other employees to work overtime, which has a significant adverse impact on the property management order and employee management.

"Of course, employees have various reasons to take time off to handle private affairs, but at the same time, they must also abide by the unit attendance management system. Employees take temporary leave, take as many days as they want, leave whenever they want, and come back whenever they want. This practice is meaningless in emotion, reason and law. In the case that private affairs and work can't be taken care of at the same time, blindly taking care of the employee side, then the rules and regulations and labor discipline of the employer are not useless and become a piece of waste paper? This is obviously unfair to the employer. "

"It is precisely because the defendant extremely ignored the rules and regulations of the unit, seriously lacked the awareness of rules and the sense of responsibility for work, and absenteeism reached the level of dismissal. Since the defendant is unwilling to return to work in time because of private affairs and does not abide by the attendance management system of the employer, he should bear the corresponding consequences for his choice, so it is not worthy of sympathy to be dismissed by the unit. " AXA believes that the defendant deliberately absenteeism while knowing the company's attendance examination and approval system, knowing that the leave was not approved in advance and afterwards. If the circumstances have reached the standard of dismissal, the plaintiff's dissolution of the labor contract is well-founded and not illegal, and there is no need to pay double indemnity.

Court: the employer ignored the background of the incident, applied rules and regulations to machinery, and strictly implemented employment management.

The Qingpu District People's Court in Shanghai, which heard the case, held that the employer should follow the principles of rationality, limitation and goodwill when exercising the right to operate. The termination of the labor contract is the most severe disciplinary measure, and employers should use it with caution in particular. In this case, the defendant went back to his hometown to handle the funeral because of his father's death, which was not only to deal with sudden family affairs, but also to do his filial piety, which was in line with the traditional ethics and good customs of the Chinese nation.

As an employer, the plaintiff should be given full respect, understanding and tolerance. The defendant claimed that his father died on June 7, 2020 and was cremated and buried on June 7, 2020, and provided the certificate issued by the village Committee to prove it. The nature of the personal leave requested by the defendant from 654381October 6 to 654381October 3 changed after 654381October 7, and changed to the coexistence of personal leave and funeral leave. After deducting three days of funeral leave, the defendant actually only took two days off. Considering that the defendant's hometown is in other places and the business trip is too long, it is reasonable for the defendant to take two days off. In this case, the plaintiff refused to recognize it, which was obviously unkind and violated the purpose of establishing the personal leave system.

65438+ 10/4 is not within the leave period, and the defendant fails to return to work on time, which can be considered as absenteeism. However, the defendant dismissed the labor contract on the grounds that the plaintiff took two days' leave without approval and was absent from work for three days on June+10/4, 65438. It was obviously inappropriate to apply rules and regulations to machinery and strictly implement employment management because of ignoring the background of the incident.

The court of first instance ruled that Shanghai AXA Property Co., Ltd. paid the defendant Mr. Wang 75,269.04 yuan for the illegal termination of the labor contract within 10 days from the effective date of this judgment, and AXA later appealed to the Shanghai No.2 Intermediate People's Court.

AXA Company does not recognize the authenticity of the certificate that "Mr. Wang's father died of illness on June 7, 2020 and was cremated on June 65, 438 +20281October 6 +20281October 7" issued by the village committee of the plaintiff's hometown. AXA believes that "he died of illness on June 7th, 2020 and was cremated on June 65th, 438+10/October 2nd" is unreasonable.

After hearing the case, the Shanghai No.2 Intermediate People's Court held that Mr. Wang had a reason to ask for leave, and it was understandable to go back to his hometown to hold a funeral for his father, which was in line with the traditional ethics and good customs of the Chinese nation. AXA should also treat him with the tolerance and empathy of ordinary good people. As for AXA's objection to the time of Mr. Wang's father's death and cremation and burial, our court believes that there is still a funeral custom of stopping the spirit in the vast rural areas of China, including Mr. Wang's hometown of Anhui, and the time from the death of Mr. Wang's father to cremation and burial shown by the relevant village Committee certificate is still within a reasonable range. It is also the obligation of the employer to respect folk customs and sympathize with the specific difficulties and misfortunes of employees, so the hospital does not adopt AXA's idea. Maintain the original judgment and dismiss the appeal.

At present, I have received compensation and returned to my hometown.

654381On the evening of October 26th, xiaoxiang morning herald reporter learned from Mr. Wang's attorney, Shen Zhou of Shanghai Yi Yan Law Firm, that Mr. Wang found him through legal aid. During the agency case, it was the lawyer's suggestion that Mr. Wang returned to his hometown and asked the village Committee to issue the relevant practice certificate for the death and burial of his father.

Lawyer Shen Zhou said that on1June 9+10/October 19, AXA had paid all the money involved in the court judgment, and Mr. Wang had returned to his hometown in Anhui. He expressed satisfaction with the verdict, but was unwilling to comment too much on the dismissal from his former employer. "After all, he may go back to Shanghai to find a job in the future."