Employees Sacked For Work And Dismissed From Court Were Sentenced To Heavy Penalties.

During the working hours, "Chin has been squinted for 5 minutes". The company decided to go to bed at work time to be dismissed and dismissed.

The court found that the enterprise was punished severely.

A few days ago, the intermediate people's Court of Wuhan decided that the company should compensate employees for 137 thousand yuan.

In September 16, 1997, Zhang Yong (a pseudonym) entered an auto parts company in Wuhan economic and Technological Development Zone.

In June 18, 2015, when company managers visited the workshop, Zhang Yong found himself sleeping on his desk.

6 days later, the company decided to terminate labor relations on the grounds of Zhang Yong's serious violation of discipline. Zhang Yong refused to sign the notice of dismissal.

It is understood that in 2008, the company was established by the staff committee.

The company stipulates that if the employee violates the discipline seriously, the company can terminate the labor contract, while "sleeping during work hours" is considered to be a serious violation of discipline. Zhang Yong signed the confirmation to comply with the employee manual.

Zhang Yong said that he nodded off at work because he had been on the night shift a few days ago and was tired and had only 5 minutes to doze off.

Zhang Yong believes that the company adopted this action because it failed in 2015, so it used various ways and excuses to terminate the labor contract with the employees.

In July 2, 2015, Zhang Yong filed a labor arbitration and claimed 139 thousand and 400 yuan to the company.

The company said that Zhang Yong violated the unit system before he was relieved from the labor contract without paying the economic compensation.

After Zhang Yong's application for arbitration was dismissed, he filed a lawsuit against the court of the Wuhan economic and Technological Development Zone.

The court of first instance held that the reason for the company's dissolution of labor relations was Zhang Yong.

Sleeping, but the company did not submit the surveillance video of the incident location. Zhang Yong claimed that he had only taken a nap for a while, so it was necessary to further confirm the sleeping status of the two sides by on-site surveillance video.

But the company stated that Zhang Yong did not monitor the place where he slept on the same day, so he should bear the responsibility of inproving the evidence. The court accepted Zhang Yong's statement that he had been holding his chin for 5 minutes.

The court held that Zhang Yong had been working on the night shift for fourth consecutive days. His occasional rest during the working hours was a necessity for human physiology. This should not be too severe punishment. The company should consider the human physiological endurance that safety production must rely on based on the needs of safety in production. The company also did not prove the relevance between Zhang Yong's sleep and the specific safety needs of his work.

The court judgement stated that

"Article thirty-ninth provides that employers can unilaterally unconditionally terminate the labor contract, but the premise is that the workers have serious irregularities.

In this case, the employer did not prove that Zhang Yong's "going to bed" behavior was enough to achieve a serious degree. According to his employee handbook, it was not necessary to terminate labor relations in serious violation of discipline.

The company went to sleep during work hours to relieve Zhang Yong's labor relations. The fact was not enough, which was inconsistent with the law. He supported Zhang Yong's claim for relieving the compensation for labor relations.

Accordingly, the court decided that the employer's illegal labor relations should be paid 137 thousand and 700 yuan of Zhang Yong's economic compensation.

The company subsequently filed an appeal, dismissed by the Wuhan intermediate people's court, and upheld the original judgment.

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