Taking 5 days off to get married, a female designer was suddenly fired by her boss. She was so frustrated that she had to ask the court to get justice and the ending that followed made many people happy.
On April 22, The Paper reporter recorded a very special and considered 1-0-2 trial at Shanghai No. 1 Intermediate People's Court. The content of the lawsuit involves a female employee who was fired just because she asked for leave to go home to celebrate a wedding.
According to the verdict, Xiao Zhong is an advertising designer at a psychological consulting company. In August 2023, she applied for leave to the person in charge of the company for the reason of preparing for a wedding in her hometown. The leave period lasted from the en.d of September to the beginning of October. However, her boss did not agree with the leave schedule so he refused to accept the application.
In mid-August, Xiao Zhong submitted a second written application for leave, explaining that both families had finalized the wedding date, the party had been booked, and the guests had also received notice, so changes could not be made. This forced her to arrange to return home.
However, the female employee continued to be rejected. The company said that the time she asked for permission coincided with the National Day holiday - peak business season, so the employees could not be absent.
Furthermore, at the en.d of September, the company developed and issued a "Time Attendance Management System" that stipulates that employees who have been absent for 3 consecutive days or who have been absent for a total of 5 days within a year will fired.
In the en.d, Xiao Zhong still decided to return to his hometown to hold the wedding as planned. Although the company repeatedly urged her to return to work, the gir.l still did not respond.
Finally, the leader gave the reason that Xiao Zhong was absent for 5 days and seriously violated the company's rules and regulations, so he terminated the labor contract with her on October 7.
Of course, the female employee did not accept this and believed that the company's termination of the labor contract between the two parties was a violation of the law, so she later took the case to court.
In court, the company admitted that the incident happened exactly as the plaintiff stated and explained: The National Day holiday is the peak business season, and no one can replace Xiao Zhong's position.
Therefore, rejecting the female advertising designer's leave application is completely reasonable. Furthermore, the provisions in the "Timekeeping Management System" are legal and valid with the labor contract between the two parties.
However, the court said that asking for leave to hold a wedding in the homeland is in accordance with traditional customs. The reason Xiao Zhong asked for leave was legitimate, the number of days she asked for leave was reasonable and she also fulfilled her obligations.
On the contrary, the company's reason for not allowing the employee to take leave is not satisfactory, the termination of the labor contract is clearly too heavy a penalty and constitutes illegal termination of the contract.
After reaching an agreement with the court, Xiao Zhong voluntarily lowered the compensation to 46,000 yuan (more than 100 million VND) based on the company's operating conditions and other considerations. This level is not higher than the legal standard for compensation for illegal termination of labor contracts.
Xiao Zhong's case is not uncommon in China, where employees are often forced to work excessively and are not given proper leave. For example, Xiao Li (technology company employee) applied for leave due to having to work overtime for 3 consecutive months.
According to Jiupai News Video, when the human resources department asked about the time off, Xiao Li said she had consulted with the production department and agreed. "If I suddenly di.e, will you be responsible?", Xiao Li said to the human resources department when being made difficult.
The personnel immediately responded: "Let's talk when you suddenly di.e." The story shared by Xiao Li on the forum has caused great controversy. Most of the comments expressed frustration and protested the lack of affection and somewhat excessive behavior of the human resources side.
Chu Ngoc Quang Vinh - Lan Thy test-tube hotgirl is paired by netizens Đình Như15:55:08 06/09/2024In the past few days, Chu Ngoc Quang Vinh is the most searched mal.e studen.t on social networks. The contestant of Road to Olympia once attracted attention because he won a laurel wreath, which has a lot of potential for development in the future.
1 | 1 Discuss | Share
1 | 1 Discuss | Share
1 | 1 Discuss | Report