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How Can Employees Be So Capricious?

2015/2/4 17:15:00 18

DismissalStaff And WorkersLabor Law

The 58 year old Ding Quan came from Datong, Shanxi province. When she came to Xi'an last February, she worked for an environmental sanitation worker in the Al Di road. Her monthly salary was 1550 yuan.

In the early morning of January 28th, although the goose and snow were floating outside the window, Ding still came to work on the brink of the cold wind.

At 9 o'clock, when he cleaned up the snow on the road, his coat and gloves had been wet by snowflakes and his body was shaking with cold.

When he saw many pedestrians standing around a fire to warm himself, he went to the front to warm himself.

About more than 20 minutes later, Ding was photographed by his mobile phone inspector at the sanitation company and asked to extinguish the roadside fire.

Ding Quan thought this was the way to go.

At 4 p.m. on January 30th, the head of the Department responsible for sanitation work was handed over to him for a company's handling submission.

It says: as a member of the Xi'an gold medal clean housekeeping Green Property Management Co., Ltd., the employee of the environmental sanitation project department, because of the fire heating, decided by the management of the bidding section, and made the dismissal treatment, the time is January 29th.

In February 1st, people's network and China Merchants Network and other media reported this incident, which quickly aroused the concern and discussion of the majority of netizens.

Netizen empty grain orchid said: Ding right is wrong, but not to dismiss.

Netizens Mara Kim S said: sanitation workers low wages, poor treatment, early and black to keep the city clean and tidy, we should at least respect them.

Some netizens also said that the sanitation workers should be respected and considerate, because it is too cruel to be fired.

For a time, public opinion is almost one-sided.

On the morning of February 2nd, the reporter learned from the Xi'an gold medal cleaning housekeeping greening property management company limited that the company had made public apologies to the society on the website of the unit in February 1st, and published a description of the decision to rescash the dismissal.

In the statement, the company said: "my company believes that the project department is too simplistic in dealing with this matter, lacks understanding of the specific circumstances, lacks humane care, and has some problems.

We apologize for the impact.

The head office deals with the matter: first, the decision of the project department to cancel the right of dismissal is cancelled, and the two is the training of safety and work rules for Ding Quan.

Thank you very much for monitoring and paying attention to our company's work.

At 10 pm on February 2nd, reporters searched the Internet for information about Ding rights, with more than 1760 entries.

Why can an environmental sanitation worker attract wide attention from public opinion?

public opinion

It is not the event itself that concerns itself, but the thinking of the management system and the lack of humane care.

Guo Wenjing, a Chinese business morning newspaper, wrote that the environmental sanitation workers' low-temperature operation in winter had its own possibility of health damage.

Then, what kind of "labor protection articles" does the sanitation company provide for the sanitation workers? Otherwise, how can it happen when the sanitation workers are working? It should appeal to the government departments to introduce the legal system that can make the sanitation workers feel warm.

Ding Quan

work

After the recovery, the storm quickly subsided, but there are still many problems left for business managers to think about.

Zhao Yansong, a lawyer of Shaanxi contemporary people's law firm, who has long been a worker's rights protection, said that enterprises could dismiss employees, but they could not be dismissed at will.

Taking the case of Ding Quan's dismissal as an example, according to the labor contract law, the key depends on whether he acts as a "serious violation of labor discipline or the rules of employing units" during his work.

system

The situation.

At the same time, the "processing result" of the sanitation company is "decided by the management of the bid section", and there is obviously a legal flaw.

First, it is not based on the system, but on "artificial research".

Secondly, procedural irregularities, workers and companies signed a labor contract, "bid management" most of the right to recommend only, do not have the "decision power".

In short, whether from a legal point of view or from the perspective of humanized management, it is necessary for enterprises to dismiss their employees or to terminate labor relations with their employees.

Second, we must strictly abide by the legal procedures.

The third is to communicate with the parties ahead of time, and fully inform them in face to face.


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