In November 2024, the case of an employee being fired for falling asleep at work became a hot topic, attracting the attention of Chinese netizens.
According to 163, the main character in this case is Mr. Truong, an employee of a chemical company in Thai Hung city, Jiangsu province. This man has worked for this company for more than 20 years and is currently in a management position.
That day, Mr. Truong fell asleep at his desk. He was fired after his superiors checked the company's surveillance camera and saw the image above. According to the share, this man had worked overtime until midnight the night before, which led to him falling asleep at work the next day.
Half a month after the incident, after the company's human resources department published a report with Mr. Truong's signature confirming the incident, the company, after consulting with the union, also issued a notice to terminate the employment contract with this employee. The reason given was that Mr. Truong had seriously violated the company's rules and regulations.
The notice stated: “Employee Truong joined the company in 2004 and signed an indefinite-term labor contract. However , recently, this employee seriously violated the company's disciplinary policy by falling asleep for nearly an hour during working hours, causing extremely negative impacts on the company. This violation is clearly stated in the Employee Handbook. After discussing and reaching an agreement with the union, the company decided to terminate the labor contract and terminate the labor relationship with employee Truong.
Photo: 163
Disagreeing with the company's decision, Mr. Truong sued the unit in local court.
After reviewing the case, the Taixing City People’s Court determined that Mr. Zhang’s act of falling asleep during work hours was a violation of discipline. However, the court held that although employers have the right to terminate contracts with employees who violate regulations, such termination must be based on an assessment of specific conditions, including the extent of damage.
In terms of motive, frequency, consequences, impact, damage..., Truong's disciplinary violations were infrequent and did not cause major damage or have a negative impact on the company . In addition, during his work, this employee always had excellent achievements and had contributed to the company for the past 20 years, so the court considered that the company's dismissal of him for only a first-time violation was too harsh and unreasonable.
Furthermore, in this case, the company also did not have evidence to prove that the relevant regulations in the company's internal "Employee Handbook" were built according to democratic regulations. Therefore, the People's Court of Thai Hung City held that the above company's termination of the labor relationship with Truong was a violation of the law, so it issued a judgment requiring this unit to compensate Truong with more than 350,000 yuan (more than 1.2 billion VND).
Anh Le (According to 163)
Source: https://giadinh.suckhoedoisong.vn/nam-nhan-vien-ngu-gat-tai-ban-lam-viec-suot-1-tieng-sep-check-camera-phat-hien-lien-duoi-viec-ngay-toa-an-tuyen-bo-cong-ty-phai-den-12-ty-dong-172241230072456788.htm
Comment (0)