[Economic Observation] Is it reasonable for employees to be fired for "leaking" payslips?
Our reporter Yang Zhaokui
"Workers Daily" (February 21, 2022 Edition 04)
Recently, Xiao Zheng, an employee of an enterprise, was fired for "leaking" his salary slip, which has attracted attention and has become a hot search on Weibo.
The topic of "whether it is reasonable to be fired for leaking wages" has also sparked heated discussions among netizens.
According to media reports, Xiao Zheng was dismissed by the company for "disclosing company secrets" as a "first-level violation" because his salary slip was "stealed" by other colleagues on the day of the salary payment.
Xiao Zheng was dissatisfied with the punishment and asked the company to revoke the violation determination and make an apology and compensation.
In response, the company involved responded that the employee was punished for violating the company's regulations during his tenure, and that he had acknowledged the relevant facts and signed to confirm.
But Xiao Zheng said that he signed the penalty letter under pressure from the leadership.
In recent years, there have been repeated cases of employees leaking their wages or asking about their colleagues' wages and being fired.
The reason for the relevant enterprises is that the company's employee handbook and the confidentiality agreement signed with employees stipulate that salary information is confidential and should not be leaked to the outside world, nor should they inquire about the salary of other colleagues.
Therefore, employees leaking wages or inquiring about the wages of other colleagues seriously violates the rules and regulations of the enterprise. According to the provisions of Article 39 of the Labor Contract Law, the enterprise can terminate the labor contract.
The explanation of the enterprise seems reasonable, but there are preconditions and limitations.
According to the law, the rules and regulations formulated by the employer must meet the following three conditions to be legal and effective: first, the content conforms to the provisions of laws and regulations, second, the formulation process needs to perform democratic procedures, and third, it is publicized and notified to the workers.
Three conditions are indispensable.
If the rules and regulations formulated by the enterprise do not meet these three conditions, it is illegal, and it is not legal to fire employees on the basis of this.
In addition, according to the provisions of Article 39 of the Labor Contract Law, if the employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract.
What is "serious"?
The labor contract law does not make clear provisions, but since it is a violation of rules and regulations, it is necessary to clarify the behavior of employees by the rules and regulations of the enterprise.
That is to say, the enterprise bears the burden of proof to prove that the employee's leakage of wages is a "serious" violation of the rules and regulations.
Judging from the current judicial decisions, many courts have held that employees leaking wages or inquiring about colleagues’ wages have not yet reached the level of “serious” violation of the company’s rules and regulations. Therefore, it is determined that the dismissal of employees by the company is an illegal termination of the labor contract.
In the opinion of many labor law experts, only when the company's rules and regulations are legal and effective, and the employee's behavior of divulging wages or inquiring about colleagues' wages has reached a serious level, can the company's dismissal of employees be deemed to be legal termination.
Specifically in the case of Xiao Zheng, the company needs to provide evidence to prove that Xiao Zheng leaked wages on purpose.
It is true that the real-name salary confidentiality system of the enterprise itself is not illegal, and it can be used to reduce the negative impact caused by conflicts and comparisons between employees due to salary differences. Position, flexible to determine the salary level.
However, the salary confidentiality system is also a double-edged sword, and it may also violate the rights and interests of laborers, create unfairness and even become a fig leaf for unfair distribution.
Therefore, for enterprises, the salary confidentiality system can be implemented, but it cannot be abused, and employees cannot be fired on the grounds of leaking wages.
Of course, from the perspective of workers, we still hope that companies can take the initiative to adjust their internal management systems. While keeping personal salaries confidential, we should implement an open remuneration system, so that the remuneration system, grades, and standards are open and fair, so that workers’ wages can be clearly paid. in vain.