Zhongxin Finance, April 24th (Shi Rui) Recently, some netizens said on social platforms that they were fired from the company in the afternoon along with colleagues who commented on this circle of friends because they “really envied others to pay their wages on time” in a circle of friends in the morning. , which sparked heated discussions on the Internet.

The employee's circle of friends was fired for "envy of paying wages on time". Is the company illegal?

　　On April 21, a netizen said on the social platform that he posted "I really envy people for paying wages on time" on the morning of the 20th, and was fired from the company in the afternoon; "My colleague is even more aggrieved, just because of a comment. fired."

　　The "Notice" disclosed by the netizen, which was signed by the Kangning Medical Care Center but not stamped with the company's official seal, showed that because the parties "published indiscriminately in the circle of friends privately, which had an extremely bad impact on the company, the salary was settled and the company was dismissed."

Screenshots of the circle of friends posted by the parties on social platforms.

　　On the 22nd, The Paper confirmed the incident.

A staff member surnamed Li of the Sui County Kangning Medical and Nursing Center of the company involved said that the employee involved was in the probationary period, and the "moments in the circle of friends will be expelled" written in the notice is "to find a reason, in order to take care of the party's face" ".

　　In this regard, lawyer Li Jiquan, a senior partner of Beijing Junbang Law Firm, analyzed to Zhongxin Finance that if the above-mentioned employers dismissed employees only because of the employees’ posts on their Moments, this behavior “is suspected of being illegal, because the behavior of the two did not constitute a crime.” The act of rescinding the labor contract”.

What should the company do if the employee is dismissed due to the professional level of the employee?

　　A staff member surnamed Li of the Suixian Kangning Medical Care Center of the company involved told The Paper that the employee was fired because the employee did not meet the professional level, did not obey the company's management, and contradicted the management.

　　In this regard, the party told The Paper that she and another dismissed employee have signed a compensation agreement with the company. She said that she has a nurse qualification certificate and has worked in other hospitals for five or six years. She does not recognize the company's "unqualified professional level". I hope the company will show evidence, "If they can't show evidence, I have the right to sue them."

Screenshots of content posted by the parties on social platforms.

　　Lawyer Li Jiquan said that if the employer dismisses the employee due to the professional level of the employee, it needs to provide the contract and evidence that the employee does not meet the professional needs.

Wages are not paid on time, is it considered arrears of wages?

　　A staff member surnamed Li of the Kangning Medical Care Center in Suixian County also said that the wages were "not in arrears, not on time".

　　Regarding the salary situation, the person concerned stated that he started working in the above-mentioned company on the tenth of February, was dismissed on April 21st, and on April 10th, the salary of 800 yuan from the tenth of February to the end of February was paid, and there was no mention of it. Probationary period.

　　Lawyer Li Jiquan told Zhongxin Finance that failure to pay wages on time is a type of wage arrears, and employers are suspected of breaking the law by defaulting on wages to workers.

Article 50 of the "Labor Law" stipulates that wages shall be paid to the laborer himself in the form of currency on a monthly basis.

Wages shall not be deducted or owed to laborers for no reason.

Can a worker apply for labor arbitration if he thinks he has been dismissed in violation of laws and regulations?

　　As the incident continued to ferment on the Internet, many netizens suggested that the parties adopt arbitration methods, and the parties replied to the netizens that they were "ready to go".

　　Lawyer Li Jiquan said that if a worker believes that he has been dismissed by the employer in violation of laws and regulations, he can apply for labor arbitration. The compensation shall be paid to the worker twice as much as the economic compensation standard stipulated in Article 47 of this Law (that is, 2N).

How can workers protect their rights when the company is in arrears with wages?

　　According to lawyer Li Jiquan, if workers are in arrears of wages, there are three ways to protect their rights and interests.

　　The first is to negotiate on their own or call the government hotline; the second is to file a “termination of the labor contract” with the employer on the grounds that wages are not paid in full and in time, and then to the labor arbitration commission; the third is to report the employer to the labor security supervision brigade If the unit is in arrears of wages, the labor security supervision brigade will issue a "Labor Security Supervision Administrative Handling Decision" to the employer, requiring the employer to pay the arrears of wages before XX days.

　　On the 22nd, the official website of the People's Government of Suixian County published the "Notice on the Dismissal of Two Employees from Kangmengyuan in Suixian County".

　　The report stated that in response to the online report of "the dismissal of employees of Suixian Kangmengyuan Medical Care and Health Service Co., Ltd. (formerly Kangning Medical Care Center)", the Labor Security Supervision Brigade of Sui County Human Resources and Social Security Bureau has launched an investigation and will be handled in accordance with relevant laws and regulations. , and earnestly safeguard the legitimate rights and interests of workers.

　　As of press time, the local area has not notified the results of the investigation of the incident.

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