The company's WeChat group questioned the salary performance guy was terminated from the contract
The company said that his "radical remarks seriously interfered with the work order", and the lawyer said that if he was dismissed for "violating company regulations", there must be clearly stipulated circumstances, otherwise it will be invalid
■ Tang Moumou is still aggrieved. He asked in the company group "when will the salary be paid" and questioned his performance appraisal results, and was removed from the company group after an hour.
That night, the company issued a notice stating that Tang Moumou made radical remarks that "seriously interfered with the company's normal work order and caused extremely serious negative impacts." According to the company's relevant management regulations, he was punished by termination of the labor contract.
■ Tang Moumou believes that the company's unilateral termination of the labor contract has violated the law and should be compensated.
However, in many communications, the company did not mention compensation.
However, the relevant person in charge of the company involved told the Chengdu Business Daily-Red Star News reporter that the employee's remarks were too radical and caused adverse effects, so the labor contract was terminated.
Regarding the issue of compensation, "he can protect his own rights and interests through legal means, and he will have all the compensation he should have at that time."
He was dismissed from the labor contract for inquiring about salary and questioning performance appraisal in the general group of the company
Tang Moumou told reporters that he officially joined the Metaverse Division of a technology company in Chengdu in February this year.
The labor contract clearly states that wages are paid on the 10th of each month, but the October wages that should have been paid on November 10 were not received until November 16.
On the afternoon of November 16, Tang Moumou sent a message in the company's general group asking "when will the salary be paid", and complained that "every month's salary is delayed until after the 15th. If I remember correctly, the contract is signed on 10th." How about paying wages? Your credit cards are all overdue..."
Tang Moumou said that in addition to the late payment of salary, because he was working on a project before, his immediate leader once told him that if the project was completed within the specified time, he would be given a salary increase.
But the project was completed on time, and Tang Moumou found that not only did he not get a salary increase, but he was also given a "C" in his performance appraisal, "600 yuan was deducted".
Tang Moumou, who was dissatisfied, complained in the group chat, "The performance in October was rated C. What broke the rule that every department must have a C?"
The reporter saw through the chat records in the group chat that after Tang Moumou made these remarks, a person in charge of the management team responded: "The issue of salary payment is mainly a problem of the human resources department. I would like to apologize to you and other colleagues. We will deal with it seriously. If you have any doubts about your performance level, you can communicate with your superiors and appeal to the human resources department at any time.” Later, the deputy general manager of the company’s human resources department also said in the group: “If you have any questions about performance, please feel free to contact us at any time. I."
Tang Moumou later asked them in the group to complete the work under tight time and heavy tasks, why two out of the three were typed "C", etc., there was no reply in the group, and the messages sent by several colleagues showed that was withdrawn.
After more than an hour, he was removed from the group chat by Li, the deputy general manager of the company's human resources department.
At about 10 o'clock that night, a colleague told Tang XX that a notice was sent in the group saying that the company had terminated the labor contract with Tang XX.
Tang Moumou said that the company had not had any communication with him before issuing this notification.
The reporter saw in the briefing, “Due to performance grades and salary issues, Tang Moumou posted radical remarks in the WeChat group of all employees in the company, which seriously interfered with the normal work order of the company and caused extremely serious negative effects... According to the relevant reward and punishment clauses in the employee handbook: Give Tang XX the penalty of terminating the labor contract."
According to the notification, two other managers in the company were given a notification to criticize for “responsibility for negligence in team management and ineffective communication in this incident.”
Company response
Excessive remarks, in violation of company regulations
Regarding the content mentioned in the notification, Tang Moumou said that he didn't want to speak like this in the group, "but there is no other way."
Because of the salary increase issue, he had asked his direct supervisor many times, but the supervisor said it was a company problem, and he didn't know.
Regarding whether his remarks were excessive, Tang Moumou said that he was expressing his appeal normally.
It is illegal for the company to unilaterally terminate the labor contract without notifying him. He asked the company to pay relevant compensation in accordance with relevant regulations.
Tang Moumou also said that on the evening of November 16 and the morning of November 17, Li Mou, the deputy general manager of the human resources department, approached him successively to discuss resignation matters, and Tang Moumou recorded the process.
The reporter learned through the recording that when Li communicated with Tang, the company decided to terminate the labor contract with him because Tang violated the company's regulations and had a relatively large impact.
Tang Moumou said that he was just asking questions normally in the company group, and there was no problem. What system did he violate in the company.
Li said, "You violated the "Employee Handbook" first." As for which article in the "Employee Handbook" was violated, Li said in the recording that he did not know.
On the 18th, Tang Moumou received the company's labor contract termination letter. The reason for the termination was "violation of the company system" and asked him to go through the resignation procedures, which did not mention the issue of compensation.
On the afternoon of November 18, the reporter contacted Li.
Regarding this matter, Li said that Tang Moumou's way of expressing the problem was incorrect. Difference.
"It's impossible to make a fuss in the company and say that you want to fire me." Li said, "I think this kind of employee would be annoyed anywhere." Regarding the company's promise of a salary increase, Tang's performance was finally rejected. Regarding the "C" rating, Li said that performance does not affect the salary increase, and Tang himself misunderstood it.
When the reporter asked Li "Which of the company's regulations did Tang Moumou violate", Li did not answer directly, but said "There is nothing to say about this matter."
Regarding whether compensation will be made, Li said, "He can protect his rights and interests in a legal way, and he will have all the compensation he should have."
Lawyer statement
The company should pay wages on time, and should bear the corresponding legal responsibility for wage arrears
Can the company unilaterally terminate the labor contract with the employee on the grounds of "violating company regulations" because of the employee's radical remarks in the group?
Attorney Zhu Jieping, a special researcher at the China Policy Science Research Association and a founding partner of Taikunlu, said that according to the "Labor Contract Law", the employer can terminate the labor contract under any of the following circumstances: Employment conditions; Serious violation of the rules and regulations of the employer, serious dereliction of duty, selfishness The employer refuses to make corrections when it is proposed by the employer; it is investigated for criminal responsibility according to law or the labor contract is invalid.
As far as this incident is concerned, if the company wants to terminate the labor contract with Tang Moumou on the grounds of "seriously violating the rules and regulations of the employer", then the company's rules and regulations must clearly stipulate the "circumstances of serious violations". And the creation of the rules and regulations is legal and effective, otherwise it is invalid.
Qiu Wenfeng, a lawyer from Sichuan Henghexin Law Firm, said that the company should pay wages on time, and should bear the corresponding legal responsibility for wage arrears.
In this incident, the company announced the termination of Tang's labor contract in the group, which contained words that were not confirmed by Tang, and even punished the termination of his labor contract, which was suspected of infringing on Tang's right of reputation.
The reason for employee resignation is somewhat private. The company can only announce the news of an employee’s resignation for work communication. Without permission, the reason for employee resignation should not be announced.
In addition, in this case, if the communication with the company fails, Tang Moumou can submit labor dispute arbitration in accordance with the provisions of the "Labor Contract Law", "Labor Law" and "Labor Dispute Arbitration and Mediation Law" to protect his rights according to law.
Chengdu Commercial Daily-Red Star News reporter Zhang Ling