Letters from readers
Hello Editor!
I work in the same company as Lao Li. We have a good personal relationship, and under the entrustment of Lao Li, I helped Lao Li, who was on vacation, to use fingerprint film to punch in the company, and was later discovered by the company. I admitted to the company that I had clocked in for a total of 108 working hours instead of Lao Li.
The company believes that the act of clocking in on behalf of the "Attendance and Leave Management System" is a serious violation of discipline involving integrity, and I have violated the labor contract and attendance management system, and also claimed that I violated the provisions of the labor contract signed with the company, and terminated the labor relationship with me as a result. In this regard, I expressed my dissatisfaction and applied for arbitration, believing that the company had illegally terminated the labor contract and demanding that the company pay me compensation for the illegal termination of the labor relationship. However, my request for arbitration was rejected by the arbitration commission. In desperation, I filed a lawsuit in court.
Excuse me, is it reasonable for the company to terminate the labor relationship because I help my colleagues clock in? Should the company pay me compensation for illegal termination?
Beijing Lao Zhang
Explain your doubts
Hello Lao Zhang!
Your company's "Attendance and Leave Management System" stipulates that the act of clocking in on behalf of you is a serious disciplinary violation involving integrity. At the same time, the employment contract signed between you and the company also stipulates the relevant agreements. Therefore, you know that you are helping Lao Li circumvent the company's attendance system, but still use the fingerprint film to punch in for Li, who is on vacation, disrupting the company's attendance management system, which is a dishonest behavior that violates labor discipline, and the employer terminates the labor relationship on this ground, which is a legal termination.
Fingerprint film has the characteristics of high utilization rate, easy to obtain, not easy to find, the use of fingerprint film for the check-in behavior is subjective malicious, is a violation of labor discipline, disrupts the management order of the employer, and if the fingerprint film is widely used, it will also cause huge safety risks to the social management order.
The employer's requirement to use fingerprint clock-in is to avoid the occurrence of clocking in on behalf of the employee and ensure the attendance of the employee. When workers encounter a situation entrusted by colleagues to clock in at work, they should bravely say "no" and must not violate labor discipline because they are concerned about face.
Gu Wenjing, First Civil Division of Beijing Daxing Court
Dou Feitao
Dou Feitao