Some citizens consulted: "The efficiency of the unit where I work is not good, and I am gradually laying off employees." Last year, the labor union formulated a set of employee handbooks, which stipulated: looking at mobile phones and surfing the Internet to do private things during working hours is a serious violation of discipline, and the labor contract will be terminated immediately without compensation. Is it legal for the company to do this?”Guest of this issue
Wang Yue is a lawyerShanghai Shipping Curtain Law Firm
Lawyer Wang Yue said that this problem can be obtained fromTwo dimensionsGo**. First of all, about this setThe procedural issue of the issuance of the employee handbook itself。In accordance with the relevant labor laws, the formulation of the employee handbook needs to go through a democratic process and be publicized in place. If the employee's employer has only developed this manual through the trade unionis not in accordance with the law。If the employer terminates the labor contract of the listener in accordance with the new provisions in the manual, it should be deemed to beIllegal Termination
Secondly, if there is no problem with the development of the manual itself, then it is neededFurther review of the content of the developed manual and whether there are any problems。According to this listener, if you look at your mobile phone and go online to do personal things during working hours, the employer can immediately terminate the labor contract without compensation. Lawyer Wang Yue's view on this is that although the law gives employers the autonomy of employment management, this right isThere are bordersIt cannot be expanded indefinitely. According to the manual, just by looking at the mobile phone during working hours, the employer can terminate the employee's labor contract, lawyer Wang Yue believesSuch a punishment is beyond the scale of public perception and is problematic. Generally speaking, if the employer wants to restrain the employee's behavior,A more prudent approach should be adopted。For example, if an employee is found to have a warning for this kind of behavior, and then further escalate the punishment after several warnings, it is a behavior that can be recognized by the public and is in line with common sense. 
For employees playing with mobile phones, the unit should pay more attention to the communication and exchange in daily work, so that it can eliminate small mistakes. If the employee refuses to change after repeated teaching, the corresponding punishment measures can be given through the rules and regulations of the unit. As lawyer Wang Yue saidThe introduction of rules and regulations should also be legal, such as: after the staff congress discussed and passed, and publicized in place. In addition, it is recommended that the rules and regulations of the unit have a certain amountStep-by-step, that is, the punishment behavior is divided into gradients such as warning, serious warning, termination of labor contract, etc.;In addition, several punishment methods are used in conjunction with each other, such as "an employee who plays with his mobile phone to watch movies and television series or engages in other activities unrelated to work during work is a minor disciplinary violation", "two minor disciplinary violations are moderate disciplinary violations, two moderate disciplinary violations are serious disciplinary violations, and serious disciplinary violations can be terminated by the enterprise". At the same time, the unit is responsible for the violation of discipline by employees, such as employees playing with mobile phones and sleeping at workThere should be surveillance screenshots to provide evidence, record it, and get the employee's own confirmation and signature
Reporter: Zhou Le.
Editor: Yue Shunshun (Xi).
*Please indicate that it is from Minhang's official WeChat.
(Click ** to view).