Living near the workplace, whenever the employee is about to be late, the employee clocks in at home first, creating the illusion that he is never late for work.
Can the employer terminate the employment relationship in accordance with the rules and regulations after discovering the act?
Recently, the Ningxiang Municipal People's Court concluded a labor dispute case.
On June 14, 2014, Mr. He joined a technology company as an engineer. The company's "Employee Handbook" and "Attendance Management Regulations" both stipulate that "calling the clock-in card within 20 minutes later than the specified time is considered late, and calling the clock-off card within 20 minutes earlier than the specified time is early departure......If the employee is absent from work for three or five days in a year, it will be regarded as a serious violation of the company's rules and regulations, and the company has the right to terminate the labor contract”。The company issued the "Employee Handbook" to He, and publicized the "Attendance Management Regulations" to all employees in the company's OA system.
From July to September 2022, because his address was very close to the company, He clocked in at home many times. When the company checked the access control records, it was found that "He was suspected of being late for 18 times, including 8 times for more than 20 minutes, and 13 times for leaving early, including 4 times for more than 20 minutes" for the above access control recordsHe expressed his approval. Accordingly, the company terminated the labor contract with He.
He was not satisfied, and He believed that the company's regulations on attendance and punching on DingTalk could not be determined based on access control records. After the labor arbitration was pre-empted, He filed a lawsuit with the Ningxiang Municipal People's Court, demanding that the company pay more than 170,000 yuan in economic compensation for illegally terminating the contract.
After the trial, the court held that the attendance method adopted by the company - DingTalk punching and out is to manage the attendance of employees who are late for work and leave earlyThe access control system can reflect the status of employees on the job, and the company uses this record as an auxiliary means of supervision on whether employees go out without permission on the basis of the attendance system。At the same time, when the company interviewed He, he did not raise objections to the authenticity of the access control records, and only explained the reason for his absence from work during a certain period. He did not perform the approval and reporting procedures in accordance with the attendance system, nor could he prove that he was out of workTherefore, the court did not accept He's claim. According to the rules and regulations, the company determined that He was late for many times, and it was not improper to terminate the contract with him. In summary, the court rejected He's relevant litigation claims.
After the verdict, He was dissatisfied and appealed. The Changsha Intermediate People's Court rejected the appeal and upheld the original judgment.
After establishing an employment relationship with the employer, the employee shall abide by the rules and regulations formulated by the employer in accordance with the law, and obey the daily management and proper work arrangements of the employer. For employees, commuting to and from work on time is the most basic professional ethics and the most basic labor discipline.
In this case, Mr. He clocked in at home, creating the false impression that he was never late, which violated labor discipline and the principle of honesty and trustworthiness. The judge reminded that the employer terminated the employment contract on the grounds that the employee had violated the rules and regulationsAttention should be paid to the effectiveness of the rules and regulations and whether the rules and regulations are clearly communicated to the workersAt the same time, the employer should comprehensively evaluate the employee's behavior based on factors such as the characteristics of the employee's job position and the number of times the rules and regulations have been violated.
*: Ningxiang Municipal People's Court.
Edit: White.
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