**Legal knowledge, to solve the worries of workers, here is a small class on workers' rights and interests.
Nowadays, many units will clock in and out online, and some employees believe that as long as they clock in online, they will not be late or leave early. Is that really the case?
Recently, the People's Court of Ningxiang City, Hunan Province concluded a labor dispute case. Because the home is very close to the company, the employee found that he could complete the attendance and clocking in at home, so he clocked in and out at home many times, and later the company checked the access control record and fired him. However, the employee believes that the company only stipulates that attendance and punching on DingTalk cannot be determined based on the access control record. Let's take a look at the specific facts of the case.
He is an engineer at a technology company. The company's "Employee Handbook" and "Attendance Management Regulations" all stipulate the late arrival, early departure and absenteeism of employees. And He issued the "Employee Handbook", and the "Attendance Management Regulations" was publicized to all employees.
From July to September 2022, 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, 13 times for leaving early, including 4 times for more than 20 minutes", and He Mou recognized the above access control records. According to the relevant provisions of the employee handbook, the company terminated the labor contract with He.
He was not satisfied, 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, demanding that the company pay more than 170,000 yuan in economic compensation for illegally terminating the contract. After trial, the court held that the company determined that He was late for many times in accordance with the rules and regulations, and it was not improper to terminate the contract with him. He's claim was dismissed.
So, is it reasonable for the company to adopt the attendance method of online punching and clocking in, and determine the absenteeism based on the access control record? Was He unjustly expelled? Let's hear from lawyers.
The company adopts the method of online punching and clocking to manage the attendance of employees, and the access control system can reflect the status of employees on the job, which is based on the company's attendance system and uses this record as an auxiliary means of supervision of whether employees go out without permission. 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.
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.
At the same time, employers are also reminded that when terminating an employment contract on the grounds that an employee has violated the rules and regulations, it should pay attention to the validity of the rules and regulations and whether the rules and regulations are clearly communicated to the employees, and at the same time, the employee's behavior should be comprehensively judged 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.
Okay, that's all for this issue's lesson, see you in the next issue.
Producer: Zhao Jie, Lan Haiyan.
Curator: Zhang Weijie.
Written by: Zhou Qian.
Moderator: Li Yimeng.
Production: White to clean.