According to the civil judgment, Wu joined vipshop in 2013 and was dismissed in April this year, with an average salary of 13140 yuan in the 12 months before the termination of labor relations.
Vipshop believes that Wu received four cups of Starbucks from the supplier, Antarctica Du, in October 2019 and February 2020 respectively, with a total of eight cups of coffee for Wu and his team members. This behavior touches the first item of vipshop management red line: accepting improper interests.
In addition, Wu bought two boxes of masks from DU in February 2020; from January 2019 to April 2020, Wu lent his Huahai warehouse purchase account number to personnel outside the company to purchase internal high discount welfare goods. These two behaviors violate Article 5 of vipshops management red line: to make use of the convenience of their positions or the companys resources to seek profits for themselves or specific related personnel.
Wu argued that he had only received one Starbucks afternoon tea without knowing it, with a total of three cups, worth 112 yuan. According to vipshops employee handbook and other relevant regulations, receiving gifts is a normal business behavior, and only when the gift price exceeds 200 yuan, it needs to be reported and delivered to the company.
The purchase of masks from suppliers is a personal business activity. Wu has paid the corresponding consideration and has no relationship with vipshop.
In addition, Wu said that huahaicang app is vipshops shopping software open to the public. Anyone can browse and use it. Wus employee account is not associated with it, and there will be no leakage of secrets. Moreover, the lending of private account does not constitute using the companys resources to seek profits for himself and others.
The focus of this case is the qualitative issue of vipshops termination of labor relations between the two parties. Whether Wus above-mentioned behavior constitutes a serious violation of vipshops rules and regulations to the extent that it is necessary to terminate the labor contract. Through the court judgment documents, the interface workplace found that the judge thought that Wus behavior did not touch the red line, and vipshop had the problem of selective law enforcement.
Court verdict. Photo source: China referee document website
Wus behavior is reasonable, vipshop failed to fulfill its management obligations
According to the judgment of the Guangzhou central court, the coffee provided by Wu and the masks purchased during the epidemic period did not exceed the normal human relationship, and should not be considered as violating the rules and regulations of vipshop. Secondly, there is no direct evidence to show that Wus account number of borrowing flowers from Haicang divulges vipshop secrets.
However, the interface workplace found that the court did not deny the loss caused by Wus lending account to vipshop. According to the judgment, Wus loan of his internal account number to external personnel of the company did cause certain losses to vipshop to a certain extent. Although it was inappropriate, it was not defined as conduct misconduct or serious violation of the basic code of conduct and ethics in the employee handbook.
In addition, although there are certain preferential prices for domestic products, there are certain defects in the goods themselves, and the normal market value of goods can not be used to determine the loss of vipshops interests. In addition, the amount involved in Wus lending behavior is only 8262 yuan, even if it is for the benefit of a specific person, no matter how serious it is.
It is worth noting that the judge especially stressed that vipshop did not give oral talks, reminders or written warnings to Wu during the period from January 2019 to April 2020, and failed to fulfill the corresponding management obligations in time. Instead, the judge allowed vipshop to choose the most severe punishment for terminating the labor contract after it was allowed to develop.
Although the law gives the employer the right to formulate rules and regulations, the exercise of the right is not unlimited and free, but the basic principle is fairness and rationality. The court judgment said.
Wang Zhiyan, a lawyer with Shanghai zunyuanheng law firm, believes that the judgment of the case can avoid making the companys red line a selective means to terminate the labor contract.
Selective release is actually what we call settling accounts after autumn. Wang Zhiyan said, the company found such violations, but did not timely remind employees, did not give appropriate warning, but directly dismissed, such rules are not reasonable.
In addition, in the measurement of severity, Wang Zhiyan thinks that employers can usually do progressive work in violation of regulations, such as warning first, and then recording major demerit, which can be quantified according to specific actual operation.
As a matter of fact, it is mentioned in the vipshop staff behavior reward and punishment measures that the disciplinary principle is mainly based on education and guidance. To deal with the negligent employees, the main purpose is to improve and improve them, and to promote the gradual and cumulative punishment But in practice, vipshop did not follow.
The judgment of the second instance triggered a heated discussion on the Internet, and netizens worried about how not to touch the red line of the company
After the verdict of the second instance came out, vipshop lost the case in the second instance, and how to view vipshops career red line quickly fermented on microblog, which caused hot discussion among the public. Many netizens believe that vipshop, in essence, wants to expel its employees, but is not willing to bear high compensation losses.
Some netizens said: in order not to compensate employees for 180000 yuan, even drinking a few cups of coffee, buying two boxes of masks are excuses, really want to add to the crime, why not have to worry about it.
Photo source: screenshot of microblog
Zhihu netizen Wang Ruien believes that it is not a phenomenon encouraged by the law to dig through old accounts and find out the defects in employees work.
The courts decision is a kind of encouragement to the workers: dont worry, if you find that the companys red line is only for selective implementation, which is called advocating values, and it is actually a disguised dismissal, then you should take it back.
Know the netizen Wang Ruien in the topic of the answer. Source: screenshot
According to hr of a company, it is very difficult and risky for the employer to unilaterally terminate the labor contract in practice.
Most of the so-called unilateral termination of the employer can finally be withdrawn. It is not how clever, just and powerful the employer is, but that the laborer does not care, entangle and be serious for one reason or another.
Another HR also stated that the company should follow Chinas labor law when terminating labor contracts with employees. No matter how strict the rules and regulations of an enterprise are, they should be carried out in a reasonable and legal way. Otherwise, it will damage not only the rights and interests of workers, but also the reputation established by the enterprise over the years. Wang Zhiyan reminds workers that daily compliance with the companys rules and regulations is the employees professional ethics. However, in case of conflict with leaders and ineffective communication, they should actively seek professional advice and fix the evidence at the same time. The reason why the law of this labor dispute case can stand on Wus side is also because she has cleverly retained sufficient evidence. Zhihu netizen Lu Junqius lawyer also said, if the laborer cant provide evidence, its really hard for a lawyer to cook without straw. Its because the laborer has this evidence that he gives the judge the strength to support the worker. The rest is just icing on the cake. Source: editor in charge of interface news: Chen Hequn_ NB12679
Wang Zhiyan reminds workers that daily compliance with the companys rules and regulations is the employees professional ethics. However, in case of conflict with leaders and ineffective communication, they should actively seek professional advice and fix the evidence at the same time. The reason why the law of this labor dispute case can stand on Wus side is also because she has cleverly retained sufficient evidence.