Workers' Golden Week Was "Dismissed" And Dismissed?

For part-time employment of full-time workers, China's law has adopted the attitude of "no promotion, no encouragement, no intervention, no prohibition", and at the same time, the decision power has been handed over to the employer.

Zhao Meijuan is a senior technician in a company.

On the eve of the National Day holiday, a unit sent an invitation to him to make use of his holiday to overhaul all the machinery and equipment, and promised a handsome reward.

Zhao Meijuan felt that he was idle at leisure, and this was precisely his own skill, and his machine and equipment were exactly the same as those of the company.

And when Zhao Meijuan went to the maintenance as scheduled, the company leaders who heard the news called that Zhao Meijuan belonged to full-time employees. Even during the vacation, they could not work outside the office, let alone stop competing with the company. Otherwise, they would get rid of the labor contract with Zhao Meijuan.

But Zhao Meijuan felt that his activities during the statutory holidays had the right to govern himself, and the company had no right to interfere, so he ignored it.

Unexpectedly, when Zhao Meijuan returned to work in the company after the holidays, he was really told that he had been dismissed from the company.

Is the company doing the right thing?

[analysis]

The company's practice is not improper, and it has the right to unilaterally dismiss Zhao Meijuan.

Although Zhao Meijuan only used the National Day holiday outside, "

"But when it still has labor relations with the company, it is also a part-time job.

Because the thirty-ninth clause of the labor contract law stipulates: "

In any of the following circumstances, the employer may rescind the labor contract:

(four) laborers should establish labor relations with other employers at the same time, which will have a serious impact on the completion of the work tasks of the unit, or if the employer proposes to refuse to correct them. "

That is to say, the key lies in

The impact on employers and the attitude of employers.

The employer can not question the part time behavior of the laborers, but as long as a part time job has a serious impact on it, or if it does not cause serious impact, but the worker refuses to correct it, the employer has the right to unilaterally terminate the labor contract.

Correspondingly, this case gives the company the right to dismiss unilaterally: Zhao Meijuan is a full-time employee, and the company has made it clear that Zhao Meijuan must stop immediately, while Zhao Meijuan ignored it.