Is It Unfair To Dismiss Employees From Washing Dishes With Pots?

At the end of May 2016, a science and technology company in Beijing dismissed the staff of xiaomou, a cafeteria, on the grounds that in January 13, 2016, she washed the underwear in the company's cafeteria dishes.

Xiaomou entered the company in 9 months in 2006 and worked in the company canteen for nearly 10 years. Xiaomou did not know clearly about the rules and regulations of food safety, and the company had not trained.

"I really used to wash the dishes and wash my underwear that day, but this kind of thing does not happen very often, nor is it washed during the menstrual period."

Xiaomou also said that his behavior is not good, but it does not constitute a serious violation of discipline, the company did not expressly stipulate the act, and even canteen staff bathing with a bucket of washing dishes, he is not alone.

The case is

During the period, the arbitration company decided to terminate the labor contract on the grounds that the company did not provide the system.

The company refused to accept the arbitration award and took Xiao Mou to court.

After mediation, the company illegally lifted xiaomou labor contract to pay compensation 40 thousand yuan.

After the announcement of the case, there was much controversy.

It is surely wrong and unacceptable for employees to wash underwear with vegetable pots, but there may be some problems in the handling of xiaomou by employing units.

In judicial practice, judging whether the behavior of employees is a serious violation of discipline will make a comprehensive judgement based on the specific working environment.

There were two cases of "stealing food from a unit" in the city, and the results were quite different.

First, two employees of the Peace Hotel were stealing two apples from the kitchen because of hunger.

After being discovered, the unit terminates the labor contract with the two party.

They refused to accept the unit's handling, and they appealed to the court respectively to resume their labor relations.

The first instance supported the company's practice, and the employee refused to appeal. The result was rejected.

Two is a food processing company flower shop operator Wang Mou at work, picked up a small piece of decorative cake with kiwi fruit to eat, was discovered by the new deputy manager.

The company was relieved by Wang's "stealing company food".

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Wang filed arbitration.

After the trial, the Arbitration Commission held that although Wang's behavior was improper, it did not constitute a serious violation of the company's rules and regulations. The company's lack of grounds for the termination of labor contract with Wang had to pay compensation for illegal labor contracts.

Why can employees steal two apples and get rid of a kiwifruit, but can't they be expelled? Is the value of two apples far more than a kiwi fruit? Of course not.

So what causes the outcome of the two cases to be so different?

First of all, in the case of "eating kiwifruit", as a food production workshop operator, Wang's behavior of eating Kiwi without authorization is indeed improper, and the company has conducted training for Wang, so it is not allowed to eat in the workshop.

But in fact, eating fruits such as Kiwi and cherry often happens in the workshop.

The company has a great influence on kiwifruit, which is inconsistent with the facts.

In the food processing workshop, food processing workers are not good at ensuring food safety while eating while working. The company has not established and improved the relevant management system.

Second, employees apparently did not take necessary protective measures when they were engaged in food processing, such as wearing masks.

If the company has a specific work rules for wearing masks, Wang will eat a small piece of Actinidia for a number of disciplinary actions: take off the mask, eat the company's stuff, and work while eating.

Therefore, although Wang's behavior is improper, it does not constitute a serious violation of the company's rules and regulations. The company's lack of grounds for the termination of labor contract with Wang should pay illegal employment contracts to Wang.

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In the case of "stealing Apple Case", the work scope and content of the two people did not involve hotel kitchens, which belonged to non kitchen staff.

But they ignore the rules and use the non employee channels at will, especially in the kitchen at night.

Let's take a look at the case of "dismissal in the washing basin staff". Although Xiao Mou's practice is wrong, is the company responsible for its management? Is there really a canteen employee bathing in a washing bucket? Is there any serious handling after the emergence of the company? If the staff of the dining Hall did not get serious treatment with the washing bucket, the employees would not be fair if they washed their underwear for the first time.