Recently, the Intermediate People's Court of Shenzhen City, Guangdong Province, concluded a labor contract dispute case and ruled that a technology company should pay compensation to Wang for terminating the labor contract in violation of the law. Wang is a human resources specialist and operation management department specialist of a technology company. At 20:56 on October 24, 2020 (Saturday), the company informed Wang on WeChat that he would travel to Guangzhou the next day. At 9:56 on October 25, Mr. Wang replied that "I was not feeling well yesterday and went to bed very early. I didn't receive a call", and then said that I couldn't go to Guangzhou because of something at home. The company believes that Mr. Wang violated the provisions of the company's rules and regulations of "ignoring, perfunctory and evasive requests for cooperation from colleagues", and gave a serious warning and deducted 4 points. After that, the company terminated the labor relationship on the grounds that Mr. Wang repeatedly violated the rules and regulations and the accumulated points were deducted to meet the dismissal conditions stipulated by the company. In December 2020, Mr. Wang applied for labor arbitration and asked a technology company to pay compensation for the termination of the labor contract. Without support, he filed a lawsuit to the Futian District People's Court of Shenzhen. The Futian District Court determined that a technology company should pay compensation for the termination of the labor contract. After the judgment of the first instance, both parties appealed to the Shenzhen Intermediate Court. After the hearing, the Shenzhen Intermediate People's Court held that the company's rules and regulations generally regulate the behavior in the working hours and workplaces, and that the company's "ignoring the cooperation requirements from the company's colleagues" should also be limited to the working hours, and should not extend to the rest time outside the working hours. Mr. Wang did not receive the company's instructions on overtime and business trip on the rest day for reasonable reasons at the weekend, which is not the same as ignoring the company's real-time instructions and colleagues' cooperation requirements during working hours. In addition, according to the provisions of the Labor Law, if it is not legal, the employer can extend the working hours after negotiation with the worker, that is, the worker can refuse the request of the employer for overtime. The company later took Wang's failure to go on business as a reason to think that Wang's excuse for his colleague's cooperation request was a punishment for Wang's refusal to work overtime. The court held that the punishment was inappropriate and did not support it, and that Wang did not violate the rules and regulations for many times, and that a technology company should pay compensation for the termination of the labor contract. ■ The judge said ■ The popularity of smart phones and the wide application of various instant messaging software in the Internet era make online overtime and online job waiting become the norm. Many employers send work orders to workers during the rest time through WeChat group, QQ group, e-mail and other ways. Even if the work orders may only need to be answered or simple online operation, it will undoubtedly affect the workers' right to rest. Both the Constitution and the Labor Law of China stipulate that workers have the right to rest, which should be protected. The employing unit shall fully respect and protect the workers' right to rest, and shall not issue work orders or work requirements during the rest time. It may agree with the workers in advance to keep the communication equipment unblocked in order to receive the urgent work orders in certain special or emergency situations, and shall give appropriate compensation in such case of standby at any time. Laborers, on the premise of not affecting the rest, adhere to the principle of honesty and give necessary assistance and cooperation to the work of the employer. (Xinhua News Agency)
Edit：Ying Ying Responsible editor：Jia Jia
Source：rmfyb.chinacourt.org
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