Mom! The Ban Chi on today arrives 30 minutes, the boss says my stay away from work without leave or good reason a long time, deducted my half day pay actually! Laotie people will judge judge which is right! Is such system sound?
3 hours ago
Bizarre doctor: Wow! Half hour calculates half days, have without make a mistake? ?
Adjoining bumblebee: I follow you last week same! Was buckled again half daily wages! Do I think such doing to ask next companies reasonable?
Lovely midge pig: Hear person of a married woman's parents' home answers this kind of question technically, be inferior to ask her?
Ask: Be late or leave early 30 minutes, whether treat stay away from work without leave or good reason a long time?
Answer: Cannot.
Brief introduction of details of a case
Some manufactory sets via the regulations system of legal process formulate: Employee is late 30 minutes less than calculates be late, be late 30 minutes above notes absent from work 4 hours a long time below, be late 4 hours above notes absent from work one day. Leave early also is carried out by afore-mentioned standards. Provide successive absent from work 3 days at the same time, or absent from work of accumulative total of half an year 5 days, or absent from work of annual accumulative total of 10 days of above, give violate discipline to remove.
2007, xie Mou works to this manufactory. Came in May 2017 between October, xie Mou is late for many times, leave early, be late 5 times among them or the time of leave early is controlled to 45 minutes in 30 minutes, 3 times time is controlled in a hour, still have 1 times for 4 hours. This manufactory Xie Mou afore-mentioned is late, convert of leave early accumulative total is absent from work 5 days, removed accordingly then the labor contract with Xie Mou.
Controversy focus
Is the regulations system of unit of choose and employ persons sound?
Handle a result
Be late or cannot magnify when the absent from work of time translate into of leave early, system of this manufactory regulations is unreasonable, arbitral appoint adjudication this manufactory breaks the law remove labor contract pays compensation.
Case reviews analyse
Unit of a lot of choose and employ persons had noticed the requirement of lawful sex when formulate regulations system now, include a program lawful as lawful as entity, but still the rationality requirement of system of regulations of easy oversight formulate. And arbitral orgnaization involves regulations system in hearing a case when, have the rationality that as a temporary measure is necessary to examine regulations system.
In this case, this manufactory assured lawful sex when formulate regulations system, however oversight rationality. The disagreement of clause of section of its regulations system is rational, main show was magnifying the clue violating discipline of laborer. Laborer is late or leave early 30 minutes, although maintain its to make absent from work, also can maintain only it is absent from work 30 minutes, and cannot magnify directly maintain it is absent from work a long time. This kind violates the act of discipline clue with laborer of magnifier look upon, the result violating discipline that enlarged laborer apparently, aggravating the responsibility violating discipline of laborer. Reason is arbitral appoint maintain this system regulation to be unreasonable, do not apply to laborer and case cognizance thereby. From this, this manufactory removes labor contract breaks the law.
Actually, the regulations system of this manufactory formulate is in reasonable lie between with what there is a gleam of only on unreasonable cognizance. For instance, the enterprise is when formulate regulations system, if not be direct,undertake to the behavior of absent from work of employee the clue magnifies, will be late to undertake with the behavior of leave early the accumulative total of the frequency is changed violating discipline however, violate the requirement that discipline removes in order to violate record number for standard regulation, accord with the general decision criteria inside course of study so, belong to sound regulations system.
