news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

reporter | zhang qin intern | zhu tianxiang

according to shengongshe, liu chao is an employee of a pharmaceutical company. on october 14, 2020, seven employees of the company jointly wrote to the leader to report liu chao and his colleague chen juan's office romance, and listed many inappropriate behaviors during their work, such as openly behaving intimately and kissing in the workplace, which made the originally clean and harmonious working environment dirty and everyone's work enthusiasm became worse and worse.

on october 19, the company issued a "notice of termination of labor contract" on the grounds that liu mouchao seriously violated the unit's rules and regulations.

on november 11, liu chao applied for arbitration and demanded that the company pay more than 230,000 yuan in compensation. during the arbitration stage, the company applied for multiple witnesses to testify in court to prove that liu chao and chen juan had engaged in indecent kissing in the workplace, which had caused adverse effects. in the end, the arbitration committee did not support liu chao's request.

liu chao was dissatisfied and filed a lawsuit.

the first-instance court held that the reward and punishment management system formulated by the company was formulated in accordance with relevant procedures and made public to employees, and was binding on all employees, including liu chao.

the reward and punishment management system stipulates that "the company has the right to terminate the labor contract if an employee has bad behavior (such as drug use), is morally corrupt, affects the company's reputation or causes serious adverse effects within the company."

as to whether the actions of liu chao and chen juan seriously violated the company's rules and regulations, the following facts can be confirmed based on the wechat chat records, joint letter and testimony of witnesses in court submitted by the company:

on march 12, 2020, a person using the wechat handle "liu chao" posted two screenshots of wechat chats between liu chao and chen juan in the company's tennis wechat group. the chat content included "are you working overtime at night?", "i want to keep looking at you", "i love you", "my husband saw our chat history and said he would investigate me", etc. it was later confirmed that the screenshots were posted by liu chao's wife.

on march 25, 2020, the company's general manager received a text message on his mobile phone: "as a wife, i really can't stand the adulterous couple in workshop 204. i need to make it public." attached with it was a screenshot of the same chat as in the tennis group.

in may 2020, liu chao took leave to deal with family affairs with his wife.

in august 2020, chen moujuan had an argument with her husband at the entrance of the company, and her colleagues tried to dissuade them.

in october 2020, colleagues saw liu chao and chen juan kissing in the workplace, which led to a quarrel in the workplace. finally, the workshop staff jointly reported and asked the company to take action against liu chao and chen juan.

all of the above circumstances reflect that the degree of interaction between liu chao and chen juan has obviously exceeded the scope of a normal colleague relationship. the kissing between the two in the workplace has had a serious and adverse impact on the company's normal working order and internal unity of employees.

the actions of the two violated basic professional ethics and professional morality, went against social order and good customs, and were clearly inconsistent with the advocated socialist moral trends and core values.

in summary, the company notified the union to terminate the labor contract on the grounds that liu mouchao seriously violated the unit's rules and regulations. after the union responded and agreed to the termination, the company's act of issuing a notice of termination of the labor contract to liu mouchao was legal and valid.

liu chao was dissatisfied and filed an appeal. the second instance court rejected the appeal and upheld the original verdict.

image source: visual china.

regarding this matter, feng qinjuan, a lawyer at taihetai law firm, said that first of all, liu chao and his colleague chen juan were both married, but they openly developed an office romance. this behavior violates public order and good customs and is not recognized by law. secondly, liu chao and chen juan developed a romance in the office and publicly performed intimate behaviors, which has also affected the normal office order of the company and harmed the physical and mental health of colleagues. this behavior has violated the provisions of the company's reward and punishment management system that "the company has the right to terminate the labor contract if the employee has bad behavior (such as taking drugs), moral corruption, affects the company's reputation or causes serious adverse effects within the company." the system has been formulated through the corresponding procedures and announced to employees, and is binding on all employees including liu chao. if the company provides sufficient evidence, the company has the right to terminate the contract and not pay compensation.

feng qinjuan believes that employees' free love should also comply with social customs and company office order. when working in a company, employees should consider the impact of their behavior on their colleagues. whether married or not, making intimate gestures in the office will affect other colleagues and thus affect office efficiency. regardless of whether the company's regulations explicitly prohibit it, it will not affect the company's determination of a violation of the labor contract.