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chongqing, august 31 (reporter wang hai) a labor dispute case caused by teachers' day gifts has been settled recently. wang mouxian (pseudonym), the former principal of sanxia kindergarten in jiulongpo district, chongqing, was found by the kindergarten to have violated the "regulations on strictly prohibiting teachers from illegal acceptance of gifts and cash from students and parents" no. 4 issued by the ministry of education for "accepting" a box of chocolates worth 6.16 yuan from students on the eve of teachers' day in 2023, and was expelled. wang mouxian was dissatisfied with this and took the kindergarten to court.

in the first instance, the jiulongpo district people's court of chongqing ruled on march 28, 2024 that the kindergarten lost the case. the court held that the chocolates received by wang mouxian were of small value and were given by children out of love and respect, so it was not appropriate to characterize them as receiving gifts and cash gifts from students and parents. at the same time, when the two parties failed to reach an agreement on the job transfer, the kindergarten terminated the labor contract without giving a chance to correct the situation, which was obviously not prudent enough. the court determined that the termination of the kindergarten was an illegal termination and should pay compensation. however, both parties were dissatisfied with the first-instance judgment and appealed.

in the second instance, the parties did not submit new evidence. after trial, the chongqing fifth intermediate people's court held that the first instance judgment had clear facts and correctly applied the law, and should be upheld. the appeal was dismissed and the original judgment was upheld.

after the first trial, the reporter interviewed hu mouguang (pseudonym), a member of the board of directors of the three gorges kindergarten. the surveillance footage he provided at around 8 am on september 8, 2023 showed that a child handed a portable plastic food bag to wang mouxian and hugged her. it is understood that in the first trial, wang mouxian showed a video of the parent meeting, in which the parents asked the kindergarten to explain the dismissal of wang mouxian and stated that he had distributed chocolates to the children. the kindergarten recognized the authenticity of the parent meeting video, but believed that wang mouxian, as the principal, violated regulations by accepting gifts regardless of their value and brought negative impacts to the kindergarten and distrust from parents.

in this case, the regulations of the ministry of education became the key focus. the kindergarten fired the principal for violating the regulations without fully considering the nature and value of the gift. as the principal, wang mouxian should also be more cautious about students' gifts to avoid unnecessary disputes. this case reminds educators that while strictly abiding by the regulations of the ministry of education, they should also properly handle the relationship with students and parents to avoid losing the big picture for the small. at the same time, kindergartens should also be more rational and prudent when implementing regulations, give employees reasonable explanations and opportunities to correct, and jointly create a good educational environment.

as of press time, wang mouxian refused to be interviewed by reporters.