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lawyer talks about "female employee was fired for refusing to bring breakfast for the boss": suspected of violating the law

2024-09-15

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recently, the incident in which a new female teacher from an educational institution was fired for refusing to bring breakfast to her leader sparked heated discussion.

on september 14, jiupai news contacted the female teacher, who said that she has now resumed work and the company said it would not fire her. the previous leader’s behavior was personal and had nothing to do with the company. the leader involved has been fired.

previously, the female teacher had posted on social media seeking help. she said that she had just been working in a teaching and training institution for a month, and her job was to teach students. but a female leader wanted her to be her assistant and help bring breakfast every morning.

the chat records released by the female teacher show that the female leader listed the daily meal standards in detail, such as "always let me have mineral water to drink, normal bottled, nongfu spring" and "i want a luckin medium cup of hot american coffee + an egg in the morning", and said that the meal money would be prepaid every monday. the leader also required that the information between the two should not be disclosed to a third party.

at the suggestion of netizens, the teacher asked the leader for prepayment of the meal on the grounds of financial difficulties. the leader asked in return, "why do you keep asking me for money today?" "you really have no money, you have to earn it on your own... if you do this, i dare not employ you."

the female teacher said that the next day, the hr interviewed her and said they were going to fire her. she sent the chat records to the company group chat, but the administrator withdrew the message and blocked her from speaking. she felt "very helpless and ridiculous."

the chat record between the female teacher and the leader involved was posted by the teacher. photo/screenshot from social media

at present, the female teacher has resumed her normal work. she said that she would like to thank the majority of netizens, and if it were not for the support of netizens, she would have resigned long ago.

in this regard, lan tianbin, senior partner of jiangsu fade dongheng law firm, told jiupai news that according to the labor law, an employer may terminate a labor contract if a worker is in one of the following circumstances: (1) the worker is proved to be ineligible for employment during the probation period; (2) the worker seriously violates labor discipline or the employer's rules and regulations; (3) the worker seriously neglects his or her duties, engages in malpractice for personal gain, and causes significant damage to the employer's interests; or (4) the worker is held criminally liable in accordance with the law.

he said that in this incident, the leader involved asked the employee to buy breakfast on his behalf and then fired the employee because of a dispute over buying breakfast. this does not fall under circumstances where the labor contract can be terminated and is suspected of illegal termination of the contract.

lawyer lan tianbin emphasized that after a labor dispute occurs, the parties can apply for mediation to the labor dispute mediation committee of their unit; if mediation fails and one party requires arbitration, they can apply for arbitration to the labor dispute arbitration committee. one party can also apply for arbitration directly to the labor dispute arbitration committee. if you are dissatisfied with the arbitration award, you can file a lawsuit with the people's court.

jiupai news reporter yan huayang