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female executives and married male subordinates

going out for dinner, dating, or checking into a hotel during work hours,

discovered by a male colleague's wife.

the wife complained to the company.

and got into a physical conflict with a female executive.

after,

the company fired a female executive for serious disciplinary violations，

the female executive argued that

i have always maintained a relationship with my male subordinates

0.46-1.22 meters of "personal distance",

there is no intimacy.

both sides hold their own opinions.

go to court!

👇👇👇

event review

shen joined a hardware products company in guangdong in 2014 and signed a written labor contract.article 10 of the labor contract stipulates that if an employee is in any of the following circumstances, the company may terminate the labor contract at any time"(2) there are behaviors such as stealing money, gambling, taking drugs, or fighting; (3) there is serious dereliction of duty, engaging in malpractice for personal gain, and causing significant damage to the interests of the company; (4) there is serious violation of labor discipline and company rules and regulations, and the company meets the conditions for termination of the labor contract."

companychapter 2 of the employee handbook: personnel reward and punishment systemarticle 2, section 3, item 8 stipulates that those who gather to cause trouble, fight, or affect the company's reputation will be expelled; item 11 stipulates that those who are alcoholic or morally corrupt will be dismissed.mr. shen signed to confirm.

since february 2023, shen has repeatedlyusing working hours to ask a male subordinate, xie, out for dinner, date, check into a hotel, and engage in other non-work related activitiesas a manager, shen also took advantage of the convenience of attendance management.privately helped xie to change the clock-in record. and shen's attendance record shows thatfrequent lateness and absence. shen alsousing his power to help xie increase his salary, increased from 10,000 yuan per month to 15,000 yuan.

on may 30, 2023, xie's wife went to the company to complain that shen violated public order and good customs and had an improper friendship with xie.a fierce fight broke out between him and shenlater, the public security organ issued an "administrative penalty decision", stating that xie's wife deliberately pulled shen, causing him to fall and hit the wall.the administrative penalty of a fine of rmb 300 was imposed on xie's wife。

on june 8, 2023, the company served shen with a "notice" to terminate the labor relationship. the notice stated that on may 30, 2023, shen had a fierce fight with xie's wife in the company.it seriously disrupted the company's production and operation order, and also seriously violated the relevant provisions of the "labor contract" and public order and good customs.。

shen believes that——

■there was no improper relationship between him and xie.xie had lived nearby in order to bring his wife to live nearby. out of kindness, he took xie to the apartment and the surrounding area for observation. there are four types of interpersonal distance, as can be seen in the video.he and xie have always maintained a "personal distance" of half a meter to more than one meter., there was no physical contact between the two parties, which shows that there was no intimate relationship between them.

■there is no abuse of power to harm the company's interests.xie, as an employee, applied for a salary increase. as the assistant to the general manager, i have the obligation to submit the employee's salary increase application to the general manager, andthe company's personnel transfer and salary system are discussed and decided by shareholders mr. zhang and mr. chen and then signed and confirmed., it is not something that can be decided unilaterally by oneself.

■there are no issues such as absenteeism, lateness, etc. that violate company rules and regulations.first of all, the company never showed the employee handbook and company rules and regulations, but only requiredfill out the blank sheet of paper when joining the company instead of signing directly in the employee handbooksecondly, the company never said that i was absent from work, late or absent before i left.never received a verbal warning or written penalty notice。

■there is no situation that disrupts the production and operation order.the above-mentioned fight occurred because the company's security guards failed to fulfill their duty of inspection. i am just a victim and i am alsothere are no other behaviors that disrupt the company's business order, did not cause any shutdown or loss to operations.nor does it constitute a serious damage to the company's reputation。

in summary, the company’s termination was illegal.

in july 2023, shen applied for arbitration, demanding that the company pay 461,399.94 yuan in compensation for illegally terminating the labor relationship.the arbitration dismissed the application.

shen was dissatisfied and filed a lawsuit.

the court’s decision:

shen's improper behavior violates public order and good morals.

it also violated the company's rules and regulations

onereview

after review, the court held that although shen did not confirm the various evidence submitted by the company, he failed to provide evidence to overturn it.according to the statement provided by xie, he confirmed that he and shen had an improper relationship., combined with various evidences, the company's claims have high credibility.according to the principle of high probability of civil evidence, this court accepts the company's claim.。

article 8 of the general principles of the civil law of the people's republic of china stipulates that "civil subjects shall not violate the law or public order and good morals when engaging in civil activities." the principle of public order and good morals includes public order and good customs, and is mainly applicable to the field of civil legal acts, but is also generally applicable to various civil relations, including labor relations.the behavior of any individual should comply with the principles of public order and good morals.

shen's inappropriate behavior violates social ethics and public order and good customs, and also violates the company's "employment contract" and "employee handbook" related provisions., which is bound to have a certain adverse impact on the company's working atmosphere and work development. the company terminated the labor contract relationship between the two parties on this basis, which is in line with the law.

now shen claims that the company illegally terminated the labor relationship, but this court does not accept it. shen sued the company to pay 461,399.94 yuan in compensation for illegally terminating the labor relationship, but the basis is insufficient.this court does not support。

shen was dissatisfied and applied for an appeal.

tworeview

the court held that the focus of the dispute in this case wasshould the company pay compensation to shen for illegally terminating the labor contract?。

first, although the dispute and physical conflict occurred at about 5:40 p.m., combined with shen and xie's previous clock-in records, the employees would have delayed leaving get off work or worked overtime.the occurrence of this incident did disrupt the company's business order and the normal work of other employees.。

secondly, the recording of the phone call between xie and shen shows thatshen sought benefits for xie at work, and shen, as the assistant to the general manager, has a certain influence in the company.their actions have damaged the company's legitimate interests.although shen did not recognize the evidence, he did not provide any evidence to refute it.

finally, according to shen’s handwritten statement, he has read and fully understood and agreed to accept the company’s rules and regulations, so the “employee handbook” should be followed by shen. at the same time, the “employment contract” stipulates the circumstances under which the company can terminate the labor contract at any time.

thereforethe company's termination of the labor relationship with shen was not illegal.the compensation requested by shen does not comply with the provisions of article 48 of the labor contract law of the people's republic of china. the first-instance judgment dismissing shen's lawsuit was correct and this court upholds it.

in summary,the appeal was dismissed and the original judgment was upheld。