Workflow
劳动纠纷
icon
Search documents
员工脚痛请病假,当日微信运动步数超1.6万步,公司:属旷工,开除!法院判决:公司赔偿11.8万元
Mei Ri Jing Ji Xin Wen· 2025-10-27 16:20
每经编辑|陈柯名 员工因腰痛、脚痛多次请病假 公司却发现其脚痛当天 微信运动步数超1.6万 怀疑其"泡病假" 以旷工为由将他开除 双方因此闹上法庭 案件回顾 小陈是江苏某公司的卷簧工。 2019年2月22日(周五),他在上班时不慎扭伤腰部。当天工作结束后,他立刻前往医院进行诊治。 2月25日(周一)上午,他向公司人事经理申请休假养伤,告知对方自己上周五在工作时受伤的情况,同时将两家医院出具的病假证明拍照发送,人事部 随即予以批准。 3月4日至5日,小陈连续两天正常工作。 3月6日,小陈的腰部不适再次出现,就医诊断结果为 "腰扭伤",医生建议继续休息,他随即向人事部再次提交了病假申请。 3月18日,小陈返岗,中午又称脚痛向生产经理请病假,后至医院就诊,并将拟诊"右足疼痛"并建议休息一周的诊断证明书拍照发给生产经理。 3月19日,人事经理通知小陈,让他3月20日把相关的病假单、病历、检查报告等原件资料带回公司办理请假手续。小陈回复称病历原件要留着供后续就医 使用,人事经理随即表示,假条需要原件,其他资料拿到公司复印即可。 3月20日,小陈按照约定前往公司厂区,但在门口被保安阻拦。 3月25日,小陈再次前往医院就医 ...
胖东来12年老员工被辞退,因“未按照规定首先接待顾客”;法院判决:其行为违反制度,驳回赔偿请求
Qi Lu Wan Bao· 2025-10-16 02:44
判决书显示,刘霞自2009年3月起入职胖东来关联公司,至被解雇时已工作超过12年。法院最终判决:确认双方劳动关系于2021年8月29日解除,公司需为 其出具解除劳动合同的证明;驳回刘霞的其他诉讼请求。该判决为终审判决。 当晚,该条新闻登上微博热搜,有网友认为开除有点过了,也有人表示支持:"可以开除,按照法律法规赔偿离职工资就可以"。 根据《胖东来服务管理办法》,公司对售前、售中、售后服务均有明确标准。售前服务:员工需着装整洁、佩戴工牌,主动热情迎接顾客,熟悉商品知 识,提供专业建议。售中服务:交易过程需快速准确,提供多种支付方式,根据商品特点进行包装。售后服务:严格遵守退换货政策,建立维修记录和跟 踪机制,设立专门投诉渠道。 据其官网介绍,许昌市胖东来商贸集团有限公司是一家综合型零售企业,创建于1995 年 3 月,经营业态涵盖超市、百货、电器、服饰、餐饮、医药、珠 宝、茶叶、电影、电玩、图书、眼镜。截至2025年1月员工人数约 8300人,共安排就业人数约18000人。2024年销售总金额近170亿元,纳税金额6亿多 元,利润8亿多元,员工平均月收入9000元。 法院审理查明,事发时,员工刘霞(化名)正在盒 ...
匹克要求拒绝降薪员工写检讨,否则停发工资?泉州市人社局回应
第一财经· 2025-10-15 10:56
Core Viewpoint - The article discusses the recent salary reduction implemented by the well-known sports brand Peak, which has led to significant employee unrest due to a lack of communication and the severity of the cuts, with reductions reaching up to 50% [3][4][6]. Group 1: Salary Reduction Details - Peak has initiated a company-wide salary reduction without prior formal communication, only mentioning it in a meeting four days before payroll [4]. - Employees have reported receiving a "final notice" demanding a written reflection by October 14, or they would face suspension of their September salaries [6][7]. - The salary cuts primarily affect employees in direct sales, with some experiencing reductions as high as 50%, which is considered excessive given the already low salary levels in the industry [6][7]. Group 2: Employee Reactions and Legal Implications - Many employees have expressed dissatisfaction and have submitted objections to the salary cuts, with some refusing to sign the acknowledgment of the salary suspension notice [6][7]. - The local labor authority has indicated that the salary reduction without employee consent violates labor laws, and if the company enforces salary suspension based on the reflection requirement, it would also be illegal [7][8]. - The labor department has opened a case regarding the complaints from Peak employees and is coordinating with the labor rights protection center to address the situation [7][8]. Group 3: Company Background and Legal Issues - Peak Group, established in August 2004, is fully owned by Fujian Peak Technology Co., Ltd., with a registered capital of approximately 198 million RMB [8]. - The company has a history of legal disputes, including nearly 20 cases related to labor disputes and contract issues, indicating potential ongoing operational challenges [8].
拒绝调岗仍在原岗位上班打卡,店长因旷工被开除
Yang Zi Wan Bao Wang· 2025-10-14 10:55
有一天,他收到公司调整岗位的函,称公司已将其调至无锡市的另一家门店担任店长,调动后基本薪资 不变。 但小张不乐意,认为两家门店的销售量差异很大,公司的调岗行为属于变相降薪,甚至怀疑公司是在逼 迫他离职。向公司表示拒绝调岗后,小张继续在原岗位上班打卡。 一个多月后,小张接到了公司出具的解除劳动合同通知,载明他拒不服从公司安排、不到岗报到,并连 续旷工超过三天,已经严重违反了公司的规章制度,公司告知工会后,决定与小张解除劳动关系。小张 认为,用人单位违法解除劳动关系,遂向仲裁委申请仲裁,后不服仲裁结果诉至法院,要求支付违法解 除的赔偿金。 无锡市锡山法院审理认为,公司的调岗具有合理性,小张要求公司支付扣减的工资无事实和法律依据, 判决驳回小张的全部诉讼请求。 案件承办法官表示,签订劳动合同是劳动用工中非常重要的环节。用人单位与劳动者在签订劳动合同 时,应当对工作性质、工作内容、工作地点,以及工资与绩效等内容做详细约定。在录用劳动者时应当 将劳动合同内容向对方详细阐明,以免出现双方理解存在分歧的情况。 该案中,双方签订的劳动合同中约定的工作地点为无锡市,即双方已经就未来预期可能发生的工作地点 变化达成了一致意见,公 ...
伪造“橡胶指纹”帮同事代打卡,被公司发现后双双辞退!2人均起诉索赔,法院判了
Mei Ri Jing Ji Xin Wen· 2025-09-10 07:58
Core Viewpoint - The incident involving an employee using a rubber fingerprint to clock in for a colleague has led to both individuals being dismissed from their jobs, highlighting the serious consequences of violating company attendance policies [1][12]. Group 1: Incident Overview - Zhang, an employee at a clothing company, was found to have used a rubber fingerprint to have a colleague clock in for him on multiple occasions [1][8]. - The company discovered this practice after receiving a tip-off and subsequently reviewed surveillance footage, confirming the misconduct [8][12]. - Zhang's actions were deemed a violation of the company's attendance policy as outlined in the employee handbook, which was agreed upon by employees during a representative meeting [4][12]. Group 2: Company Policies - The employee handbook, effective from January 1, 2018, includes strict rules regarding attendance, stating that employees must clock in at designated locations and that unauthorized absences or clocking in for others will be treated as absenteeism [4][12]. - The handbook also specifies that violations of attendance policies can lead to immediate termination of employment [4][12]. Group 3: Legal Proceedings - Following the dismissal, Zhang contested the company's decision, claiming that the handbook was not properly established and that he had received verbal permission for his absences [10][12]. - The court ruled in favor of the company, stating that Zhang's actions constituted a serious breach of the established policies, which were legally binding [12][16]. - The court also noted that the company had rectified any procedural issues regarding the notification of the labor union, thus validating the termination process [16][17].
溜溜梅惊现“人咬青梅”!杨帆治下溜溜果园445条投诉背后陷“商标侵权+劳动纠纷”,IPO前资本大撤退
Jin Rong Jie· 2025-07-29 06:18
Core Viewpoint - Liu Liu Guo Yuan Group Co., Ltd. is facing multiple legal disputes, market challenges, and capital scrutiny, with a total of 17 legal cases reported in 2025, including issues related to unfair competition, trademark infringement, labor disputes, and copyright disputes [1][2]. Legal Issues - Liu Liu Guo Yuan has been involved in 17 legal disputes in 2025, with cases scheduled until September, covering various legal grounds across five provinces [1]. - The company is a defendant in several cases, including trademark infringement and unfair competition, with specific cases filed against it in Shanghai and Anhui [2]. Financial Performance - The company has seen its revenue grow from 1.174 billion to 1.616 billion from 2022 to 2024, but its gross margin has decreased from 38.6% to 36% during the same period, indicating a trend of increasing revenue without corresponding profit growth [9]. - The raw material cost ratio has increased from 41.7% to 47.7% from 2022 to 2024, highlighting rising cost pressures [8]. Product Quality Concerns - Liu Liu Guo Yuan has received numerous complaints regarding product quality, with 445 complaints specifically related to its "Liu Liu Mei" brand, focusing on issues like food safety and product spoilage [4][5]. - The company has been criticized for a significant drop in R&D investment by 43.8% to 1.8948 million in 2024, while spending on celebrity endorsements reached 106 million, accounting for 71% of net profit [8]. Market Position and Strategy - The company has heavily relied on marketing and celebrity endorsements rather than product innovation, leading to a cycle of increasing marketing costs and declining product quality [10]. - Liu Liu Guo Yuan's IPO prospects are uncertain due to concentrated ownership and past controversies, including the exit of major investors like Sequoia China [9]. Industry Implications - The case of Liu Liu Guo Yuan serves as a warning to the industry about the risks of over-reliance on marketing at the expense of product quality and consumer trust [10]. - The company must focus on improving raw material quality, increasing R&D investment, and enhancing customer service to regain market trust and ensure sustainable growth [10].
因餐费纠纷案不满,多益网络将裁员千人、总部未来将搬离广州
Xi Niu Cai Jing· 2025-07-03 08:57
Core Viewpoint - The company, Duoyi Network, announced significant operational changes due to court rulings that severely impacted its management rights, leading to the decision to relocate its headquarters and reduce its workforce in Guangzhou by over 1,000 employees [4][5]. Group 1: Company Background - Duoyi Network was established in 2006 and has developed several well-known game products, including "Dream World," "Shenwu" series, "Portal Knights," and "Eternal Magic," holding a notable market share in the turn-based online gaming sector [4]. - The founder, Xu Bo, previously worked at NetEase and played a key role in the popular game "Fantasy Westward Journey" [4]. - As of April 9, 2024, Duoyi Network was valued at 27 billion RMB and ranked 243rd on the "2024 Hurun Global Unicorn List" [5]. Group 2: Recent Developments - The decision to downsize and relocate was triggered by labor disputes with employees, particularly regarding the collection of meal fees, which led to a controversial court ruling [5]. - In early 2025, Duoyi Network attempted to reclaim meal fees from departing employees at a rate of 30 RMB per instance, with some amounts reaching up to 44,000 RMB, which gained significant media attention [5]. - The Huangpu District Court ruled that the company could not enforce meal fee collection as it was deemed a "welfare nature" benefit, which the company strongly contested [5]. Group 3: Implications - The company's large-scale layoffs and headquarters relocation are expected to have profound impacts on its operations and relationships with stakeholders [5]. - The situation highlights the importance of adhering to legal frameworks in resolving disputes between companies and employees, emphasizing the need for lawful dispute resolution to foster industry health [5].