Engineer in China Fired for Being Late 98 Times: Court Rules in Favor of Employee

An engineer in China was inexplicably fired for being late 98 times in one year. (Image / reproduction from pixabay)

Coming to work on time is the most basic professional ethics for employees If you are late many times, your performance may be affected. An engineer in Beijing, China, who worked more than 8 hours a day The company did not clearly specify working hours and did not remind him of how “late” he was fired for being late 98 times in one year.

The Dongcheng District People’s Court in Beijing heard that Wang Nan, who is in his 40s, is a senior engineer He has joined a technology company in May 2021 as the technical director of the team more than 60,000 (RMB, the same item below). During work, I clock in and out normally every day, and the working hours are more than 8 hours. At the end of 2022, the company requested to terminate the contract. ” because he was late 98 times between January. and November 2022, going against company control.

Wang Nan was angry and filed a labor settlement, asking the company to pay compensation, special unemployment leave wages and court overtime pay. The company claims that the “Attendance Management Measures” stipulate that the working hours are between 8:30 a.m. and 5:30 p.m. If you are late more than 60 hours within a year, you will cancel or cancel the year-end bonus. However, the actual working hours of the company are from 9:00 a.m. to 6:00 p.m. There are no duties and knowledge to inform employees about violations, but this does not mean giving up the right to to punish workers, and Wang Nan’s behavior has been greatly opposed. company control.

Wang Nan said the company did not specify working hours clearly. (Image / reproduction from pixabay)

In this regard, Wang Nan argued that he had clocked in every day since he started working. The contract between the two parties specified normal working hours, but there was no specific travel time each month. higher than nine to six hours said the company, and the company also He was never notified that he was late, and his wages or benefits were not taken away for being late . In addition, as the team leader, he found that other employees’ salaries were not deducted or terminated due to delays.

The court held that the company did not provide evidence that Wang Nan was clearly informed of the working hours, and that it had management responsibilities but failed to fulfill its duty to notify Wang Nan when it was later than 9 a.m. many times In addition, Wang It was obvious that Nan’s daily working hours and attendance status were inconsistent different from the uniqueness of implementing the normal working hours system, when the company was negotiating the separation plan between the two parties, they fired Mr. Wang because he was late 98 hours. The factual and legal basis was insufficient and should be illegal. In the end, the company was ordered to pay Wang Nan 166,512 yuan in compensation and 15,179.3 yuan in unpaid special leave wages. However, the company was dissatisfied with the first case decision and appealed, and the second decision was upheld.