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Source: Legal Daily cases
Witnessed the trial
Time: June 13, 2011
Location: Wuxi Xishan District People's Court
Witnesses: reporter Ding Guofeng newspaper correspondent Yu Pei Yun Ting
Trial Focus: slack work or play phone is "looking for inspiration"
Work time to play phone slack times,basket air max pas cher, after being twice punished still go its own way, the unit suffered losses after the lifting of the labor contract, the employee argued that the play phone purely "find inspiration" to the enterprise shall pay seven years of work Overtime grounds enterprises court. June 13, Xishan District, Wuxi City, Jiangsu Province People's Court made the ruling after hearing the same day, Wang dismissed the plaintiff's claims.
As the labor dispute since the plaintiff Wang Hua, had Wuxi an electronic parts company engaged in mold design staff. According to the company,doudoune moncler pas cher,http://www.winedin.com/pork/pair_food_wine.php?food=register.cgi, since 2010 I do not know what the reason Wang appeared a marked decline in working condition,http://www.auto-tsukamoto.com/hpgen/epad/epad.cgi,nike air tn requin, slacking,nike air max pas cher, multiple violations of company rules and regulations. The company's attendance records,chaussure air max pas cher, surveillance video and related documents show: March 9,louboutin pas cher, Wang Hua Matsubara transformation in the design mold 09-WTM-003, it will mold design errors, resulting in a scene processing, test for, such as the loss of about 4,000 to send samples yuan, the company its demerit; October 18,http://newport.eecs.uci.edu, Wang Hua late for work,http://vegalta7.s156.xrea.com/aska/aska.cgi/www.dsafhiue.com,doudoune homme moncler pas cher, and Failing to make a written statement, the company recorded its warning; October 28,http://www.denpark.net/apro-da/index.cgi, to address these issues, the union conducted a conversation with him, Records show that he said quite satisfied, and has twice requested revocation of the previous sanction of the work now. But on November 25,http://www.isofans.com/home.php?mod=spacecp&ac=blog&blogid=, Wang Hua work time to play again because the phone is the company recorded warning. November 29, the company decided to lift his labor contract. Wang believes the company unilaterally terminate the labor contract is illegal, require the company to pay overtime wages and economic damages seven-year period.
Trial,air max pas chers, the original defendant on overtime pay should base how to determine whether the plaintiff's conduct in violation of company rules and regulations exist, the existence of slack behavior in a fierce debate. Wang Hua argue that: in design work,http://www.hi-ho.ne.jp/cgi-bin/user/y-katuhiro/lightbbs.cgi/lightbbs.cgi, design drawings need inspiration when using the phone or leave their job is to go out looking for "inspiration." The defendant argued that,air max pas cher femme, according to the agreement have been calculated on overtime pay and paid overtime wages. Department of reward and punishment system after the union agreed to be the public, but also for staff training. Within a year which provides warnings,http://e-learning.tsu.ge/login/index.php?item/create_form/1, fines, demerit than three times who can advance written notice to terminate the labor contract,air max one pas cher, and since April 2010, Wang received a total of three times,air max pas chere pour homme, and all shall be announced disciplinary, and related records, witness testimony give evidence, for which adhere to the company considers valid dismissed Wang's behavior.
In its judgment the Court held that the formulation of a democratic system of reward and punishment, as long as the content does not violate laws and regulations, and has been publicized to inform workers that can handle both as a basis for a labor dispute, the ruling dismissed the plaintiff. But the most controversial for both sides, "slack still looking for inspiration," one, because the plaintiff engaged in mental work, the only behavior is difficult to determine the existence of slack subjective intent, so the court is not identifiable as "slack."
Hospital labor dispute Vice President Wang Xuan in the courtroom to reporters after the court explained that the case the employer-based day-owned enterprises, provides for a penalty of slack in the rules and regulations of the act, but because Wang is mental Even if there undergo working hours,peuterey italia, playing phone and other acts, but whether there is a deliberate slack is difficult to determine. Labor unions and the relevant administrative departments should also play a role outside the penalty should actively guide and regulate the interests of people and workers use to achieve equitable, rights and interests of both parties are protected.