Fired for Serious Misconduct? – Law In A Minute

Fired for Serious Misconduct?

You watch videos during work
arrive late and leave early
According to Article 5 of the company’s rules
this counts as serious misconduct
Now get the hell out of my office
Since you’re citing the company’s rules
I have three questions to ask
What do you want to say
You claim this is part of the company’s rules
So, first
was this policy discussed and approved
by the company labour union
Article 4 of the Labor Contract Law
requires records of a democratic process
Show them to me now
Yes, of course
there are records
I just don’t have them with me today
Alright, my second question
You said the rules allow for
“immediate dismissal,”
but Article 77 of the Labor Law
grants employees the right to appeal
So, there’s no such thing as
immediate dismissal without due process
Do you even know the law
You’re constantly late
and even after repeated warnings
you haven’t changed
You are a terrible employee
Didn’t you learn to be punctual in school
Didn’t your headmaster cane you for being late
Last month
I was only 5 minutes late
due to the lift breaking down
and you’re calling that “serious misconduct”
The Supreme Court Judicial Interpretation Article 50
clearly states that punishments
must match the severity of the offense
OK fine
The truth is that the company is losing money
and we don’t need that many teachers anymore
I am fine with taking severance pay of
N+1 and leaving
I don’t want to be on a sinking ship anyways
I’ll go and put that in writing
Sure
I’ll have my lawyer Edgar check it for me before I sign it
severance
pay
Serious
Misconduct