"The stewardess was fired for taking underwear photos" surfaced again. If she refuses to accept the verdict and applies for a retrial, will the result be reversed?

It is inevitable that flight attendant Guo will apply for retrial. What was originally thought to be well-founded, why was it found in the arbitration and the first instance that China Southern Airlines excessively exercised its internal management power and illegally terminated the labor contract, while in the second instance, Guangzhou Intermediate People's Court was able to kill it with a stick? Anyone who has changed it will apply for a retrial. The judgment of the second instance mainly discusses that Guo's selfie behavior seriously violates the company management system from three dimensions: aviation safety, company reputation and the particularity of airline internal management, and it is legal and reasonable for China Southern Airlines to unilaterally terminate the labor contract.

Does this photo and essay have the nature of seriously damaging the company's image, as China Southern Airlines claims? The family has its own rules and state-owned laws. In the legal relationship of labor contract, the employer has the right to exercise internal management power according to laws and regulations.

Flight attendants belong to a special industry, and the quality and image of employees are related to the reputation and aviation safety of airlines. It is legal and reasonable for airlines to interfere with the work of flight attendants and even their daily work. However, it needs to be clear that airlines should clearly write the code of conduct of flight attendants, especially the prohibited behaviors, into labor contracts or employee manuals, so that flight attendants can have laws to follow.

It can be seen that the applicable scene of this regulation is to "maliciously" publish pictures that are detrimental to the company's image and illegally publish information that violates morality. Said Guo selfie was "malicious". I'm afraid people won't recognize it. If you say it, it may damage the image of the company. However, judging from Guo 15' s work experience and honor, Guo had no "malicious" subjective motivation and quickly deleted the information.

It can be seen that the damage to the company's image actually has several levels. To terminate the labor contract, the typical damage to the company's image is fighting. It is obviously too harsh to equate the nature of Guo's selfie with fighting. If it can be so determined, many other low-level behaviors may be determined to meet the conditions for dissolving the labor contract.

It is possible if Guo uses his working hours to do private work. Whether he is profitable or not, he is trying to promote his friends in the WeChat business, and he has the identity of a flight attendant of China Southern Airlines. This is really inappropriate. However, because only 100 people can see this circle of friends, and there is no evidence afterwards that the selfie overflows, further causing the reputation loss of China Southern Airlines, there is no room for this clause. Therefore, it does make sense to say that Guo's behavior violated the internal management system, but I'm afraid there is no laws, regulations, internal management system and corresponding evidence to say that China Southern Airlines has the right to unilaterally terminate the labor contract.