Traditional Culture Encyclopedia - Hotel accommodation - The hotel staff refused to hand in the guest's mobile phone. Is there compensation for dismissal?

The hotel staff refused to hand in the guest's mobile phone. Is there compensation for dismissal?

No need. According to the provisions of the Labor Contract Law, if a laborer seriously violates the rules and regulations of the employing unit, the employing unit may terminate the labor contract without paying economic compensation to the laborer. It should be the rule of the hotel industry that the hotel should hand in the items picked up by the guests. The employee's refusal to hand it in should be a serious violation of the rules and regulations of the employer. The hotel has the right to terminate the labor contract without paying economic compensation. However, the employer must have evidence to prove that the employee has found the guest's mobile phone, otherwise there is no basis for dismissal.

Article 39 of the Labor Contract Law: In any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

Article 46 of the Labor Contract Law: In any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.