Judicial case "case interpretation": hotel employees were dismissed for stealing kitchen food.

Judicial case "case interpretation": hotel employees were dismissed for stealing kitchen food.

Eating food in the hotel kitchen privately made Wang, a maintenance worker in the engineering department of a five-star hotel, lose his job. However, hotels also need to pay the price for their arbitrary resignation.

On July 24, 2006, Wang applied to work in the engineering department of a five-star hotel in Qiaokou District, Wuhan City, Hubei Province. In July, 20 12, Wang renewed the labor contract with the hotel, and the agreed contract period was from July 24th, 20 12 to July 23rd, 20 14. On March 20 13, Wang went to the restaurant of the hotel to eat vegetables in the kitchen privately during working hours, and was found by the hotel supervisor.

Chapter 7 of the Staff Manual of this five-star hotel stipulates that "stealing food or drinks from the hotel or guests" is a serious fault, and the first offender will be given a written warning and the labor contract will be dissolved again without any compensation.

On March 26th, 20 13, the hotel issued a warning letter to Wang, who signed it for confirmation.

On March 27th of the same year, the hotel issued a notice to Wang to terminate the labor contract in the name of "serious violation of hotel rules and regulations". On March 28th, Wang left the hotel after completing the handover procedures.

After leaving his job, Wang thought that it was illegal for the hotel to terminate the labor relationship and should pay economic compensation, so he applied to the labor arbitration agency for arbitration. The labor arbitration institution ruled that the hotel dismissed Wang illegally and had to pay economic compensation. However, the hotel refused to accept the arbitration award and filed a lawsuit with the Qiaokou District People's Court in Wuhan.

According to the hotel, according to the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, if a worker seriously violates the rules and regulations of the employer, the employer may unilaterally terminate the labor contract without paying economic compensation. In this case, Wang not only stole hotel food and drinks, but also threatened colleagues after the unit was discovered by colleagues. His behavior has seriously violated the provisions of the employee handbook. Accordingly, the hotel believes that there is nothing illegal in dissolving the labor contract with Wang according to the rules and regulations of the unit, and it is a legitimate exercise of the rights entrusted to the employer by the labor contract law without paying any economic compensation.

After hearing the case, Qiaokou Court held that the evidence presented by the hotel could not prove that Wang's behavior posed a threat, intimidation or harm to hotel colleagues. Moreover, after the hotel issued a written warning to Wang, it terminated the labor contract with him, which did not comply with the relevant provisions of the Employee Manual.

Accordingly, according to the provisions of Article 87 of the Labor Contract Law, if the Qiaokou Court decides that the hotel terminates the labor contract illegally, it shall pay compensation to the defendant at twice the economic compensation standard. In addition, Qiaokou Court also found that the hotel failed to pay the pension insurance premium and unemployment insurance premium for Wang from July 2006 to August 2008 according to law.

After synthesizing the case, the court ordered the hotel to compensate Wang 3 1 1,000 yuan and the pension loss of 4,550 yuan at one time, totaling 35,000 yuan.

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