What happened when a male employee of a hotel in Wuhan was fired for stealing yogurt?

The employee stole a cup of yogurt and was dismissed by the hotel without financial compensation. After comparing the hotel's employee handbook, employees found that although they violated the rules, they would not be dismissed, so they defended their rights according to law. On March 23, the court ruled that the hotel had to pay employees a loss of more than 36,000 yuan.

Specific circumstances:

Chen Mou, 45, is a maintenance worker in a hotel in Wuhan. He has worked in this unit for 8 years. 2016165438+at 0: 00 on February 5, he felt a little hungry after working hard for a long time, so he slipped into the kitchen and got a cup of yogurt to drink. This scene was seen by the passing supervisor and immediately reprimanded. On February 6th, 65438, the hotel issued a written warning notice to Chen Mou. The next day, the labor contract was terminated with him on the grounds of serious violation of hotel rules and regulations.

At home, the more Chen Mou thought about it, the more wrong he was: "Although I broke the rules, I won't be fired, will I?" He opened the employee handbook issued by the hotel before, and after checking the terms, he thought it was illegal for the hotel to dismiss him.

On June 20 17, Chen Mou applied for labor arbitration, ruling that it was illegal for the hotel to dismiss him and he needed to pay economic compensation. At the beginning of February, the hotel refused to accept the arbitration award and sued the court, requesting the court to order it to dismiss Chen Mou according to law without paying compensation.

In court, the hotel agent claimed that Chen Mou had stolen hotel food and drinks more than once, and even threatened after being discovered by colleagues, which had seriously violated the provisions of the employee handbook. According to the company's rules and regulations, the hotel terminated the labor contract with Chen Mou without any illegal acts and without paying any economic compensation.

On March 23, the presiding judge introduced that the Employee Handbook is the authority of enterprise's self-management. As long as it does not violate the prohibitive provisions of the law, employees can be restrained through democratic procedures. However, enterprises should also abide by certain procedures and norms when punishing employees, and strictly abide by the provisions of the Employee Handbook in management.