According to company regulations, smoking is not allowed in the factory. Should I report my colleague's violation?
First of all, the company should stipulate the behavior of smoking in the rules and regulations, and clearly stipulate whether the consequences of smoking are serious violations of discipline. If the company's rules and regulations only stipulate that smoking is not allowed in the workplace, but there are no corresponding punishment measures, then it is definitely illegal to dismiss employees because of smoking. If the company stipulates that the consequence of smoking is a fine, not dismissal, and fails to inform that smoking is a serious violation of discipline, it cannot be because employees smoke.
2. Whether the company's rules and regulations are legal and effective. The important premise for the company to terminate the labor contract according to Article 39 of the Labor Contract Law is that the rules and regulations are legal and effective, which is embodied in two aspects.
(1) The contents of rules and regulations must comply with the provisions of laws and regulations;
(2) Rules and regulations must be formulated through democratic procedures and publicized or informed to workers.
To judge whether the rules and regulations are legal and effective, we need to analyze the specific situation. Among them, whether the workplace is a common place or a flammable and explosive place is a very important consideration. For example, Company A works in an office building in the downtown area, and its employees are all programmers. There is a special smoking area in the building. Company A does not allow employees to smoke in the workplace, which is a serious violation of the company's rules and regulations. One day, programmer Xiaoming worked overtime in the office, smoking a cigarette. When the company found out, he was fired. This is absolutely unreasonable. The company's move is to terminate the labor contract illegally and pay compensation to Xiaoming.
Company B is a production and processing enterprise, producing inflammable and explosive dangerous goods. Smoking in the workplace is easy to cause an explosion, which is a very dangerous behavior. Therefore, Company B clearly stipulates the places where smoking is prohibited in the company's rules and regulations, and smoking in the no-smoking area is a serious violation of discipline. The company has the right to terminate the labor contract with it, and the rules and regulations have gone through democratic procedures, and all employees know this provision. Then the rules and regulations are legal and effective.
Case 1: Company C, a large enterprise that produces and processes grain and oil products, is a flammable and explosive factory. Its reward and punishment system prohibits employees from smoking in the no-smoking area and lists smoking in the no-smoking area as a serious violation. The reward and punishment system has gone through democratic procedures. Because the staff locker room has a special oil mill separated by a wall and the space is narrow, the company also listed the staff locker room as a no-smoking area and posted a no-smoking notice. One day, an employee ignored the company's production safety and smoked in the locker room. He was fired after being discovered by the company. The employee sued the company for illegal termination of the labor contract for compensation of 6.5438+0.8 million yuan, but the first and second trials were not supported by the court.
Third, it is also important to have evidence. If there are clear date monitoring, on-site photos, certificates, company rules and regulations through democratic procedures and publicity evidence, etc.
For example, Company D is a manufacturer of hardware and plastic products. Smoking is strictly prohibited in the polishing workshop of our company. Due to the special working characteristics of the polishing workshop, a large amount of metal dust will be produced in the workshop. When the dust concentration reaches a certain density, if it encounters static electricity or open flame, dust explosion will occur. Therefore, the company stipulates in the "reward and punishment management system" that smoking in the polishing workshop is a serious violation of discipline, and once found, the company can dismiss employees. Later, the company dismissed an employee, saying that the employee ignored the ban and smoked in the polishing workshop many times, ignoring the safety of others and the interests of the factory. Employees think that the company is illegal and sue to the court for compensation. Finally, the court ordered the company to compensate 1 10000 yuan, and both the first and second trial companies lost the case. Why did the court make such a judgment?
Because the company can't prove that employees smoke in the grinding workshop. The employee has worked for 10 years, and the video provided by the company is vague, the shooting time and place are unknown, so it is impossible to testify, and the photos provided cannot prove that he is in the workplace. Moreover, the company can't produce any evidence to prove that the company's "reward and punishment management system" has gone through democratic procedures, and employees know it. The company also invites witnesses to testify, but the witnesses have an interest in the company. The court of first instance found that the witness had intentionally exchanged illegal testimony before the trial, so the court refused to accept the testimony of the witness. Other evidence can't prove that employees violate discipline. In the end, the company lost the case.
On the other hand, Company C, which won the case, presented a complete chain of evidence in court, including "what happened" written by the employees involved, clear photos on the spot, sanitary execution form of canteen locker room, canteen employee shift schedule, witness testimony, notice, employee reward and punishment system and smoking management regulations, which proved that the employee reward and punishment system was "employee sign-in form" and "through democratic procedures".
In combination with the above situation, it is illegal for the company to dismiss employees who smoke in the workplace in violation of the company system. It is also necessary to comprehensively consider the specific employment situation and rules and regulations. For employees to smoke, the company should be clear in the rules and regulations according to the legal provisions and the objective situation of the company, and it needs to be fair and reasonable. Employees should also abide by the relevant rules and regulations, and don't lose big because of small things.