When a male employee of Dangwang was transgender and fired for absenteeism? What s going on?

Dangdang has become a frequent visitor to popular searches in recent years. Previously, Li Guoqing reprimanded Yu Yu, and after that, Li Guoqing led several people to forcibly grab the official seal, which became a topic of concern on the whole network. This kind of behavior, in the eyes of others, seems like a farce, and undoubtedly enriches the boring daily life of the majority of melon eaters.

Recently, Dangdang has once again been in the spotlight of the network.

Recently, it was reported that the case of dismissal of an employee who was dismissed after being transgendered has been sentenced in the second instance, and the first-instance verdict remains unchanged, and the employee was sentenced to have the right to use the toilet as a woman. The year before last, Gao Moumou, who was in charge of the technical director of Dangdang, was treated at the Shanghai Mental Health Center and was diagnosed with transsexuality, which required gender replacement and corresponding surgery. Subsequently, Gao Moumou was fired for absenteeism.

The court of first instance ruled that the company had illegally terminated the employment contract and should continue to perform the employment contract. The court of second instance also ruled that the parties should continue to perform the employment contract. <>

According to the verdict, employee Gao Moumou joined Dangdang in 2015 and was responsible for the product director of the technical department. In 2018, he was diagnosed with transsexuality by the Shanghai Mental Health Center, requiring gender swapping and surgery. Therefore, a few months later, he asked for sick leave from the leader Li and had surgery.

After the operation, he was advised to take a two-month sabbatical. In July of the same year, Gao Moumou asked his supervisor for instructions to work from home for a month, and the supervisor agreed, and suggested that he could take another month of sick leave.

In September of the same year, Dangdang terminated the labor contract with Gao Moumou on the grounds of "absenteeism". In November of the same year, Gao Moumou filed for arbitration, and the committee ruled that the two parties should continue to perform the labor contract.

The Beijing Dongcheng District People's Court stated that the above-mentioned decision of Dangdang was flawed both in substance and procedure, and that the dissolution was in violation of the law, which was an illegal termination of the labor contract. The Beijing No. 2 Intermediate People's Court also statedIn this case, in a letter from Dangdang Company to Gao Moumou, Gao Moumou also mentioned "mental problems, causing fear and anxiety to other employees, causing ethical embarrassment, and toilet problems with other colleagues", etc., and Gao Moumou claimed employment discrimination against Dangdang Company.

A male employee of Dangdang.com needed sex reassignment surgery, and the recovery period required two months after the operation, and the man asked for leave through WeChat without the approval of his superiors, so he was fired on the grounds of absenteeism after returning from leave.

As a product manager in the technical department of Dangdang.com, Gao Moumou suffers from transsexualism, a mental illness of gender identity disorder, and he applied for sick leave to undergo sex reassignment surgery for himself, but because the company did not approve of it, he wanted to dismiss him on the grounds of absenteeism, which was opposed by the court.

This incident was that a male employee of Dangdang.com took a leave of absence for 2 months after undergoing sex reassignment surgery, during which the supervisor agreed to take a vacation, but the employee relations administrator always "disagreed" to let him take a vacation, and later Dangdang.com terminated the labor relationship with him on the grounds of "absenteeism", so he applied for arbitration, and the arbitration result was to let the company perform the contract and let him go to work.

Dangdang.com oneThe male employee Gao Moumou underwent sex reassignment surgery and asked for leave to recuperate for 2 monthsDuring this period, the supervisor agreed to take a vacation, but the employee relations administrator kept "disagreeing" to Gao's vacation. Since then,Dangdang terminated the labor relationship with him on the grounds of "absenteeism".

In January this year, the China Judgment Document Network published a civil judgment of the second instance of a labor dispute involving Dangdang.com, the cause of which was that a male employee of Dangdang.com, Gao Moumou, underwent sex reassignment surgery and then took a leave of absence for 2 months, during which the supervisor agreed to take a vacation, but the employee relations administrator has always "disagreed" to Gao Moumou's vacation. Subsequently, Dangdang terminated the employment relationship with the employee on the grounds of "absenteeism", and then the employee applied for arbitration, and the committee ruled that the two parties should continue to perform the labor contract.

The court of first instance ruled that the company had illegally terminated the labor contract and should continue to perform the labor contract with Gao, and the second-instance judgment (final judgment) made that both parties should continue to perform the labor contract.

At the same time, the court said that Gao Moumou had the right to use the toilet as a woman, and other colleagues should also accept Gao's new gender and work with him with an inclusive attitude.

Absenteeism in factories or other enterprises is a very disregard for the company's system, it is normal to dismiss him, an enterprise or the company's corporate culture and system are not valued, then you can not be recognized, then you are not qualified for the job.

Gao was discharged from the hospital, and the discharge record read, "Discharge Doctor's Order: It is recommended to rest for a month". On the same day, the Affiliated Hospital of the Second Military Medical University issued a certificate of illness, recommending a month of rest after the operation.

The company mailed a notice of termination of the labor contract to Gao, because he was "continuously absent from work from now on, and the company previously notified you to return to work in the company, but you did not return to work on time", and terminated his labor contract. The mailing address is Changping District, Beijing. Gao said that the above address has been discontinued since mid-2017, and the courier could not contact him by calling **.

He asked the courier to change the address and redeliver it before receiving the cancellation notice.

Therefore, only by tolerating diverse lifestyles can we have a richer cultural concept and lay a tolerant cultural foundation for a society governed by the rule of law. This may be the logic that some scholars have pointed out, that "social tolerance is a blessing for the rule of law". We respect the human dignity and legal rights of transgender people because we value the dignity and rights of citizens, not because we advocate and promote transgender people.

Dangdang.com felt that the employee had been on leave for too long, could not keep up with the existing progress in his work, and had found someone to take over the previous work, so he thought that he was no longer suitable for the position.

Of course, that's how Dangdang wants to fire male employees. Their reasons are also very terrible, so this Dangdang.com is also like this.

Yes, Dangdang fired a transgender male employee, claiming that it was because of his absenteeism, but in fact it was not like this, but because he was transgender.

The main reason is that the male employee's work performance is not outstanding enough, and the others are secondary reasons.

I don't think it's appropriate to be fired because of this.

Some time ago, according to ** report, Gao, a transgender employee of Dangdang.com, was fired by the company in September 2018 for "absenteeism". Gao Moumou initiated arbitration in this regard, and the committee ruled that the two parties should continue to perform the labor contract from that month. The judgment in this case was pronounced at the beginning of this year, and the court finally ruled that the two parties should continue to perform the labor contract and upheld the judgment of the first instance.

It is reported that Dangdang also provided screenshots of employees' emails and said that many colleagues were worried about co-working with them, while Gao Moumou also provided a company letter sent by Dangdang in July last year, which mentioned "moral embarrassment" and "toilet problems". He felt that the real reason for the company's termination of the employment contract was actually employment discrimination. In response to this, the court ruled that Gao Moumou had the right to go to the toilet as a woman, and there was no absenteeism.

The court cited the Ministry of Public Security's "Reply to Issues Concerning the Change of Gender of Household Registration after Surgical Reassignment of Citizens" to stat that the relevant public security organs had changed Gao's gender from male to female, and that he had the right to go to the toilet as a woman. Other colleagues should accept Gao's new gender and work together in an inclusive manner.

Gao Moumou was not absent from work, and the reason for the termination of the labor contract between Dangdang Company and Gao Moumou was not sufficient. The court of first instance found that the termination of the labor contract between Dangdang Company and Gao did not comply with the provisions of the law, and there was no impropriety on the part of Gao.

The court also noted that under the relevant statutes, workers have the right to equal employment and choice of occupation; Workers are not discriminated against on the basis of different nationalities, races, genders, religious beliefs, etc. When the employer hires personnel and professional intermediaries to engage in professional intermediary activitiesEqual employment opportunities and relatively fair employment conditions shall be provided to workers, and workers shall not be discriminated against.

Although the above-mentioned legal provisions do not explicitly state that workers shall not be discriminated against on the basis of sex changeBut this should be one of the implications of workers' equal employment rights without discrimination after undergoing sex reassignment surgery and being recognized by the public security authorities.

I don't think it's appropriate to be fired for sex reassignment, he is still him after sex reassignment surgery, so according to the labor law, it is not allowed to fire a person casually, unless he has made a major mistake.

It's really inappropriate to expel people for transsexuality, because people are also normal people. It can work, it does not affect the work, why should it be fired, it is obviously not appropriate.

When a male employee of the Internet is transgender and is fired for absenteeism, I think it is inappropriate for the transgender to be fired, transgender is an individual's right, and the employee cannot be fired for this reason!

It is not appropriate for an employee to be fired for being transgendered, employees have the right to choose their own lives, as a company, you should do things rationally, and employees do not let you lose anything, if you go to court, the company will definitely lose.

If the transgender is fired, it is actually inappropriate because it does not affect the company's situation.

It is wrong for the company to fire such an employee, and the employee can pay for the company. can be successful. Found a special reason, it really doesn't fit.

Of course, this practice of Dangdang is not advisable, gender change is the freedom of employees, he did not affect his work, Dangdang naturally cannot fire him, which also reflects the prejudice of Dangdang.

When a male employee is transgender, it is not advisable for the company to fire the other party on the grounds of absenteeism, because the employee is a transgender employee who takes leave to do it, so there is no such thing as absenteeism!

It is undesirable, unjustified and unfounded, and the crime of wanting to add to it should be considered on a case-by-case basis, and gender selection is an individual act and should not be treated unfairly.

Stranger level.

On the Internet, when you meet a transgender person who is not interested, when you don't see it, don't pay attention to anything, and then swipe down when you see Weibo, usually the algorithm will know that you are not interested, and it will not often recommend it to you; If interested, give a thumbs up, and that's it, no additional interaction is required, unless you want to upgrade to the level of a friend.

Ordinary friends and acquaintances.

Best friends, lovers and family.

Yes, transgender people are still discriminated against by society, if this male employee is not transgender, it is estimated that he can still continue to work, but as soon as he is transgender, everyone will pass in their hearts, and he will also be unemployed, this is the reality.

Now this society should be more open-minded, should be more accepting of other people's way of life, such as transgender people, should be given corresponding respect, as a company should pay more attention to the ability and morality of employees, rather than this worldly vision.

Transgender people are not easily accepted by the public, and the first reaction of all of us to transgender people is that the other party has a psychological problem.

There is a news on the Internet that arouses everyone's strong **, Dangdang.com fired a transgender employee, and the reason given was that the employee was absent from work. After that, the employee filed a complaint against Dangdang.com, and finally the court ruled that Dangdang.com should continue to perform the employee's labor contract, and the company and other employees should not discriminate against the employee and treat the employee leniently. As soon as this news came out, everyone wondered whether Dangdang was suspected of discriminating against transgender people.

Although he said that the dismissal of the employee was due to absenteeism, but when the employee sued Dangdang in court, the court rejected the reason for Dangdang's dismissal and asked him to resume his work, which means that the employee's absenteeism is not established, and the reason for the dismissal should be other, and the employee is innocent, not absenteeism as Dangdang said.

Let's talk about transgender people again, I think that people who change their minds have a gender perception disorder in themselves, and although they are male (female), they psychologically feel that they are female (male). It is not easy for them to live in this world, if I am a person with gender recognition disorder, I don't have enough money, I may not have the opportunity to have sex reassignment surgery like other people, and I may live with low self-esteem for the rest of my life. And if I can have sex reassignment surgery, I might be able to regain the courage to live my life again.

And it's brave enough for transgender people to have the courage to have surgery and live the life they want to live, if we don't understand them and discriminate against them, what courage do they have to live in this world? If the world discriminates against them, they will feel that they cannot live in this world, they will commit suicide, we will become a snowflake in an avalanche, and we are all responsible. And none of us has the right to talk about others, "take care of ourselves" is something that everyone will always have to learn.

There is this suspicion, transgender people are also human beings, and Dangdang.com should not fire this male employee.

There is indeed a suspicion of discrimination against transgender people, because the gender change of employees does not actually have a great impact on the company.

I feel that there is a suspicion of discrimination. In society, many people are very disgusted with transgender people and do not understand this group.

In several paragraphs of the letter sent by Dangdang to Gao Moumou in July 2019, it can be seen that Dangdang has discriminated against transgender people.