I worked overtime for three days and three nights, and then I took a nap at the company and was fire

The employee may apply for labor arbitration and demand the employer to pay compensation for illegal dismissal.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

The employer shall arrange for the employee to work longer hours, which shall not exceed 3 hours per day and 36 hours per month. According to Article 41 of the Labor Law, if an employer arranges overtime in accordance with Article 42 of the Labor Law, the employer shall negotiate with the labor union and the employee and obtain the consent of the employee if arranging overtime work for the needs of production and operation. In addition, it is generally not more than 1 hour per day, no more than 3 hours in special cases, and no more than 36 hours per month.

If an employer illegally extends the working hours of an employee, the employee may file a complaint with the labor inspectorate, who will give him a warning, order him to make corrections, and may also impose a fine. Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker. Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:

1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently; (2) Production equipment, transportation lines, or public facilities fail, affecting production and the public interest, and must be repaired in a timely manner; (3) Other circumstances provided for by laws and administrative regulations. Article 90 Where an employer violates this law by extending the working hours of a worker, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

No way. "I've found another home.

What is the reason why an employee goes to work and naps after working a night shift and I am fired for a minute? It should be a serious violation of labor discipline.

First go to the leader to explain the situation and be reasonable. If that doesn't work, collect evidence and take up the law to protect your rights. Eat a trench and grow wise, don't work so hard for the company!

This is clearly illegal! As a veteran employee who has worked for 18 years, he should sign an indefinite labor contract. So the company should be fired for dozing off for five minutes during working hours, hehe, this is just nonsense, no matter how your factory rules and factory level are written, but once it violates national laws and regulations, it's fucking bullshit.

However, the Labor Law clearly stipulates that an employee without a fixed-term employment contract can unilaterally terminate an employment contract only if he or she seriously violates discipline and causes serious losses to the company.

It doesn't matter if you work the morning, middle, evening, or what shift, as long as you sleep during working hours, you will be punished! And was expelled, probably not 1 or 2 times!

What's going on? As an employee, of course, you have to practice the ability to do it, the horse does not eat grass, and can run fast, which is the consciousness and self-cultivation that a person in the workplace should have. The employees are all Iron Man.

Read some articles saying that it is because the factory is not profitable, and find excuses to lay off people.

I don't know if it's true or not.

On the road, the employee works the night shift typing, and I am ready to be fired. It's better to be fired than to be out of danger. If something really goes wrong, something happens. No one can be held accountable. So the expulsion is also comparative. Let's have a little left.

In the future, all employees will be able to sleep during work. Don't start a company, go and sleep while making money.

First of all, according to the "Labor Law", it is legal to check whether it is legal to work night shifts, and if it is not legal, it is not legal to be dismissed! Second, from the terms of the labor contract, the punishment provisions for detecting the employee's illegal practice of taking a nap for 5 minutes on the night shift were carried out in accordance with the contract. Clause.

3. If the work engaged in by such employees is a high-risk industry, such as aviation, chemical industry, power generation, etc., napping during working hours should be severely punished, but fatigue work is not allowed in the high-risk industry. Clause.

4. If you are not satisfied with the dismissal penalty, you can apply for labor arbitration until you sue the court, so as to seek a fair ruling and set the record straight!

It may be that I am looking for an excuse to fire you, and in this case, it is generally fined

At most, a minor demerit will be recorded once, and a fine of 20 yuan will be imposed. This is acceptable, and he will be fired after only 5 minutes of slapping, but he will be required to compensate for economic losses. If you don't give it, you will fight a lawsuit, and you will definitely win in the end.

The employer stipulates in the employee handbook that "sleeping during working hours" is a serious violation of discipline and can terminate the labor contract, but such a provision is actually an outright overlord clause, which is not in line with the spirit of the rule of law such as protecting the legitimate interests of employees contained in the Labor Law and the Labor Contract Law. The employee handbook is the internal personnel system management norm of the employer, which can refine or make up for some provisions or omissions in the existing laws and policies of the state, but the formulation of the employee handbook should also follow the laws and regulations of the state, pay attention to equality of rights and responsibilities, and achieve fairness and justice. The inclusion of "sleeping during working hours" as a serious violation of discipline in the employee handbook does not meet this requirement.

The laziness was discovered by the leader.

The consequences of the boss's upset mood.

What's going on? What's going on?

The employer's employee handbook stipulates that "sleeping during working hours" is a serious violation of discipline and the employment contract can be terminated. A veteran employee who has worked for 18 years was terminated from his labor contract for "taking a five-minute nap" during working hours after working a night shift. The court finally ruled that the employer should compensate the employee 10,000 yuan.

Frequent dozing off in summer is bound to cause trouble to work and study, so it is recommended to start with the following three methods:

Replenish your appetite. Supplemental nutrition.

Catch up on sleep appropriately.

Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

If your friend does not ask for leave for one night, if this constitutes (2) or (Yuanfeng 3) above, the employer can fire him, otherwise he cannot terminate the labor contract casually.

Since this kind of thing happened to your friend, Socks Lu doesn't know if you are in the same company as your friend, so hurry up and change jobs.

There is no reason for the spontaneous combustion of the company, and your friend has something to do this time, and it is not illegal to break the law.

This is the principle of the company. If you want to use it, you will use you, and if you don't want to be blocked, Xiheng will directly kick and sell you.

However, if there is something to do, you should take time off, and it is not right not to ask for leave.

So you can do this:

1) You can apply to the labor dispute mediation committee of the unit for mediation. The labor dispute mediation committee is composed of employee representatives, employer representatives and trade union representatives, and if an agreement is reached through mediation, the parties shall perform it.

2) If mediation fails, labor arbitration shall be filed with the labor arbitration commission. The parties can also directly initiate arbitration with the labor arbitration commission, and mediation is not a necessary procedure for labor arbitration. The party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it. If one of the parties fails to perform the award, the other party may file an application for enforcement with the court where the labor arbitration commission is located.

It can be seen that arbitration has stronger judicial protection than mediation.

3) If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. It is necessary to remind everyone that arbitration is a necessary procedure for litigation, and if a party directly files a lawsuit with the court without a ruling by the labor arbitration commission, the people's court will not accept it.

The time limit for filing a lawsuit with the court is 15 days from the date of receipt of the labor arbitration award.

Do not meet the conditions for terminating the employment contract.

You can apply for labor arbitration.

Labor Contract Law.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

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

(6) Those who have been pursued for criminal responsibility in accordance with law.

No, you can go to the relevant department to sue him, which is not allowed in law, at most according to the rules, deduct a small amount of salary, and if the unit wants to use this to fire the employee, you can consult the legal business. Stop the operation of this company and recover its own rights.

If the rules and regulations of an enterprise are seriously violated, the company can terminate the labor contract, and the company that works night shifts is usually required not to sleep, on the one hand, based on safety considerations, on the other hand, labor discipline considerations, the enterprise is not illegal, and the worker can also leave his or her own job.

The employer has relevant rules and regulations to clarify the method of night shift attendance, and inform the employee in advance that it is legal to deal with it according to the regulations.

In accordance with the Labor Contract Law

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

A recent news item has attracted attention about a veteran employee who has worked for 18 years and was terminated from his labor contract for "taking a five-minute nap" during working hours after working a night shift.

On September 16, 1997, Daniel Zhang joined an auto parts company in Wuhan. On June 18, 2015, when the company's management was inspecting the workshop, they found Daniel Zhang sleeping on his stomach on his desk. Six days later, the company made a decision to terminate the labor relationship on the grounds that Daniel Zhang had seriously violated discipline, and Daniel Zhang refused to sign the notice of dismissal.

Although the employer's employee handbook stipulates that "sleeping during working hours" is a serious violation of discipline and can be terminated.

However, Daniel Zhang, as an old employee who has worked for 18 years, was terminated from his labor contract only because he "took a five-minute nap" during working hours after working the night shift.

Daniel Zhang said that he has been conscientious since joining the company, and he took a nap at work because he had worked a night shift a few days ago, and the napping time was only 5 minutes. Daniel Zhang also pointed out that due to the company's poor performance in 2015, it will use various methods and excuses to terminate labor contracts with employees.

Therefore, on July 2 of the same year, Daniel Zhang filed a labor arbitration and claimed 10,000 yuan from the company. The company claimed that Daniel Zhang was terminated from the labor contract for violating the unit system and was not required to pay economic compensation.

After Daniel Zhang's arbitration application was dismissed, Daniel Zhang filed a lawsuit with the Wuhan Economic and Technological Development Zone Court.

The court of first instance held that the employer did not submit the surveillance video of the location of the incident, and Daniel Zhang's statement that he "held his chin and squinted for 5 minutes" could be accepted. Article 39 of the Labor Contract Law stipulates that an employer may unilaterally and unconditionally terminate an employment contract, provided that the employee has committed serious violations, and therefore there are strict restrictions on the unilateral termination of the employment relationship by the employer.

In this case, the employer did not provide evidence to prove that Daniel Zhang's behavior of "sleeping at work" was serious enough, and according to its employee handbook, it did not necessarily terminate the labor relationship in the event of serious disciplinary violations, but "according to its severity, one or more of the following penalties were given".

In addition, the employer implemented a weekly shift system, and on the day of the incident, Daniel Zhang was already engaged in night shift work for the fourth consecutive day, and his occasional rest during work was inevitable due to human physiology, and should not be punished too harshly.

Based on this, the court ruled that the employer had illegally terminated the labor relationship and should pay Daniel Zhang 10,000 yuan in economic compensation. The company then appealed, which was recently rejected by the Wuhan Intermediate People's Court.

It is not right for employees to sleep during working hours, but it is not humane to fire employees just because they "take a nap for five minutes" during working hours, which is not only not conducive to creating a harmonious atmosphere that keeps people, but also is not conducive to the long-term healthy development of the enterprise. For any enterprise, there is nothing wrong with formulating a corresponding management system, but each system should be put in the position of a long-term consideration, not only for the long-term sake of the enterprise, but also to take into account the inner feelings of every employee.