公司:抱歉用“粗暴”的方式解雇患病员工。
Company: Sorry for 'crude' dismissal of sick worker
595字
2019-12-06 09:17
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火星译客

NetEase, an internet company headquartered in Beijing, released two separate statements on Monday apologizing for its "simple and crude way" of discharging an employee who is suffering from serious heart disease.

网易,一家总部位于北京的互联网公司,周一发表了两个独立声明,为其用“简单粗暴的方式”解雇罹患严重心脏病 的员工而道歉。

"We paid him during his three-month sick leave and gave him compensation on Sept 19. But we apologize for the simple and crude, unsympathetic approaches and behavior in the process of his dismissal. Sorry, we were wrong," the statements said.

该声明表示:“我们在他休病假的三个月给他支付了薪水,并于9.19日给了他补偿金。但是我们为这简单粗暴的处理方式道歉,在解雇他的过程中表现出来的没有同情心的态度和行为。 对不起,我们错了。”

The company claimed in the statements that they first knew the employee was sick in May and dismissed him because of his poor work performance.

该公司在声明中解释他们在五月份先知道了这名员工生病,是因为他的工作表现不佳才解雇他的。

Early on Saturday, a former Net-Ease employee posted a story on a WeChat account, claiming that he was forced to leave the company after he was diagnosed with serious heart disease in late January with the excuse of "poor performance".

周六一早,网易前员工在微信上发布一篇文章,声称他在1月下旬被诊断出患有严重心脏病,并以“工作表现不佳”为理由被强迫离开公司。

The employee, who didn't give any personal information about himself, said in the story that NetEase informed him of being unqualified for the job in late March because of his "poor work performance" in the past half year, which he disputed.

该名员工没有透露任何关于他的个人信息,在这篇文章里说,三月下旬他被网易告知由于他在过去半年的“糟糕的工作表现”被认定没有资格胜任这份工作,对此他提出异议。

He said that his request for economic compensation for being laid off and a performance-based bonus for projects he was involved in was also refused by the company.

他说,他因为被解雇要求的经济赔偿,以及他所参与的项目的绩效奖金也被该公司拒绝。

The former employee also said he experienced surveillance and was menaced in the office when he refused to resign. He was eventually forced to leave the company in September.

这位前员工还说当他拒绝签字时他在办公室受到了监视和威胁。最终他在9月份时被强迫离开了公司。

He said NetEase had promised to pay him compensation before Sept 9. When they did not pay, he applied for labor arbitration on Sept 17 and received compensation totaling 240,000 yuan ($34,000).

他说网易曾答应过他会在9月份之前支付他赔偿金。当他们没有履约时他于9.17号申请了劳动仲裁,并且收到了全数赔偿金¥240000.00 (美金$34000.00).

Li Ya, co-founder of Beijing Zhongya Law Office, said performance is an important measurement of an employee's worth, but it cannot be the direct reason for the termination of a labor contract, according to the labor law.

北京中亚律师事务所的合伙人之一李亚说,工作表现是衡量一个员工价值的重要指标,根据劳动法,这不能作为终止劳动合同的直接原因。

"The company should first have a sound staffing policy to inform the employee that performance assessment is closely related to the job. Also, a company can dismiss an employee if during a reassessment he/she is found to be unqualified for the job after offering them training courses or other positions available in the company."

“公司首先应具备合理的人员配备政策来告知该员工绩效评估与工作密切相关。同样地,在提供了相关培训课程或者该公司其它职位后但是在重新评估期间发现他/她并不能很好的适应这份工作,公司可以解雇这名员工。”

Yao Junchang, co-founder of Beijing Weiheng Law Office, said that if the former employee's complaints are true, then NetEase did violate the labor law.

北京伟恒律师事务所的合伙人姚俊昌说,如果这名前员工申诉的是事实,那网易确实违反了劳动法。

"According to the story, the employee served at the company for nearly five years after he graduated from Shanghai Jiaotong University in 2014," he said. "His five years of working experience won him a three-month medical treatment period when he became ill, according to the law, and the company can't dismiss him during this period without any excuse. However, we don't know if the company offered him the sick leave period."

“根据这篇文章,这名员工自2014年从上海交通大学毕业之后就一直服务于网易,将近5年的时间。”根据法律规定,他这5年的工作经历为他赢得了自生病开始的三个月治疗期,该公司不得以任何理由在他治疗期间解雇他。 然而,我们不知道这家公司是否有给他提供病假。

The reason NetEase is offering for the dismissal may also be a breach of the law, according to Yao.

根据姚俊昌的说法,网易给出的解雇原因也可能是违法的。

"If the company affirms that the employee is not qualified for the job, the company is required to send a written letter informing of the layoff 30 days in advance or pay the employee extra salaries based on how many years he/she served plus one more month," he said.

他说:如果该公司确认这名员工不够资格来胜任该职位,则公司必须在提前30日给他发送书面通知,告知他解雇一事,或者基于他/她的工作年限外加至少一个月的时间来支付该员工额外的薪水,

"The company can't unilaterally terminate the labor contract based on a single assessment of the employee's working performance," he added.

他补充说:“该公司不能仅凭单方面评估员工的工作表现以此单方面终止劳动合同”。

Yao also said that the company should follow legal procedures to cope with the dismissal rather than engage in poor behavior as described in the employee's WeChat story, which may lead to a worse result or even breaches of law.

姚俊昌还说公司应该遵循法律程序来处理解聘,而不是做出像该员工在微信文章里描述的如此差劲的行为,这也许会导致一个更坏的结果,甚至是违反法律。

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