Company: Sorry for 'crude' dismissal of sick worker
2019-12-06 09:17

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.


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".


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.


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.


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.


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.


"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."


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.


"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.


"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.


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


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.


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