Being on duty less than 8 hours a day and being dismissed? Tencent's former employees recovered 13million overtime pay, etc., and the court won a compensation of 90000 in the final judgment

2020 year 7 month , a “ Tencent employees are not on duty every day 8 I was dismissed when I was young ” The news on Weibo hot search , Arousing heated discussion on the Internet . I didn't expect that two years have passed , This matter has made new progress recently .

7 month 23 Japan , Yan, the dismissed party, revealed on Weibo ,“2022 year 7 month 22 Received the judgment of the second instance on the th , Tencent must pay me the balance of the year-end bonus 90,765 element .” The labor dispute between Yan and Tencent lasted for two years , Finally, the intermediate people's Court of Shenzhen, Guangdong Province made the final judgment .

But Yan said in an interview with Red Star News recently , I am not satisfied with the verdict , In the later stage, it may apply for retrial to the higher people's Court of Guangdong Province .

Request to continue to perform the labor contract , Both appeals were lost

according to the understanding of , Yan XX 2012 year 7 Monthly entry to Tencent , The position is senior engineer of game platform Department .2019 year 3 month , Tencent said that Yan did not obey the work arrangement 、 Often late 、 Leave early 、 Long term absence , He terminated his labor contract with Yan for serious violation of labor discipline .

Yan said , During the first six months of my employment, I worked overtime every day until late at night , I don't have a weekend break , Sometimes I work overtime all night . And on the day of dismissal , He was forced by the security guard to pack up and leave , Seal off the work card on the spot 、 Intranet account 、 All internal permissions and information of Tencent, such as the company's email . Therefore, it is impossible to prove the fact of overtime and office conditions .

2019 year 6 month , He submitted an arbitration request to Shenzhen labor and personnel dispute Arbitration Commission , Ask Tencent to continue to perform its labor contract with him , Rejected by the Arbitration Commission .

And then 7 month , Yan XX filed a lawsuit with Shenzhen Nanshan District People's court . In the first instance of the court , The defendant Tencent claimed , according to 《 Employee leave management system 》 Relevant provisions , Although each department can flexibly arrange working hours according to the position , However, the plaintiff's working time needs to reach 8 Hours , The plaintiff's department requires the plaintiff to be in the morning 9 Half an hour to the post ,10 Attend the morning meeting at , But plaintiffs often do not participate in 10 The morning meeting at o'clock , On the job time is often insufficient 8 Hours .

A court of law , Tencent also submitted a statistical table of Yan's on-the-job hours , Monitoring video data display ,2019 year 2 month 、3 Month morning 10 Point to afternoon 18 During the hour , Yan XX is not on duty for long every day 8 Hours .

  Picture source ： Red Star News

Regarding this , Yan argued that he had worked overtime for a long time , Working hours are far longer than 8 Hours , And the workplace is not fixed , I often go to other workplaces of Tencent for training 、 The meeting 、 Cross sectoral cooperation . So what Tencent monitored and photographed was only Yan's time in the card seat , It can't completely reflect his office situation .

The court of first instance held that , The plaintiff claimed that his place of work was not fixed , But his position is senior engineer of game platform Department , There should be no field trip , And the plaintiff failed to prove his claim . After comprehensively considering the existence and size of the evidentiary force of both parties , The court accepted the defendant's claim , It is believed that the plaintiff's request to continue to perform the labor contract lacks factual basis , Does not support , Reject all arbitration claims of the plaintiff .

Yan expressed dissatisfaction with the first instance decision , Appeal to Shenzhen intermediate people's court .2020 year 2 month , The second instance of Shenzhen intermediate people's court rejected the appeal , Maintain the original judgment .

Sue for overtime pay 、 Year end bonus, etc 1300 ten thousand

After the request for continued performance of the labor contract is rejected , Yan XX on 2021 year 6 In June, Tencent was sued again , Recover the holiday overtime pay for seven years of employment 、 Annual bonus 、 The total amount of salary without annual leave, etc 1290 More than RMB , Include respectively ：

2012 - 2019 Overtime pay for working days during the year 3,645,000 element ;2012 - 2019 Overtime pay on rest days during the year 1,787,586 element ;2012 - 2019 Salary for annual leave not taken in 441,379 element ;2015 - 2019 Year end award difference 2,727,233 element ;2014 - 2019 Annual wage difference 4,304,770 element .

2021 year 10 month , Shenzhen Nanshan District People's court made First instance verdict , The defendant Tencent was sentenced to reissue 2018 Year end award difference 90,765 element （ pre-tax ）, Rejected the plaintiff's other claims .

For this verdict , The court of first instance also made a detailed explanation . Tencent argued to reduce Yan XX 2018 The year-end bonus is due to its 2018 Annual work performance is unqualified , Unable to meet the company's job performance requirements for employees , But it only gives a general description , There is no evidence to prove that Yan Moumou has the above situation . Therefore, the court found that Tencent reduced Yan XX 2018 The reason for the year-end award cannot be established , Due to the difference in reissue . about 2015 - 2017 year 、2019 Year-end awards , Tencent reasonably distributed , The court won't uphold .

besides , Yan XX cannot prove the fact of overtime , The court won't uphold ; The wage difference exceeds the time limit for applying for labor arbitration stipulated by law , Not within the scope of court acceptance ;2017 The salary of the unused annual leave before has passed the time limit for applying for arbitration ,2017 Annual leave after , Tencent took out the evidence that Yan has retired , Yan failed to provide refuting evidence , The court won't uphold .

thereafter , Both parties are dissatisfied with the verdict , Appeal to Shenzhen intermediate people's court respectively .7 month 13 Japan , The court made a final judgment on the labor dispute case between the two parties , Reject the appeals of both parties , Maintain the original judgment .

thus , Yan won the case of recovering the year-end bonus . But he said , In the next step, I will submit a protest to the Guangdong Provincial People's Procuratorate , Protest Tencent's flexible working system 、 Never check in , But I don't work enough every day 8 Hours as a reason to terminate the labor contract . Yan said ,“ Tencent employees on weekdays 18 It is normal to continue working after o'clock , Tencent only took out 10-18 The monitoring of the point period is not convincing .”

Last , What's your opinion about the labor dispute between Yan and Tencent ？ Welcome to leave a message ～

  Reference link ：

• https://weibo.com/p/1005057479856029/home

• https://mp.weixin.qq.com/s/_y82dU8XhIFpP9EXguvgdQ

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