On May 1st, according to reports from several domestic media outlets, Mr. Li was dismissed from a company after repeatedly being absent from his post during work hours. Despite discussions between the company and Mr. Li, he continued to be away from his position for extended periods.
Mr. Li claimed that he was under a lot of pressure and needed to go to the restroom to smoke and relax, without obtaining permission from his superiors.
The company issued a "Notice of Termination of Labor Contract" to Li after the court ruled that Li had engaged in passive performance of the labor contract. Despite being warned, Li did not show any improvement, leading to the legal termination of the labor contract by the company without the need to pay Li any compensation.
Experts point out that as a worker receiving wages, one has the obligation to diligently work during working hours and share the ups and downs with the company.
According to relevant provisions of the Labor Contract Law, if an employee consistently fails to take initiative, meet job requirements, or fulfill duties, the employer should provide training or adjust the job position for the employee who is not competent for the position.
If the employee still cannot perform the job, the employer can terminate the labor contract after notifying the employee in writing thirty days in advance or paying an additional month's salary.
For employees, it is important to abandon a slack attitude at work, adhere to honesty and trustworthiness, fulfill the legal duty of "diligence and due care," and strive for a harmonious labor relationship and a win-win situation for both the company and the employees through mutual efforts.
