2020-07-16

Tencent senior engineer was fired for less than 8 hours on duty? Tencent responds:serious violation of discipline

By yqqlm yqqlm

Weibo search has a message”Tencent employees were resigned for less than 8 hours a day” was discussed by many netizens. For this matter, the employee expressed dissatisfaction and asked Tencent to pay overtime. Tencent said that the employee was on duty for less than 8 hours a day, and was absent from work for several times. In March 2019, he was released from labor relations according to law. The reason for the dismissal was that the employee failed to match the corresponding job requirements.

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I learned from Sina Technology that for less than 8 hours of work mentioned by Tencent, the employee stated that “Tencent is a flexible working system when I joined the company and never attendance. Tencent employees work after 18:00 on working days. Continuing to work is the norm, and during the first half year of employment, I work overtime until late at night, sometimes even at 2:00, and do not rest on weekends. Because of long-term overtime, I am seriously depressed and overdrawn. Sometimes the work place is not fixed, and I will go to other places. Workplace training, meetings, and cross-departmental cooperation. Tencent only took out the monitoring period of 10-18 o’clock without any persuasion.”

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So, the employee was dissatisfied with Tencent’s If he is on duty for less than 8 hours, he shall terminate the labor contract and submit an application for arbitration to the Shenzhen Arbitration Commission, and file a lawsuit with the Shenzhen Nanshan District Court and the Shenzhen Intermediate People’s Court, requesting Tencent to continue to perform the labor contract and requiring him to pay since 2012. Since the beginning of the year of work, the year-end bonus difference and overtime pay have totaled more than 5 million yuan.

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However, during the trial process between the labor arbitration institution and the court, according to the evidence requirements, Tencent provided the work arrangement email, communication records, vacation records, daily management records, office building videos, etc. The overall chain of evidence fully proves the employee’s violation of discipline.

The employee has been unable to submit sufficient and effective evidence to support the existence of related work and output, so the lawsuit filed by the employee failed .

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Tencent also responded to this matter. Tencent stated that the former employee’s resignation was due to a serious violation of labor discipline and rules and regulations, including not accepting daily work arrangements. Despite repeated requests from superiors and human resources departments, they still refused to perform their duties, and were repeatedly absent from work and absenteeism. The long-term violation of discipline has had a very bad impact on the team, not only because of less than 8 hours on duty dismiss.

Tencent and the employee each hold their own words, who do you think is more reasonable?