Brief Analysis On The Uniform Custody Of Employees During Working Hours

Generally speaking, employers need to keep in touch with their employees after work. They can raise the initiative requirement of their mobile phones in standby mode, but they are not mandatory.

No shutting down after work, nor can it relieve labor relations on this grounds.

Of course, for the employees who work in irregular working hours according to law, the employer can stipulate that the period after work can not be turned off.

[related cases] at 23 o'clock in September 28, 2007, a car sales company in Guangxi contacted Su Linjie, a maintenance rescuer, after receiving a call from customers, but could not contact him.

The next morning, when the manager of the company's service department knew about the situation, he had a quarrel because of the disagreement between the two sides.

Then the company lifted the labor relationship with Su Linjie.

After hearing the case, Jiangnan District People's Court of Nanning believed that the automobile sales company contacted Su Linjie after receiving the customer's rescue call, which was arranged to work overtime.

It is illegal for the company to terminate labor relations on the grounds of Su Linjie's cell phone closing.

Generally speaking, the right to use the phone number in the legal sense is the person corresponding to the identity card registered when bidding the number.

If the mobile phone number is handled by the worker himself, if there is no relevant agreement between the two parties in advance, in principle, the company has no right to force him to hand over his cell phone number, so he can not deduct the wages of the workers.

If there is a prior agreement between the two parties, even if the mobile phone number is handled by the employees themselves, but the employee has promised to leave the mobile number to the company after leaving the office, this agreement is generally valid, and the two parties should execute the contract according to the contract.

But from a rational point of view, the company should give the workers appropriate compensation according to the actual situation.

If

It is not for employees to handle personal matters, but for work needs.

In addition, the relevant fees for the processing of the numbers are reimbursed by the unit. Even if the registration is carried out with the employee ID card, the user of the mobile number is still the unit, and the employee has no right to take it away without the consent of the unit.

[related cases] Mr. Deng has worked in Wuhan Xingyuan Digital Corporation, Hankou public opinion four since November 2005.

In April 23, 2007, he resigned, and the company asked him to hand over his cell phone number.

However, the mobile phone number has been used by Deng before entering the company. If suddenly changed, it will bring a lot of trouble to his interpersonal relationship.

Deng refused to hand over the number, and the company refused to pay his 800 yuan wage in April.

Zhang said that after the resignation of the salesperson, if the original number is used, it may take away part of the customer relationship and cause business losses to the company.

After being coordinated by others, Mr. Zhang no longer asked Mr. Deng to hand over his cell phone number and promised to pay wages.

Mr. Deng assured that if the company's customers contacted him, they would pfer the information to the company in time.

This case suggests that both parties should make an appointment for the right to use mobile phone numbers used by workers and individuals to contact businesses.

If the right to use is agreed to be owned by the unit, the employee should preferably use another number to contact private affairs so as not to cause any loss to his personal interests in the future.