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He was expelled from Tencent because of his dissatisfaction. Mr. Yan filed an application with the Shenzhen Arbitration Commission, asking Tencent to pay the year-end bonus difference and overtime payment totaling more than 5 million yuan since he worked in 2012.
"From the time I started, Tencent has a flexible work system and never attendance. It is normal for Tencent employees to continue working after 18 o'clock on a working day. Tencent's monitoring of 10-18 o'clock hours is not convincing." Mr. Yan said.
The Red Star News reporter learned that because of his dissatisfaction with Tencent, Mr. Yan applied to the Shenzhen Arbitration Commission for arbitration, and to the Shenzhen Nanshan District Court and the Shenzhen Intermediate People’s Court to terminate the labor contract on the grounds of “less than 8 hours on duty”. The lawsuit required Tencent to continue to perform the labor contract, but it failed.
Tencent stated that the reason for the dismissal was that the employee failed to match the corresponding job requirements. Video evidence is only one part of it, used as evidence for related disputes, and is not set for individual employees.
Currently, Mr. Yan is preparing to submit a retrial application to the Guangdong Higher People's Court.
Alleged to have been on the job for less than 8 hours and was fired. Client: Not persuasive
Mr. Yan joined Tencent in July 2012 as a senior engineer in the game platform department. Mr. Yan stated that the term of the last labor contract signed by both parties is from October 1, 2015 to September 30, 2021.
On March 28, 2019, Tencent terminated the labor contract with Mr. Yan on the grounds that Mr. Yan did not obey the work schedule, was often late, left early, was absent for a long time, and seriously violated labor discipline. According to Mr. Yan, on the day of dismissal, Tencent unilaterally violently laid off employees, and many security guards forced him to pack up and leave, and immediately blocked all Tencent's internal permissions and information such as work cards, intranet accounts, and company mailboxes.
Mr. Yan's resignation certificate
In December 2019, Mr. Yan began to talk about his experience on Weibo. In the article, Mr. Yan said that he majored in computer science at his university. He had worked for Tencent for many years and was a T3 senior engineer since joining Tencent. I joined the Tencent Interactive Entertainment Group in 2012. During the first six months of joining, I worked overtime until late at night, basically until 11 or 12 in the evening, sometimes at two or three, without rest on weekends, and sometimes overtime all night. Because of long-term overtime work, I have been severely depressed and overdrawn.
In June 2019, Mr. Yan filed an arbitration request with the Shenzhen Municipal Labor and Personnel Dispute Arbitration Commission, requesting Tencent to continue to perform the labor contract with him, which was rejected by the Arbitration Commission. Subsequently, Mr. Yan filed a lawsuit with the Nanshan District Court in Shenzhen.
Red Star News learned from the civil judgment of the People’s Court of Nanshan District, Shenzhen, Guangdong Province that the defendant, Tencent, on March 28, 2019, based on the plaintiff Mr. Yan’s disobedience to work arrangements, frequent lateness, early leave, long absence from work, and serious violation of labor discipline. The labor contract was terminated with the plaintiff. The defendant argued that, according to the relevant provisions of the "Employee Holiday Management System", although various departments can flexibly arrange working hours according to the job situation, the plaintiff’s staff needs to be on duty for 8 hours, and the plaintiff’s department requires the plaintiff to be on duty at 9:30 am , Attended the morning meeting at 10 o'clock, but the plaintiff often did not attend the morning meeting at 10 o'clock, and the time on duty was often less than 8 hours.
In this regard, the plaintiff denied the fact that it had violated labor discipline, arguing that it had long-term overtime work, working hours far exceeded 8 hours a day, and its workplace was not fixed, and it often went to other workplaces for training and meetings of the defendant. , In the case of inter-departmental cooperation, it is argued that the defendant violated the law to terminate the labor contract and demanded that the labor contract be continued.
The plaintiff claimed that what the defendant monitored and filmed was only the plaintiff’s time in the deck, which could not fully reflect the plaintiff’s office situation. The plaintiff claimed that his work location was not fixed and the defendant did not conduct strict attendance management. The plaintiff sometimes worked overtime at night.
The Nanshan District Court of Shenzhen held that in order to prove that the plaintiff was often late, left early, and was absent for a long time, the defendant provided multiple Notarial Certificates, screenshots and CDs of surveillance videos from February to March 2019, and communication recording CDs. The audio-recording transcript evidence proves that the combination of the above-mentioned evidence can form a basic chain of evidence to support the defendant’s claim.
The court held that the plaintiff claimed that his work location was not fixed, but his position was a senior engineer of the game platform department, and there should be no field work, and the plaintiff failed to provide evidence for his claims. The plaintiff claimed that because the defendant did not conduct strict attendance management, he sometimes worked overtime at night, but the plaintiff did not provide evidence for his claim.
After comprehensively considering the existence and magnitude of the evidence of both parties, the court accepted the defendant’s claim, and held that the plaintiff’s request to continue to perform the labor contract lacked factual basis and did not support it.
Regarding the judgment of the court of first instance, Mr. Yan said he could not accept it. He believes that the court of first instance found him to be a senior engineer, and it subjectively concluded that the senior engineer did not need to leave the job, which violated basic common sense. In daily work, there are often tasks that need to be completed by leaving the workstation, such as reporting to the leader, participating in training, participating in meetings, discussions and exchanges.
Mr. Yan also pointed out that in the surveillance video CD provided by Tencent, there are two files every working day, one from 10 to 14 o'clock, and one file from 14 to 18 o'clock. Surveillance video is not continuous, and the cut-off and ripping traces are obvious and cannot be used as evidence.
"From the time I started, Tencent has a flexible working system and never attendance. It is normal for Tencent employees to continue working after 18 o'clock on a working day. Tencent's only monitoring period of 10-18 o'clock is not convincing. The evidence of my attendance is convincing if Tencent takes out the full-time surveillance video in each workplace where I may appear.” Mr. Yan said.
In February 2020, the Shenzhen Intermediate People's Court accepted the case. The court of second instance held that the appellant Mr. Yan should ensure 8 hours of work per day in accordance with the provisions of the labor contract and the company’s management system. According to the appellant’s on-the-job statistics table submitted by the appellant and confirmed by the appellant, from 8 am to 18:00 in February and March 2019, the length of time the appellant was in the card ranged from 3 to 6 hours per day. Less than 8 hours.
Finally, as us in the workplace, we must be cautious when dealing with related issues and think twice before acting. If you want to sue others, you must leave sufficient evidence in advance, or you will definitely suffer in the end. In the workplace, you must learn to protect yourself. Don't just bury your head and work hard. When it comes to your core interests, there is no room for negotiation. Whoever is prepared enough and ruthless will win, and the loser will be defeated.
The workplace is the battlefield. This is not only about the competitive relationship with colleagues, but also about the interest relationship with the company. While working hard, we should protect our legitimate interests.
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