发警告信后炒员工被判赔3.6万 律师：因雇主少了这个步骤
新闻报报看 | 本地有一名女雇主在面子书群组申诉，公司早前向一名员工发出了三封警告信后才解雇对方，但员工之后到劳工局控告雇主，更没想到的是，劳工局判决他们的公司，需要赔偿对方超过3万6千令。有执业律师表示，很多公司以为只要发警告信就可以解雇员工，但其实劳工法里并没有这样的规定，促请雇主勿仓促炒员工鱿鱼。（主播：颜江瀚、蔡心惠）
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NewsTranscript
00:00 It's harder to hire someone and it's harder to fire someone.
00:02 It's more complicated to fire an employee than to hire one.
00:07 Even if you are the boss,
00:10 it doesn't mean you can fire an employee at will.
00:13 Otherwise, if you don't pay attention,
00:15 you may be sued at any time.
00:17 For example, the employee is a high-paying employee,
00:20 and the company will lose money in the end.
00:23 A local female employer said in the face that the group complained
00:27 that their company sent three warnings to an employee in the morning.
00:32 After the warning, the employee was fired.
00:35 But after the employee, the company went to the labor bureau to sue the boss.
00:38 What they didn't expect was that the company that the labor bureau finally sentenced
00:42 had to compensate the employee for more than 36,000 yuan.
00:46 The female employer explained that the fired employee was an employee who had worked for more than 20 years.
00:52 But because of his bad attitude, he often didn't come to work for no reason.
00:55 He was fired after three days of fishing and two days of sunbathing.
00:59 But he was fined.
01:01 According to the fine information posted on the Internet by the labor bureau,
01:05 the company did not inform the employee of being fired two months in advance.
01:09 Therefore, he had to pay an additional salary as compensation.
01:12 In addition, the fired employee had served for more than 23 years.
01:17 So the company had to pay him nearly 30,000 yuan in compensation.
01:22 The female employer said that she couldn't figure it out.
01:23 Because she had already issued a warning letter to the other party before she was fired.
01:27 And it was a warning letter for three times.
01:29 So why was her company fined in the end?
01:33 So what is the definition of a warning letter?
01:37 For this series of questions,
01:39 Newspaper "BaoBaoKan" interviewed professional lawyer Liu Zhiyan.
01:42 He said that many companies have a myth
01:45 that as long as they issue a warning letter, they can fire employees.
01:48 But from a lawyer's point of view,
01:50 there is no such rule in the labor law.
01:53 Even if you issue a warning letter three times,
01:55 it doesn't mean that as a boss,
01:57 you can fire employees legally and reasonably.
02:00 If the boss or superior is dissatisfied with the employee's work performance,
02:03 how can he legally fire employees who cannot take over the job?
02:08 If the employee finds that he has been fired illegally,
02:11 how should he defend his rights?
02:14 Let's listen to what the lawyer said.
02:16 If you want to fire an employee legally and reasonably,
02:21 there are two factors you need to consider.
02:23 The first is the reason for firing.
02:25 The second is the firing procedure.
02:27 In fact, the warning letter itself is not enough.
02:30 In addition to the warning letter,
02:31 you also need to give the employee a chance to explain.
02:33 After the employee explains,
02:35 you also need to give him time to improve.
02:38 The length of this time is a reasonable question.
02:42 Professional lawyer Liu Zhiyan said during the interview
02:45 that the employer wants to fire an employee
02:47 in addition to having a legitimate, reasonable and fair reason,
02:50 but before firing an employee,
02:52 he must give the employee a chance to improve.
02:55 He said that if the employee behaves improperly,
02:57 such as theft, fraud, dishonesty, etc.,
03:01 and confirms that he violates the employment contract,
03:03 the employer can fire the employee immediately.
03:05 But if the employee is just not satisfied with the employee's performance,
03:08 the firing procedure will be longer,
03:10 and the warning letter is just the beginning.
03:13 It seems that the employee's performance is not good,
03:15 he is late for work,
03:16 and his attitude is lazy.
03:17 Actually, there is a performance improvement plan,
03:21 which is commonly known as PIP.
03:23 Usually, many big companies have such a plan.
03:26 Then the employee and the employer will work together
03:29 to see how to improve this problem.
03:31 After a period of time,
03:33 if the problem has not been improved,
03:35 the employer can issue a termination letter
03:38 to explain that we have actually done these steps
03:42 to help you improve,
03:43 but it has not been improved.
03:46 Liu Zhiyan said that even if the employer has the right to fire the employee,
03:49 but whether it is a proper termination
03:51 actually depends on the situation.
03:54 Only when the employee makes a very serious mistake
03:56 can he immediately fire the other party.
03:58 In fact, sometimes the employer can fire the employee immediately,
04:02 but of course it depends on the severity of the situation.
04:05 If he only works two days,
04:07 to be precise, two days,
04:10 then his behavior is not serious enough to be fired immediately.
04:14 So of course, the employer still needs to be very cautious in this regard,
04:18 and needs to take some measures,
04:20 such as contacting the employee
04:22 to see what the reason is,
04:23 because he will fire the employee for no reason.
04:25 We can only implement a termination action
04:27 after taking all the necessary measures.
04:30 As for the employee,
04:32 Liu Zhiyan reminds everyone that
04:33 if you think that the employer fired you for unreasonable reasons,
04:36 you must file a complaint with the Industrial Relations Bureau (JPP)
04:38 within 60 days of your dismissal
04:41 to ensure your rights are guaranteed.
04:43 The most important thing is to read carefully before signing the labor contract,
04:47 and must understand your rights and the obligations of the employer.
04:50 Within 60 days,
04:51 make a representation in writing
04:53 to the Director General of the nearest labor office.
04:56 You have to fill out a complaint form there.
04:59 After that, they will have a meeting with both parties.
05:02 That is to say, we will have a meeting with the employer and the employees
05:05 to see if this problem can be solved peacefully.
05:08 If it still cannot be solved,
05:10 the Director General can report this matter to the Labor Court,
05:14 and the Industrial Court to solve the dispute between you.
05:17 Then you will have to fire me.
05:18 In the end, Lawyer Liu Zhiyan gives everyone a warning.
05:26 If you are an employee,
05:27 he reminds everyone that before signing any contract,
05:30 you need to know clearly what kind of contract relationship you are entering,
05:34 and understand your rights.
05:35 If you have any questions,
05:36 it is best to consult a professional lawyer
05:38 or professional lawyer first.
05:43 As for the employer-employee relationship,
05:45 sometimes there may be some contradictions between people.
05:48 If it can be solved peacefully, of course it is the best.
05:50 Even if there is no way to reconcile,
05:52 it still needs to be handled patiently.
05:54 Don't let the company suffer financial losses
05:56 because of a momentary impulse,
05:59 and also damage the image of the company.
06:01 (Music)