The Rules And Regulations Of Employers Are The Codes Of Conduct For Workers And Their Employees In The Course Of Their Work.

The applicant Chen and other six people are the welders of the sheet metal Department of a science and technology company. At noon break time in May 28, 2015, the applicant, Chen and others, carried out "bullfight" in the workshop of the sheet metal Department of the company (playing cards of a poker card, eating bigger and smaller, and winning the bigger losers). They were seized by the company's managers on the spot, involving an amount of more than 90 yuan.

After the completion of the review by six applicants, Chen admitted that his behavior was gambling, which was a serious violation of the factory rules.

In May 29th, the respondent was based on "

The relevant provisions of the relevant provisions, "one of the following circumstances, in the company to gather gamblers, be expelled", the applicant Chen and other six people expelled.

The applicant applies for arbitration, requiring the company to pay about 200000 yuan of compensation for breaking the labor relationship illegally.

The Arbitration Commission tried to confirm that the labor relations had been lifted, and support for Chen and other six people demanding that a technology limited company pay the compensation for breaking the labor contract illegally.

During the rest period, the employees play cards and entertainment, and the unit's excuses for breaking the labor contract are serious and illegal. Is it reasonable and lawful?

The employer's rules and regulations are the code of conduct for employing units and labourers in the process of labor. On the basis of not violating the laws and regulations of the state, the employing units can formulate lawful and effective rules and regulations that are suitable for the characteristics of the enterprises, and are also important means to ensure that the employing units are constantly pferring and remain competitive in the market economy.

However, the formulation of rules and regulations should be consistent with the provisions of the law, and it should be reasonable and reasonable. It can not be enlarged indefinitely, not beyond a certain scope, and can not infringe upon the individual freedom and basic rights of laborers.

The rest time is

Outside the statutory working hours, the time of self control is the adjustment of the workers for rest, so that the body can be fully rested in order to enhance physical strength, eliminate fatigue and improve work efficiency, and different people have different ways of rest.

For example, some people smoke cigarettes, relieve fatigue, others take a nap, relieve fatigue, others sing songs, relieve fatigue, and so on.

In this case, the applicant Chen and others are at noon.

Playing cards in the workplace constitutes a serious violation of discipline. We believe that playing cards does not have a negative impact on the reputation of the company. Two, it does not affect the normal production and operation of enterprises. In conclusion, the six persons playing cards during break time are not serious violations of discipline.

Referring to the ninth interpretation of certain issues concerning the specific application of laws in dealing with gambling criminal cases, it is not for the purpose of profit, to carry out entertainment activities with a small amount of property and win and win, and to provide chess and card rooms and other entertainment establishments that only charge normal places and service charges, and so on.

In this case, the applicant, Chen and other six people in the workshop, "bullfight" in the workshop, is not for profit purposes, each bet 5 to 10 yuan, involving a total amount of only 90 yuan, and no one from pumping water, fishing behavior, and no public security administrative department recognized that it is gambling behavior, apparently not gambling, and six applicants wrote a review book, has recognized their mistakes, the image and reputation of the enterprise should not cause serious consequences, employers to workers in the company gambling grounds, expelled from the law.