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🌐 | Is Shikoku Broadcasting's erroneous explosion employee "disciplinary dismissal" too strict?Slandering "Komeito" on Twitter


Photo Building with Shikoku Broadcasting (from Google Street View)

Is Shikoku Broadcasting's erroneous bombing employee "disciplinary dismissal" too strict?Slandering "Komeito" on Twitter

 
If you write the contents roughly
With that in mind, if you were disciplined and dismissed for reasons such as "significantly damaging the company's honor and credibility," it might be a bit harsh for this employee.
 

Posts that slander the Komeito, including Natsuo Yamaguchi, on the official Twitter account of Shikoku Broadcasting (Tokushima City) ... → Continue reading

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Disciplinary dismissal

Disciplinary dismissal(Chokai Kaiko) is a private companyLabor regulationsbased onDisciplineDo as one ofDismissalThat is.TypicallyneckCalled.WorkerIn the heaviest punishment against, the subject is recognized by society as a whole as a serious offender.ReemploymentIs likely to be impossible.Since it is an important fact in judging the qualifications of a worker, concealing the fact of disciplinary dismissal during job hunting is a career fraud.However, by myselfResumeEven if you do not list it in, the turnover certificateRetirement certificateSince it is stated that it is a disciplinary dismissal, it is difficult to conceal it if it is a general company recruitment selection.note that,Civil servantIn the case of, not disciplinary dismissal,Disciplinary dismissalIt is called (Chokai Menshoku).

There is no legal definition of disciplinary dismissal and it is a customary name.In the legal text, it is called dismissal based on "reasons attributable to workers".However, dismissal based on "reasons attributable to workers"Labor Standards ActIt is a term used in administrative procedures, etc., and is distinguished from disciplinary dismissal, which is a civil procedure based on work regulations.

Other typesDismissalIsDismissal,Understanding TheDisciplineDoes not include the meaning ofCompanyBecause there was a reason that was inconvenient forDismissalIt is a fact that it was done (it was a dismissal in a broad sense), and this is alsoReemploymentIs not easy.

Overview

Disciplinary dismissal is the heaviest disciplinary action in a company, so a balance between actions and punishment, and socially accepted relevance must be recognized.Furthermore, in the actual dismissal, proper procedures such as giving an opportunity for advance defense are required.

Disciplinary dismissalCriminal statutory principleThe same principles apply to.userIn order for the disciplinary procedure to be carried out properly, the rules of employment clearly state the "reasons for the reason" and the "type and degree of disciplinary procedure" and "disciplinary procedure".Labor Standards ActArticle 89), and it is necessary that "the relevant work regulations are well known" (Labor Standards Law, Article 106).For these proceduresdefectIf there is, even if the worker has a serious failure equivalent to disciplinary dismissal, the disciplinary dismissal itselfInvalidMay be (Labor contract law(Article 16)[1]..Also stipulated in Article 19 of the Labor Standards ActDismissal restrictionsDisciplinary dismissal is not possible for workers who fall under the above.

Disciplinary dismissal, unlike other dismissals, is often dismissed on the same day, making future reemployment much more difficult than regular dismissal.[2], The damage caused to the company by the workers is also severely pursued, and it is a very heavy disposition.The weight of disposal isDeath penaltyCan be compared to[3]..Basically, disciplinary dismissal should be rarely done, but the employerRestructuringTo make it smoothForced retirementAs one means, there are cases where disciplinary dismissal is hinted at because of a worker's mistake or work attitude, or fictitious reasons are forged and forced into disciplinary dismissal.The company sideWhistle-blowingDisciplinary dismissal may be carried out as sanctions for those who haveRetirement due to companyThere may be a dispute with the worker who seeks (normal dismissal (retirement due to company reasons),Employment Insurance ActThe company will not be able to receive the above various subsidies, so the company should not dismiss as much as possible.Voluntary retirementI usually want to do it).

Applicable reason

The specific actions that a worker should take to be disciplined and dismissed depend on the employment regulations of each company.

The following is an example of "reasons attributable to workers" under the Labor Standards Law, but the specifics are judged individually (November 23, 11, No. 11). , March 1637, 31, No. 3).Even in actual work rules, the structure often conforms to these.

  • In the workplacesteal,embezzlement,injuryな どCriminal law offenderWhen there is an act corresponding to
  • gambling, Disrupting workplace discipline due to moral disturbance, etc., and adversely affecting other workers
  • If you misrepresent a career that is an element of the hiring conditions when hiring
  • To other officesCareer changeif you did this
  • As a general rule, if you are absent from work for 2 weeks or more without a justifiable reason and do not respond to the reminder to go to work
  • If you do not attend work poorly or attendance, and you do not change even if you receive attention several times

Specific examples are as follows.

Absence without notice
  • Kairyudo PublishingCase (Tokyo District Court, October 12, 10) --Absenteeism for two weeks without prior notice and without clarifying the reason, period, and whereabouts of the absenteeism.Judging that no justifiable reason was found, it was judged that disciplinary dismissal was effective.
  • Chinaberry AcademyCase (Sendai District Court, September 2, 9) --A full-time lecturer at the university was absent from work for one month without a justifiable reason.Disciplinary dismissal was invalidated because there were no major obstacles to work, work performance was not inferior to other employees, and the boss did not pay particular attention over and over again. It was judged.
Job fraud
  • Coal Research Works (September 3, 9)- high schoolIn hiring as a worker who is hired only after graduationUniversityDropoutHe concealed the fact that he was a high school graduate and concealed the fact of his arrest history. "It is clear that it is not only related to the evaluation of the labor force of workers, but also to the maintenance of corporate order of the company," he said, and decided that disciplinary dismissal was effective.
  • Kondo Chemical Industry Incident (Osaka District Decision September 6, 9) -A company that had no educational background when hiring, misrepresenting junior high school graduates as high school graduates.It was judged that it did not fall under the "significant career fraud" of the disciplinary grounds (in this case, the dismissal itself was judged to be effective because there was also fraud in the work history and family structure and the employment situation was poor).

Severance pay in case of disciplinary dismissal

According to the rules of employment of many companies, if you retire due to disciplinary dismissalSeverance payIt is stipulated that no payment will be made.However, if there is a provision in the work regulations, the full amount will not always be unpaid, and in order to make the full retirement allowance non-payable, it is so serious that it will erase the merit of long-term service of the worker. It is necessary that there is distrust.In particular, if it is a non-professional offense, such as embezzlement or embezzlement, which is not a direct act of belief in the company, it seriously damages the company's reputation and can be ignored by the company. It is understood that it is necessary to have a strong embezzlement comparable to criminal acts, such as causing real damage that does not occur.[4].

It depends on individual circumstances what kind of act is judged to be "a serious distrust act that erases the merit of long-term service" if it is a worker.

  • When he was in charge of the sales office and was in charge of the operation of the sales office, he suddenly submitted a retirement notice, and after that, he left the operation of the sales office unattended and did not arrange the remaining duties, and even to his successor. Regarding an act such as resigning without taking over anything, "The act should be blamed, but it should be understood that it corresponds to an act of distrust that erases the merit of long-term service. He did not admit the non-payment of retirement allowance as "I can't do it" (Japan High Pressure Gas Industry Case, Osaka High Court, November 59, 11).
  • IdiotAn employee of a railroad company that was working to eradicate a molester (violation of the nuisance prevention regulations) on a holiday in another company's railroad.ArrestRegarding what was done, "It cannot be said that this act has a considerable degree of severance pay." "On the other hand, even though this act is an act outside of work, the company and employees are all involved in eradicating molestation. It is undeniable that this is a considerable distrust for the railway company that is working on the above, so it is difficult to admit that this case is a case in which the full amount should be paid. " 3% (Odakyu Electric RailwayCase, Tokyo High Court December 15, 12.In the first instance, the full amount was not paid).
  • Competitors immediately after voluntary retirementManaging DirectorTo move customer data to another company just before submitting a resignation, erase part of the customer data in the computer just before retirement, and mix the erased data with the remaining data, or suspect that there is a possibility Regarding the case that was found to have committed such an act, the severance pay request from the worker was made as "It is recognized that the reason for disciplinary dismissal is not applicable or comparable, and the credibility is serious."Abuse of rights(Ibi Protech case, Tokyo District Court, December 12, 12).
  • on a holidayDrunk drivingI caused a property damage accident and escaped from the scene and was arrested on the same dayfineFor cases where disciplinary dismissal was made due to being sentenced, the amount of retirement allowance paid was set to 3% of the original amount of retirement allowance after the disciplinary dismissal was effective (Japan Post Case, Tokyo High Court 25). July 7).
  • LawyerFor workers who submitted a retirement notice through and made inquiries about business transfer in writing through a lawyer, the case where they were disciplined and dismissed because they did not take over face-to-face, etc., did not fall under the disciplinary dismissal reason. Judging that it could not be evaluated as a remarkable act of distrust to the extent that the merit was erased, he ordered the full payment of the retirement allowance (Interact case, Tokyo District Court Order, September 9, 27st year). 

footnote

[How to use footnotes]
  1. ^ If disciplinary dismissal is made when disciplinary action cannot be taken due to the absence of work rulesDismissal OfManifestation of intention(As a precedent, the Zip Bates case, Toyohashi, Nagoya, January 16, 1).On the other hand, when the effect of disciplinary dismissal is disputed in court, if the judge determines that the worker's actions are not malicious enough to justify the disciplinary dismissal but deserves normal dismissal, manifest the intention of disciplinary dismissal. The court's decision as to whether or not it should be recognized as a manifestation of intention to dismiss is divided (as an affirmative example, the Nikkei Shimbun case, Tokyo District Court, June 23, 45. As a negative example, the Daiichi Kasei case, Tokyo District. Judge June 6, 23, etc.).
  2. ^ Turnover certificate(CompanyPublic Employment Security OfficeSubmit to)Retirement certificate(The company issues it to the worker) states that it is a retirement to the effect that "reasons attributable to the worker" and "dismissal of heavy responsibility".Therefore, it is often easy to know that Hello Work or reemployment is a disciplinary dismissal.
  3. ^ "Disciplinary Dismissal-XNUMX Items You Must Know (Summary)". www.futoukaiko.com. 2021/8/19Browse.
  4. ^ [Severance pay] Severance pay and disciplinary dismissal / disadvantage changeLabor Policy Research and Training Organization

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