Use Alipay at Work 2

Fu believes that his brief use of the mobile phone had a very minor impact, and he did not fail to fulfill his duties or cause any loss.Fu demanded that the company pay him compensation for the illegal termination of the labor relationship, amounting to 156,600 yuan (based on the average salary of 5,800 yuan/month in the previous year × 13.5 years × 2 times).

The case went through labor arbitration, the first trial, and the second trial, and the decisions/judgments did not support Fu's request.

Fu was dissatisfied and applied for a retrial. He emphasized that the new evidence he submitted, the "work permit" with a phone logo, indicated that he had permission to use a mobile phone. "Whether using Alipay on a mobile phone during working hours or answering an emergency call on a mobile phone, the essence is the same. The company's reason for dismissal is too far-fetched."

Upon investigation, both parties have no objection to the fact that Fu used his mobile phone to log in to Alipay during working hours at 4:30 a.m. on August 24, 2016, but there is a disagreement on whether this behavior applies to the company's "Employee Handbook" and whether the labor contract should be terminated accordingly.

The first and second instance courts correctly determined that the company legally terminated the labor contract with Fu and did not need to pay compensation to Fu, and there was no impropriety.

In summary, the ruling is as follows: Fu's application for retrial is rejected.