A man "stepped on two boats" while working for a pharmaceutical company in Chengdu and worked part-time at a "competitor" company without permission, and a pharmaceutical company in Chengdu fired him on the grounds that he had violated the company's rules and regulations.

雙方就是否應當支付違法解除勞動合同賠償金爭執不下，遂訴至法院。4月8日，記者從成都彭州法院獲悉了這起案例。法院經審理后依法判決該公司不向男子支付賠償金，男子不服提起上訴，成都市中級人民法院經審理后判決駁回上訴，維持原判。

The man was fired for working for the company's "opposite family" and was dismissed and his application for compensation was denied

2016年11月，二十余歲的男子陳某入職成都市某製藥公司擔任銷售經理，雙方簽訂了書面勞動合同。

During the work period, Chen privately carried out market development and sales activities through WeChat groups for drugs not produced by the company, but this kind of drugs came from another company that had a market competition relationship with Chen's "owner", a pharmaceutical company in Chengdu.

In order to promote the promotion of drugs, Chen actively answered the relevant questions of the salesmen in the group, took the initiative to push relevant marketing materials, and conducted market development business training for the salesmen in the group. With the joint cooperation of the group members, the drug quickly opened up sales channels.

Chen took the salary of tens of thousands of yuan from the pharmaceutical company and earned a lot of extra money.

However, the "good times" did not last long, and although he carefully told the group members to do a good job of confidentiality, his actions were discovered by the pharmaceutical company in 11/0.

"You fired me for violating the rules, and you should pay compensation." Chen was very dissatisfied after receiving the notice of termination of the labor contract. "Your treachery is the first thing, our company's rules and regulations clearly stipulate that if an employee works part-time or serves in a unit other than the company, it is a serious violation of the company's rules and regulations, and the company has the right to terminate the labor contract." The relevant person in charge of the pharmaceutical company said: "And we notified the labor union in advance and obtained the consent of the labor union, and also made a public announcement, and the whole process is legal and reasonable."

陳某申請勞動仲裁，勞動人事爭議仲裁委員會裁決該公司應支付違法解除勞動合同賠償金18.6萬余元。公司不服該仲裁裁決書，遂訴至法院。

The court ruled that the company should not pay compensation

After the trial, the court held that Chen, as an employee of the company, should strictly abide by the rules and regulations of the employer and accept the labor standard management of the employer.

The rules and regulations formulated by the company clearly stipulate that "it is strictly forbidden for the company's employees to damage the interests, image and reputation of the company, and it is strictly forbidden to work part-time or in units outside the company." "Chen, knowing that the drugs he sells in the WeChat group is not the company's product, still as one of the organizers, secretly conducts training and promotes the product in the form of a WeChat group, which is an act that seriously harms the company's interests and violates the company's rules and regulations.

The company's termination of the labor relationship with Chen in accordance with the rules and regulations formulated by the company and the "labor contract" signed with Chen complied with the relevant provisions of the "Labor Law of the People's Republic of China" and the "Labor Contract Law of the People's Republic of China", and should not pay Chen compensation for the termination of the labor contract. In summary, the above judgment was rendered in accordance with the law.

Judge Jiang Bo, who undertook the case, reminded that "if you don't believe it, you can't stand it, and if you don't believe it, you can't do it if you don't do it", and honesty and credibility are not only the basic principles of the labor contract law, but also the basic professional quality of workers.

In this case, Chen ignored the company's rules and regulations and engaged in business that harmed the company's interests on a part-time basis, which was a serious violation of the principle of good faith, which not only harmed the company's legitimate rights and interests, but also damaged Chen's own professional reputation.

Workers should abide by the principle of good faith, strictly abide by laws and regulations and the rules and regulations of the employer, maintain the work order of the employer, achieve a win-win situation in the "two-way rush" between the individual and the employer, and promote the healthy development of the employment market.

Cover News Reporter Dai Zhuxin