Employee asks for overtime compensation after dismissal, using manager’s ‘like’ on social media post as evidence
An employee used a manager's "like" on a social media post promoting company products during a break as evidence of overtime work to demand compensation after being dismissed, according to Guangming Online on Wednesday.
According to the report, after the employee surnamed Yang was denied annual leave in July 2018, Yang filed a complaint with the local social security department five days later over the company's insufficient social insurance contributions.
In August, the company terminated Yang's contract, citing a performance evaluation score of just 59 points for July.
The company claimed the termination complied with policy and argued that no compensation was required. However, Yang countered that a single month's evaluation should not reflect ongoing performance and deemed the dismissal illegal.
Yang also argued that the"like" on a social media post during personal time should count as evidence of overtime. The arbitration hearing finally ruled that the company had illegally terminated the contract and was required to pay both compensation and the overtime work.