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Dismissed worker ordered repatriated
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Posted on Jun 20 2005
The Department of Labor has ordered the repatriation of a nonresident worker who had been terminated for violating his employer’s no-smoking policy.
Labor hearing officer Herbert Soll said United International Corp. was justified in its termination of worker Li Qihuan. Therefore, the worker should take nothing from his allegations against the garment company, he said.
“[Li Qihuan] was not less at fault than [UIC] and therefore has no right to transfer. Repatriation obligations shall be borne by the respondent upon notification by the Department of Labor,” Soll added.
In an administrative order, Soll related that Li Qihuan , formerly a worker in UIC’s laundry section, was terminated after he was found smoking in the factory’s boiler room—a no-smoking area—on April 19, 2004. His termination came 22 days before the expiration of his contract.
The worker then filed a complaint with the Labor Department, seeking compensation for the balance of his contract, liquidated damages, and transfer rights.
However, evidence presented at the hearing supported UIC’s claim that, upon being hired, Li Qihuan was informed that smoking during working hours at the workplace was a ground for dismissal.
The company’s no-smoking policy is stated in the employees’ handbook in both English and Chinese.
Li Qihuan admitted to having received a copy of the handbook.
Yan An, general affairs officer for UIC, also testified and showed proof that the policy was emphasized and posted since May 20, 2003, almost one year before the incident.
Soll said the posted notice included a map indicating a smoking area and a warning that a violation of the no-smoking policy would lead to dismissal.
“The termination letter and procedure [that] followed thereafter were in compliance with law,” Soll concluded.
