Recently, a civil judgment on a labor dispute was published on the China referee network, and the dust of the self photographing incident of the stewardess of China Southern Airlines in the on-board toilet, which has attracted widespread attention, has been settled. According to the judgment, the party Guo joined China Southern Airlines in 2005 and worked as a steward. The term of the last labor contract is from September 7, 2016 to September 6, 2021.
At 18:40 on October 12, 2019, due to flow control, all passengers of China Southern Airlines flight cz3547 did not board the plane. During the rest period, Guo tried on his underwear in the toilet on the plane, took photos and sent them to the circle of friends. Then he realized that it was inappropriate and withdrew after about 10 minutes, but was reported by screenshot
The screenshot shows that Guo sent two underwear photos in his circle of friends, and there were words such as " the plane was delayed, I immediately came to the bathroom to try the new product: naked feeling. Experience feeling: it's really the same as not wearing, super invincible and comfortable ".
On November 28, 2019, China Southern Airlines terminated the labor contract with Guo on the grounds that Guo used his working hours to engage in private affairs, violated the company's public opinion management and network management regulations, published indecent photos on the Internet, violated public order and good customs, and caused adverse effects.
According to the judgment of the second instance of Guangzhou intermediate people's court in Guangdong Province, China Southern Airlines believes that Guo's behavior is not only to send a circle of friends, but also to try on underwear in the toilet of the plane, take self photos, beautify photos with P-pictures, add watermarks to photos and create and edit commodity publicity documents. It is a commodity advertising behavior for the operation and sales of underwear, with obvious commercial nature and profit-making purpose.
In addition, the duty period is calculated from the time of Duty Reporting, that is, entering the task execution stage. The delay time of cz3547 flight is short, and the crew is still in the duty period. Guo has left his work tasks and safety responsibilities behind and failed to make good preparations before flight, which has caused hidden dangers to flight safety. Moreover, engaging in private affairs during the duty period will have a demonstration effect on other crew members and have a huge negative impact.
The intermediate people's Court of Guangzhou City, Guangdong Province held that as the purser, Guo should strictly perform his duties in accordance with laws and regulations and the rules and regulations of China Southern Airlines to ensure the safety of civil aircraft and its personnel and property.
It can be seen from the content of his circle of friends that the subjective purpose is to publicize underwear products, which is contrary to his duties. Although the flight involved did not have safety problems in the end, it does not mean that Guo's behavior is tolerable and acceptable.
The judgment of the second instance ruled that as a purser with 15 years of service, Guo should be more aware of the negative impact of publishing indecent photos in the circle of friends on the image of China Southern Airlines, aviation safety reputation and public order and good customs. Therefore, China Southern Airlines believes that Guo's act of publishing indecent photos during his duty constitutes a serious violation of rules and regulations, which is reasonable, and therefore terminates the labor relationship, It is the embodiment of China Southern Airlines exercising its management power according to law and should be recognized as legal termination**
The judgment results of the case showed that it was confirmed that the labor contract between China Southern Airlines Co., Ltd. and Guo was terminated on November 28, 2019, and the shareholders of China Southern Airlines did not need to pay Guo's salary of 212735.63 yuan from November 23, 2019 to July 10, 2020, rejected all Guo's claims, and this judgment is the final judgment**
