The flight attendant was expelled from the court for posting underwear photos in the bathroom while on duty: reasonable and legal

Recently, China Judgment Documents Network published a civil judgment on labor disputes, and the incident of China Southern Airlines flight attendants taking a selfie in the in-flight toilet, which has attracted widespread attention, has been settled.

According to the judgment, the party, Guo Mou, joined China Southern Airlines in 2005 as a flight attendant, and the last term of the labor contract was from September 7, 2016 to September 6, 2021.

At 18:40 on October 12, 2019, due to flow control of China Southern Airlines flight CZ3547, all passengers did not board the plane. During the rest period, Guo tried on underwear in the bathroom on the plane, and took a photo and sent it to the circle of friends, and immediately realized It was inappropriate, and it was withdrawn after about 10 minutes, but was reported by screenshots.

The screenshot shows that Guo posted two underwear photos in the circle of friends with “The plane was delayed, so I immediately went to the bathroom to try a new product: Nude.Experience: It’s really the same as not wearing it, super invincible and comfortable” and other text content.

On November 28, 2019, China Southern Airlines terminated the labor contract with Guo on the grounds that Guo used his working time to engage in personal affairs, violated the company’s public opinion management and network management regulations, and published indecent photos on the Internet, which violated public order and good customs and caused adverse effects.

According to the second-instance judgment of the Guangzhou Intermediate People’s Court of 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 bathroom on the plane, take selfies, beautify photos with P pictures, add watermarks to photos and create ideas. Editing of product promotion copy is a product advertisement and promotion behavior made for the operation and sale of underwear, with obvious commercial nature and profit-making purpose.

In addition, the duty period is calculated from the time of duty report, that is, the mission execution phase is entered. The delay time of flight CZ3547 is short, and the flight attendants are still in the duty period. Pre-flight preparation poses hidden dangers to flight safety, and engaging in private affairs during the duty period will have a demonstration effect on other flight attendants and bring about a huge negative impact.

The Guangzhou Intermediate People’s Court of Guangdong Province held that, as a flight attendant, Mr. Guo should strictly perform his duties in accordance with laws and regulations and the rules and regulations of China Southern Airlines, and ensure the safety of the civil aircraft and the people and property on board.

From the content of his circle of friends, it can be seen that the subjective purpose is to promote underwear products, which is contrary to the duties it should perform. 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 second-instance judgment ruled that,As a flight attendant with 15 years of service, Guo should be more aware of the negative impact of posting indecent photos in the circle of friends on China Southern Airlines’ image, aviation safety reputation, and public order and good customs. Therefore, China Southern Airlines believes that Guo is on duty during the duty period. It is reasonable to publish an indecent selfie photo that constitutes a serious violation of the rules and regulations. The termination of the labor relationship based on this is a manifestation of China Southern Airlines’ exercise of management rights in accordance with the law, and should be deemed a legal termination.

The judgment of the case shows 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 RMB 212,735.63 from November 23, 2019 to July 10, 2020. ,All of Guo’s claims are rejected, and this judgment is final.