Is it in compliance with the labor law for the company to fire employees if they throw away lunch three times?

Is it in compliance with the labor law for the company to fire employees if they throw away lunch three times?

Company regulations stipulate that if you throw away your lunch three times, you will be fired

Recently, a regulation introduced by a Shanghai company has sparked heated discussion. The new regulations require that if employees arbitrarily throw away the free lunch provided by the company (including throwing away part of it) for reasons other than spoilage, they will be warned once and will be dismissed if they do so three times.


"We were very surprised when we saw this rule. Could it be that if you dump food three times, you will be fired? I checked the Labor Contract Law and it seems that there is no such provision. Is this legal?
The head of the human resources department of Shanghai Qiubingying Consulting Service Co., Ltd., which introduced this regulation, explained that every weekday, the company counts the number of employees and delivers lunch, but each time it is found that many employees choose the dishes they want to eat, and a large part of the rest (including rice) is thrown away. Some lunches are barely touched. After employees receive them, they are left on the table for three or four days until they go bad and are thrown into the trash.
"The company has many young female employees who are usually overly picky about food. In order to effectively stop the waste, the company leaders made the above regulations." The person in charge said.
The rule that "throwing away food will result in dismissal" is not unique to the company. A few years ago, an employee of a company in Shenzhen found small stones in his rice while eating lunch in the cafeteria. He poured the rice out, which led to the employee being fired. A similar incident occurred in a company in Suzhou in 2014.
Let’s see what the experts say?
Labor law expert Tan Yuming believes that the law has clear provisions for enterprises to terminate labor contracts, and one of the provisions is that the employee has seriously violated the company's rules and regulations. Whether an employee's behavior of wasting food constitutes a serious violation of discipline must be determined by the company's rules and regulations and must be consistent with common sense.
Employees wasting food falls under the category of personal morality and has little to do with labor discipline. It is illegal for a company to fire an employee for "wasting food." The company should adopt other means to strengthen internal management rather than dealing with problems in a simple and rough manner.

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