The Labor Law of the People's Republic of China has relevant provisions on employers insulting employees, and the responsible personnel will be investigated. At the same time, he violated the second paragraph of Article 42 of the Law of the People's Republic of China on Public Security Administration Punishment, and was suspected of publicly insulting others.
The law stipulates:
1. Article 96 of the Labor Law of the People's Republic of China * * * If an employing unit commits any of the following acts, the public security organ shall detain the responsible person for not more than 15 days, impose a fine or give a warning; If the case constitutes a crime, the responsible person shall be investigated for criminal responsibility according to law:
1. Forced labor by means of violence, threat or illegal restriction of personal freedom
2. Insulting, corporal punishment, beating, illegal search and detention of workers.
2. Article 42 of the Law of the People's Republic of China on Public Security Administration Punishment commits one of the following acts, and shall be detained for not more than 5 days or fined for not more than 511 yuan; If the circumstances are serious, he shall be detained for more than 5 days and less than 11 days, and may also be fined as follows by 511 yuan:
1. Writing threatening letters or threatening the personal safety of others by other means;
2. Publicly insulting others or fabricating facts to slander others;
3. fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or punishment by public security administration;
4. Threatening, insulting, beating or retaliating against witnesses and their close relatives;
5. sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others;
6. Peeping, taking candid photos, eavesdropping or spreading others' privacy.
Extended information:
Case
A decoration company in Zunyi City, Guizhou Province was subjected to humiliating corporal punishment by its leaders because its employees did not complete their performance, which caused concern. On October 4th, the Honghuagang Public Security Bureau of Zunyi City reported that the company did insult and physically punish its employees, and the person in charge of the company had been punished by public security detention.
On October 31th, some netizens broke the news that a decoration company in Zunyi City had made corporal punishment items such as eating insects and drinking toilet water to let employees complete their tasks. A live video of the company's corporal punishment of employees was also circulated on the Internet. From the video, corporal punishment behaviors such as whipping and drinking yellow liquid can be seen.
netizens said that the person in charge of the company was present at the time of the incident and sent the video to the group. At present, the video leaked, and the person in charge of the company threatened to investigate its criminal responsibility because of the losses caused to the company.
On October 4th, Honghuagang Public Security Bureau gave a briefing on the case of punishing employees by a decoration company in Zunyi. "Recently, some netizens reported on the Internet that a decoration company on Chunsheng, Yinhe Road, Honghuagang District, Zunyi City inflicted insulting corporal punishment on employees who did not complete their work tasks. Honghuagang Branch of Zunyi City Public Security Bureau attached great importance to it and immediately conducted an investigation. "
According to the circular, after preliminary verification, the company did insult and physically punish its employees in order to achieve the sales target. According to the second paragraph of Article 42 of the Law of the People's Republic of China on Public Security Administration Punishment, he is suspected of publicly insulting others. On October 3rd, Honghuagang Public Security Bureau punished Guo Mou, Cai Mou and Huang Mou, responsible persons of the company, with public security detention for 11 days, 11 days and 5 days respectively. At present, the case is under further investigation and processing.
according to news reports in recent years, some companies do have improper corporal punishment of employees for their performance, such as "to achieve sales performance, employees kneel on the street to show incentives", "to fail to complete sales tasks, employees are punished to kneel at the door of the store", "bank employees are spanked in public" and "employees who fail to achieve performance eat live breadworms in public", which have attracted public attention many times.
The column "Seeking Truth" reminds that it is understandable for companies to encourage employees to increase their performance, but at the same time, they should also pay attention to respecting employees' personality and not infringing on the rights and interests of others. Corporal punishment of employees by the company is not only suspected of violating the public security punishment law, but also violating the provisions of Article 96 of the Labor Law of the People's Republic of China:
"If the employing unit commits one of the following acts, the public security organ shall impose detention, fine or warning on the responsible personnel for less than 15 days; If a crime is constituted, the responsible person shall be investigated for criminal responsibility according to law: (1) forcing labor by means of violence, threat or illegal restriction of personal freedom; (2) Insulting, physically punishing, beating, illegally searching and detaining laborers. "
If employees encounter similar situations, it is suggested to protect their rights and protect themselves according to law.
Baidu Encyclopedia: People's Republic of China * * * and China's Labor Law
Baidu Encyclopedia: People's Republic of China * * and China's Public Security Administration Punishment Law
People's Daily Online: The person in charge of insulting and physically punishing employees in Zunyi, Guizhou Province was detained.