Does the company have the right to dismiss the suspected employee on this ground? What laws and regulations are you suspected of violating? Wang Xinyue, a criminal defense lawyer of Beijing Haotian Law Firm, said that the company had no right to dismiss the two employees for this reason. In this case, it is self-evident that employees show admiration for other companies to pay wages on time. If the objective facts are established, the employees' views are not unreasonable. According to Item (2) of Article 39 of the Labor Law, employees who seriously violate the company's management system may terminate their labor relations. The management system formulated by the enterprise in accordance with the regulations clearly stipulates that if an employee makes inappropriate comments from the media, which causes adverse interference to the reputation and brand image of the enterprise and constitutes a serious violation of discipline, the enterprise may terminate the labor relationship. However, if the management system does not make relevant requirements, or it cannot prove that employees have made inappropriate remarks, it is likely to be suspected of illegally dissolving labor relations and violating the Labor Contract Law of People's Republic of China (PRC).
Li Jing, a teacher at the Law School of China Institute of Labor Relations, analyzed that the company's actions were not only suspected of violating the labor law, but also the right of China citizens to express their opinions freely, which was clearly stipulated in the Constitution. Li Jing said that with the development trend of social media, China citizens can enjoy their ideas on their social platform accounts. In this case, the opinions posted by two employees in the WeChat circle of friends did not harm the management system of their company units, nor did they harm the rights and interests of enterprises and other workers. It is inappropriate for enterprises to do so.
What compensation can the two dismissed employees get? Zheng, a criminal defense lawyer at Beijing Yingzhou Law Firm, said that employees who have been illegally dismissed have the right to choose to re-implement the regulation or pay twice the economic compensation. At the same time, economic compensation for unpaid wages can be stipulated; If the labor remuneration is not paid within the time limit ordered by the labor administrative organ, it may be agreed to pay additional compensation.
Article 87 of the Labor Contract Law of People's Republic of China (PRC) requires that if a company unit violates the Company Law and requests to dissolve or terminate the contract, it shall pay compensation to the employee twice as much as the economic compensation standard stipulated in Article 47 of these measures.
According to the requirements of Article 47 of People's Republic of China (PRC) Labor Contract Law, pay economic compensation to employees according to the standard that employees have worked in this department for one year. For more than six months but less than one year, it shall be counted as one year; If the employee is less than six months old, he shall pay the employee more than half of his monthly salary. If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the municipal district or district people's government to which the company belongs, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve years. The monthly salary mentioned in this article refers to the average income of workers in the twelve months before the termination or suspension of the labor contract.
How do China's laws and regulations require the time for wage payment? How should workers defend their rights when they encounter the problem of arrears of wages or arrears of wages? Article 50 of the Labor Law of People's Republic of China (PRC) requires that wages should be paid to the workers themselves on a monthly basis in the form of money. Shall not arbitrarily deduct or unreasonably delay the wages of workers.
Zheng pointed out that when wages are not paid, workers can report to the labor inspection department. After the labor administrative organ orders the payment of labor remuneration within a time limit, it can only order the company to pay compensation. At the same time, workers can apply for labor arbitration and ask the enterprise to pay 25% economic compensation. In practice, as long as it is reasonable, the litigation application explicitly put forward by the laborer will be applicable.
How to better safeguard the interests of workers? With the rapid development of China's economy, the scale of employment in companies has expanded, and the total amount of labor disputes and business scale have also increased. Zheng feels that this incident shows that employers are in a strong influence in the employment sales market. Many employers are not subconsciously infringing, but just violating the prescribed low cost. First of all, many workers refuse to spend a lot of time and energy to defend their rights, which leads employers to feel lucky and feel that they can escape their legal basis at will; Secondly, even if some workers spend time and energy defending their rights, their legitimate interests cannot be fully safeguarded due to the lack of direct evidence; Finally, even if the rights protection is successful, the damage to the employer is not great and the punishment is unreasonable.
How to better safeguard the legitimate rights and interests of workers? Zheng told that, first of all, workers must shape an obvious concept of the legal system and keep the corresponding direct evidence of their work, overtime, new employees' entry and departure, which is conducive to safeguarding rights after the dominance is violated; Secondly, for employers, it is necessary to strengthen the publicity of popularizing law, shape the core concept of people-oriented, standardize employment and seek long-term development trends; Finally, and most importantly, the labor administrative organs should simplify the procedures for workers' rights protection, reduce the cost of rights protection, and increase the cost of employers' violations. For example, increase the scope of supervision. If the workers report and the evidence is conclusive, they can make an administrative ruling immediately. For employers who are not allowed to implement it, they should be investigated and dealt with in strict accordance with the law in conjunction with the law enforcement supervision of the Industrial and Commercial Bureau and taxation, and make an announcement, so as to promote the reasonable and legal employment of the company and develop well.