Labor Regulations: Employees Have The Right To Say "No".

Q: if there is any evidence that employees voluntarily join, is the behavior of enterprises suspected of breaking the law?

Answer: if employees voluntarily join the "alternative behavior" of enterprises, because employees have the right to freely choose their own behavior, we believe that enterprises in this case are not suspected of breaking the law.

But not breaking the law does not mean that such behavior is right. Law is the last line of defense for social management.

Besides law, we also have ethics, public order and good morals to guide our behavior.

In the case, enterprises' actions to motivate unfinished sales staff are obviously contrary to public order and good manners by letting employees walk down the streets and crawl on their knees.

Such behavior not only violates the employee's personal dignity, but also brings adverse effects to the society.

Besides, do employees really join in voluntarily? The oral expression of employees may not represent their true thoughts.

We can not ignore the details that the act of kneeling and crawling is the first to be carried out by the person in charge of the enterprise, which is known as "leading by example".

The so-called "people have to bow under the eaves", when the person in charge of the enterprise to make some employees do not want to do the behavior, but employees often under the invisible pressure, have to follow suit.

In our view, the responsible person's behavior of "setting an example" has some suggestive effect, which makes many employees have to voluntarily join.

Q: if an enterprise is coercion by dismissal or withholding money, and if employees are unwilling to give in, how can they protect their rights?

Answer: if the company takes

Or wages are threatened, employees are unwilling to yield, and there are two ways to safeguard their rights.

First, fight to the end and wait for the enterprise to dismiss or deduct wages.

Once an employee is dismissed or deducted because he is unwilling to engage in such conduct, the employee may apply.

It is required to resume labor relations or pay double compensation for illegal labor contracts.

The forty-eighth provision of the labor contract law stipulates: "if the employer violates the provisions of this law to terminate or terminate the labor contract, if the worker requests to continue to perform the labor contract, the employing unit shall continue to perform. If the worker fails to continue to perform the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation in accordance with the eighty-seventh provision of this law."

Second, workers can take the initiative to release the labor contract according to the thirty-eighth article of the labor contract law, requiring enterprises to pay economic compensation.

"Under any of the following circumstances, the employee may rescind the labor contract: the employing unit shall force the laborer to work by means of violence, threat or illegal restriction of personal freedom, or the employing person.

If a command or coercive operation endangers the personal safety of labourers, the worker can immediately terminate the labor contract without giving notice to the employer in advance. "

The above two ways of safeguarding rights, employees can choose according to the actual situation.

Q: what penalties do companies usually face if they act illegally? What is the legal basis?

Answer: before mentioned, if the enterprise has illegal behavior, it needs to bear the legal consequence of breaking the labor contract illegally.

At the same time, enterprises may be subject to administrative penalties or even criminal penalties.

The eighty-eighth clause of the labor contract law stipulates: "the employer shall be given administrative punishment according to law in any of the following circumstances; if a crime is constituted, it shall be investigated for criminal responsibility according to law; if the damage is caused to the worker, it shall be liable for compensation: (1) to force labor by means of violence, threat or illegal restriction of personal freedom; (two) illegal command or coercive operation endangering the personal safety of laborers; (three) insulting, corporal punishment, beating, illegal search or detention of laborers; (four) severe labor conditions and serious environmental pollution, causing serious damage to the physical and mental health of the workers."

The 244th criminal law of the criminal law stipulates the crime of forced labor: whoever coercion others to work by means of violence, threat or restriction of personal freedom shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall be fined. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

Knowing that others are carrying out the preceding paragraph, and recruiting or pporting personnel or other acts of assisting others to work, shall be punished according to the provisions of the preceding paragraph.

If a unit commits the crime mentioned in the preceding two paragraphs, the unit shall be fined, and the person directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the first paragraph.

Therefore, it is suggested that the majority of enterprises should be lawfully and legally employed, respecting their employees, caring for their employees, and building a harmonious labor relationship.