The "household rules" of those companies that were judged "no"
Due to the fundamental nature of the "subordination" of the labor relationship, the employer is in a dominant position in the labor relationship for dominance and management.
Generally speaking, the employer’s management of workers is reflected in employee manuals and other rules and regulations, which generally include warnings, salary cuts, job transfers, and dismissal measures, and corresponding punishments are given according to the severity of the workers’ behavior.
In order to prevent damage to the rights and interests of workers, the law imposes certain restrictions on this.
Set prohibition obligations with over-authority, no
If the behavior of the employee at work violates the rules and regulations of the employer, violates the obligations of the employee, or causes damage to the employer, the employer can manage the employee.
If it is personal life outside the workplace, it does not belong to the domain of the employer’s management. For example, the employer restricts workers from riding black cars, restricts workers from purchasing certain types of goods, etc., which all belong to the prohibition of obligations to workers beyond their authority. It is the proper meaning of employment management.
If the employee violates the obligation of loyalty and diligence, such as violation of the obligation to restrict competition, it should belong to the management category of the employer.
It is worth mentioning that whether workers’ words and deeds on social platforms and on the Internet should be restricted still needs to be explored. In short, the general situation should not be restricted, but if this causes greater losses to the employer, the employer can be Workers shall be disciplined.
Violation of public order, good customs and reasonable limits, no
The disciplinary measures implemented by the unit against workers must take into account both legitimacy and rationality.
Legality means that disciplinary measures must not violate laws and regulations, such as not restricting personal freedom, and not using insulting methods.
The rationality means that the punishment measures should be equivalent to the fault of the worker, and the punishment should not be too severe.
The content of the rules and regulations is a manifestation of the employer's independent management power, and will also vary in emphasis due to different industries. Under normal circumstances, it is not appropriate to interfere too much, but it must not violate public order and good customs and reasonable limits acceptable to ordinary people.
For example, being expelled once late, and deducting most or all of the wages and remuneration for failing to complete a job on time, etc., are all severe penalties.
"Family Rules" were formulated without due process, whether
When an employer formulates, revises, or decides on regulations or major matters directly related to the vital interests of workers, it shall be discussed by the workers’ congress or all workers, put forward plans and opinions, and negotiate with the trade union or workers’ representatives on an equal basis, and the rules and regulations shall Announce or inform workers.
Do not arbitrarily punish workers on grounds beyond the rules and regulations or without the workers’ knowledge.
In addition, the corresponding procedures should be followed when the labor management is performed on the employees.
For example, workers are left with a way to appeal, and punishments can only be made after gradual approval.
Han Guoling Dou Jiangtao