The incident of "company employees burnt their faces by executives' cigarette butts" attracts attention

Who will protect me from bullying in the workplace

　　Recently, a piece of news that "company employees were burned by executive cigarette butts" continued to ferment, and aroused public attention to the phenomenon of "workplace bullying".

　　Liu, an employee of a company in Xi'an, Shaanxi, discussed the statement online, claiming that he was scalded with cigarette butts deliberately by the company's executives.

　　According to Liu’s report: On the evening of February 5 this year, during the company’s staff gathering, Gao Mouting, the company’s Shaanxi project team leader, repeatedly challenged himself with words: "I have liked killing chickens and sheep since I was a child. It must bleed and make it aware of the pain... When the company's performance is not good overall, I will clean up disobedient people like Liu..." and pressed the burning cigarette butt on his face twice, and asked " Does it hurt... so that you can remember a little bit!"

　　"This is a deliberate injury and insult to me. More than 10 colleagues in the company witnessed this." Liu, who was deeply humiliated, immediately called the police.

That night, the diagnostic medical record issued by the hospital showed that Liu had two irregular burn areas on his right cheek.

　　Afterwards, Gao Mouting said that he was overly drunk and hoped to communicate and resolve it many times; his company also ordered Gao Mouting for a public review, apologized to Liu and withheld three months' salary.

However, Liu believes that if he makes mistakes or faults at work, the company can deal with it in accordance with the regulations, and such violent acts "I cannot accept it anyhow."

　　After the incident was exposed, netizens heatedly debated: "Work is important, or is it important to respect?" "This kind of behavior is suspected of being illegal and should be severely punished"...

　　The continuous voice of netizens promoted the progress of the incident: On March 23, the company involved announced the removal of all posts from Gao Mouting.

The public security department notified on the 24th that Gao Mouting was criminally detained in accordance with the law on suspicion of intentional injury.

　　I was isolated and rejected by leaders, blatantly insulted, ignored accusations, asked to accompany drinks, dances, and slapped...In recent years, more and more workplace bullying incidents have been exposed.

In my country’s current laws, are there any provisions governing "workplace bullying"?

What channels can be used to effectively protect rights?

Chu Chenge, a professor and doctoral supervisor of Northwest University of Political Science and Law, expressed his views on this.

　　According to Chu Chenge, the original meaning of the term "bullying" is to bully the small and the strong to bully the weak.

The concept of bullying at the level of legal norms in my country has only appeared in the recently revised Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency, and it mainly targets campus bullying.

If the definition of campus bullying is applied, the so-called workplace bullying refers to long-term or repeated bullying in the workplace.

　　Chu Chenge said that it should be noted that although there is no specific concept of workplace bullying at the legal level in our country, the results of workplace bullying may constitute infringements and bear civil, administrative or criminal liabilities according to the behavior and harm caused. of.

"For example, after infringing on the rights of personality, health, and property protected by the Civil Code, you need to bear civil liability." If the methods are bad and harmful, they may face administrative penalties, even criminal penalties.

　　Chu Chenge pointed out that in the past, it was more common in workplace bullying incidents that leaders performed sexual harassment or mental harm to employees.

The incident of "company employees being scalded with cigarette butts by executives" is not a regular and long-term sexual behavior, so it should be characterized as a general injury behavior and bear corresponding responsibilities in accordance with the results of judicial appraisal.

"At present, the public security organs have filed a case on the basis of intentional injury, and it is not ruled out that they may constitute insults.

　　Chu Chenge reminded that if you are bullied in the workplace, you can defend your rights in accordance with the relevant provisions of the Civil Code, Public Security Administration Penalty Law, Labor Law, and Criminal Law.

In judicial practice, such cases are generally "mediation-oriented, and the litigation is terminated." If the unit, the public security organ or the people's mediation committee cannot mediate, the litigation channel can be selected.

　　"In fact, there are more hidden types that are extremely harmful in workplace bullying incidents." A psychologist from Shaanxi Normal University pointed out, such as being picky at work, being negatively'looked at it', and being arranged. Overweight work, etc., due to the relatively hidden form, many practitioners do not know when they are being bullied.

These "invisible bombs" buried deep in the workplace will cause great harm to the parties' bodies and minds.

"To avoid bullying in the workplace, it is necessary to strengthen the self-protection awareness of practitioners and the improvement of relevant laws and regulations."

　　China Youth Daily and China Youth Daily reporter Sun Haihua Source: China Youth Daily

　　Version 02 on March 26, 2021