The netizen explodes makings check scheme
Red star news inquires discovery, " labor contract law " the 8th in the specification that provided worker is compulsory, "Unit of choose and employ persons has authority to know the fundamental condition with laborer and labor direct and relevant contract, laborer ought to explain according to the facts. " but specific " fundamental condition " contain what content, at present jural without clear or special provision, the specific decision criteria that also violates laborer privacy right without unit of formulary choose and employ persons and relevant law are sequential. After classics of red star news retrieves, discover, the province city such as Jiangsu, Shandong, Anhui, Fujian, Shanghai, Beijing ever had come on stage related to this local code, "Laborer and labor contract are direct and relevant " fundamental condition basically includes healthy state, work the content such as quality of limitation of course of study of current situation of skill of experience, knowledge, obtain employment, contest, culture.
After all Beijing east have after all gather employee without the right does the classmate that relation of collateral of lineal, 3 acting less than and elementary school begin concern? Red star news interviewed many jurisprudent hereby, see them how unscramble problem of this one law.
The viewpoint is suspected of encroaching employee privacy right to appeal labor is censorial intervene completely always
Civil code of college of Beijing grain industry learns civil code of associate professor, China to learn Meng Jiang of seminar deputy secretary-general to tell red star news, beijing east this action is belonged to excessive gather employee individual information, the privacy that also is suspected of encroaching employee counterpoises.
"As a result of " labor law " make fixed number of year longer, in the light of worker individual privacy does not have too much regulation in the center, but basis " civil code general principles " " tort liability law " , and " civil code is in charge of (draft) " in the character right that already had independence is made up, will integratedly look, beijing east the individual privacy that behavior was suspected of encroaching a worker counterpoises. Include concern of employee relative, friend, classmate because of collection information, this has been head and shoulders above the individual information that need provides in normal labor. If just be on a few crucial post, for instance financial branch chief, master action bid the sale of information, purchase wait for crucial and sensitive post, the requirement offers the concern such as the spouse that relevant employee holds a post in same company, children, this is understandable. If ask faculty is combed indiscriminately,submit relation information, this is unreasonable. " Meng Jiang says.
Meng Jiang thinks, one outstanding, the working environment that the company that bear the blame ought to give employee to build safe, Shu Xin, cannot encroach the rights and interests of employee because of company convenient management. If employee does not provide these information, the company also has no right to fire with the labor contract between employee, because do not provide these information, can't form remove the reason of labor contract.
If Beijing east this provision is made in company staff system, meng Jiang thinks this kind of regulation also is put in the problem, employee is OK and collective ask or undertake negotiating through in-house labour union, the requirement revises similar provision, help employee speaks the word that they want to say and dare not say; Perhaps appeal to in the future to the court when, with this clause sue for lawbreaking regulation.
"Federation of trade unions of censorial branch, whole nation works to intervene related my appeal, beijing east the big company that is Internet domain, if it stays in such cognitive level to the protection of laborer, that is adverse to laborer. " Meng Jiang says to red star news.
Beijing east the response before this expresses, this action " aim to establish a human relationship simple and transparent, rising more fair duty field environment " , dan Mengjiang thinks, amounting to better to this purpose method is from normative post duty and proceed with of relevant work flow, in company interior implementation law changes processing, perfect company administers a structure, achieve power make judge with the tie, do not send hope Yu Mou 9 people. Next, can pass course of perfect invite applications for a job, the person that accomplishs invite applications for a job accords with post requirement. "Adage says ' lift virtuous do not avoid close ' , should ensure only seek pair of people, have;equal;fitter;fittest;qualified;equal to capacity, even if is kin also has nothing to do with. If fear impact of profit of connected through one's relatives can affect powers and authorities of office really, can be in financial, purchase wait for sensitive post to go up, specific provision husband and wife, children, parents in same the need of a firm work is declared, make special provision to specific crowd, specific limits only " .
The viewpoint is put in bounds between authority of 2 companies know the inside story and employee privacy right
Famous law rich advocate, legal practitioner Guo Xiaoming thinks, beijing east this kind of management pattern that combs relation of employee relative classmate, original intention is the power of know the inside story that achieves an enterprise, but counterpoise with the citizen individual privacy in our country constitution and law however afoul. "Requirement employee provides relative classmate case, do not have legal basis. Although this were not in " labor law " in have prohibit sexual regulation, but disobeyed " civil code " " tort liability law " the regulation that waits for law to counterpoise about privacy. But disobeyed " civil code " " tort liability law " the regulation that waits for law to counterpoise about privacy..
Further explanation says Guo Xiaoming, the enterprise is in process of employee of invite applications for a job, realize company profit to facilitate management is mixed, enjoy know the inside story to counterpoise to a few individual circumstances of employee, for instance setting of means of number of employee full name, age, Id, connection, education, job is experienced etc. These are the basic message that an employee need masters company invite applications for a job, whether to accord with post demand to employee thereby, whether duty of;equal;fitter;fittest;qualified;equal to post has to be sentenced beforehand. But bounds exists between the privacy right of the authority of know the inside story of the enterprise and employee, for instance the domestic member circumstance of employee, sweethearts is engaged the information such as the relation, classmate since elementary school, these attribute individual privacy information.
Have netizen concern, not according to Beijing east whether can be the stuff that the requirement does punished or discharge. To this, guo Xiaoming expresses, basis " labor contract law " regulation, if employee violates system of regulations of unit of choose and employ persons badly, unit of choose and employ persons can remove labor contract. If Beijing east the behavior that thinks employee was not referred on time is belonged to violate company rules system, undertake punishment or discharge to employee thereby, so employee can pass proof Beijing east this action is belonged to violate privacy right, it is illegimate, can block however company punishment or discharge. Break the law when the enterprise remove when the contract, employee can ask to continue to fulfil labor contract, perhaps pay economy to compensate gold. Perhaps pay economy to compensate gold..
Viewpoint 3 main look to whether walk on duty to concern with laborer
Sichuan saves Zheng Wenrui of assistant director of institute of law of social academy of sciences to express, in " labor contract law " in have a regulation, unit of choose and employ persons can understand a situation to the worker, but must demarcate is as direct as laborer and labor contract relevant fundamental condition. If Beijing east the information that the requirement provides, it is the word that passes with labor contract photograph directly, so laborer still has demonstrative obligation. "Usually, offer relative and fellow student relation and fulfill functionary duty to do not have inevitable impact, but also want divisional circumstance look upon, whether the regulations system of the company has a regulation to lead a layer or need to hold a post between the branch together evasive " .
Zheng Wenrui thinks, "On legal clause, show compulsory provision to laborer, itself is not quite clear, used ' direct and relevant ' such relatively ambiguous state, it is relatively difficult that understanding rises. The border of administrative limits of authority that understands a situation to employee to unit of choose and employ persons also is not very clear, this is problem of a valuation, very inaccessible consensus. " the behavior that the company gathers information is rational, basically be from average person understand normally on the meaning, it walks on duty to concern couplet with this laborer after all. In principle will tell, unit of choose and employ persons has relevant choose and employ persons to counterpoise independently, can have relevant government to employee, make relevant regulations system.
" top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems " the 19th regulation, basis of unit of choose and employ persons " labor law " the 4th regulation, adopt the regulations system that democratic process makes, do not violate state law, administrative regulations and policy regulation, and already to laborer fair show, can try the basis of labor dispute case as people court.
Courtyard of law of Normal University of director of research center of Asia-Pacific network law, Beijing teachs Liu Deliang to think, need to limit the privacy that what is laborer above all. Look in him, jural privacy should be with public interest, society the interest does not have immediate impact at the same time a kind of individual information of the reputation that direct remote involves a person or character dignity, it includes but not the individual information that be confined to and sex concern, blemish of orientaton of affection experience, sex, unbeknown great physiology disease, with " individual domain " " individual space " " private life is private " " individual information " wait for a meaning to differ.
So Beijing east the requirement after whether the right enters office in employee provides relative and classmate information? "My individual thinks these do not belong to the limits of jural privacy, be in before duty or offer these information to do not have into duty hind substantially distinction, the enterprise has authority of know the inside story and administrative power, the enterprise knows to harm also won't be caused to the worker after these information, want sequel to did not abuse the happening of information behavior only, do not form so called violate privacy right. " Liu Deliang expresses.
Old willow of Zhao Yu of red star journalist goes
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