Recently, have capital the acoustical reporter report to China says the employee east, employee of company demand part is referred inside demarcate date with Beijing east the relative between other employee and classmate relation information, this includes the classmate concern that relation of collateral of lineal, 3 acting less than and elementary school begin among them, if did not carry a newspaper according to actual condition,claim, will regard those who infringe a company as sincere letter principle.
To this, face response weighs Beijing east, this is day-to-day government move. But the privacy that still partial employee states such practice was suspected of encroaching them counterpoises. So, beijing east does the privacy that such practice was suspected of encroaching employee after all counterpoise?
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The requirement reports relation of relative, classmate to bring heat to discuss a netizen: Violate individual privacy
Recently, beijing east issued a announcements to partial employee, write in the announcement, the group is perfecting employee information further at present, be in Beijing to be being put in relative, classmate to wait east the group holds a post, need has the complement of pertinent information.
And these so called pertinent information comprised lineal and consanguineous relation, 3 generation less than is collateral line and consanguineous reach its spouse concern, and the classmate that begins from elementary school concerns. A Beijing that is not willing to disclose a full name east the acoustical reporter that employee tells China, oneself are in Beijing without what relative and classmate east hold a post, such requirement does not have an influence to him. But also many employee express clearly, do not support such way, think such company demand violated their privacy.
Be aimed at this matter, many netizens also expressed his view.
Netizen 1: "My family it may not be a bad idea, my life it may not be a bad idea, it is the thing that attributes my individual private matters one wants to hide, I am impossible also to also want the individual information of family to report you, such word lives to also can cause a few effects to my individual. 2 o'clock is the individual privacy that I feel this may be suspected of encroaching an user. Anyway I feel this thing if I if the word of employee, I won't report information. I won't report information..
Netizen 2: "The company also may have its consideration, but for safe to individual privacy, individual respect, this is to do not have necessary. If it is to need to borrow this to rule whether relevant company interior has a few complex concerns, this also is no point, a lot of people can be written a few false (information) , the company also cannot check fulfil. The company also cannot check fulfil..
Beijing east staff member: Administer act daily, do not be aimed at faculty
The reporter contacted Beijing a few days ago east relevant staff member, staff member response says, be opposite this Beijing east employee relative and classmate relation are combed is move of a day-to-day government, aim to promote management efficiency further, establish a human relationship simple and transparent, rising more fair duty field environment. The staff member still expresses, this announcement is not to be aimed at all Beijing east employee, basically be the administrative layer that faces a company.
Expert: Fundamental condition cannot enlarge laborer of understanding of unit of choose and employ persons indefinitely
Basis " contract law of labor of People's Republic of China " the 8th regulation, 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 was not made clear or say special provision.
To this, professor of sea of Liu Jun of director of institute of commercial law of Chinese people university thinks: "How does the fundamental condition here understand? I think to ought to take the position that demarcate explains, cannot enlarge fundamental condition indefinitely, should arrive when confine only with labor the contract is fulfilled or labor contract concludes direct and relevant fundamental condition. Namely indirect and relevant fundamental condition, unit of choose and employ persons ought not to collect, although use person unit to think collect, laborer also has authority to refuse. Laborer also has authority to refuse..
To Beijing east to partial management layer employee collect includes relative, fellow student inside information, liu Jun sea thinks, this should get the staff of the layer agrees is in administrative not only, also must ask for those who get these relatives related to administrative layer employee and fellow student to agree.
"My individual thinks, to arouse the enthusiasm of employee, the happy feeling that promotes employee, acquire feeling and safe move, if employee announces his sensitive information to give his company of one's own accord, ought to allow of course, and after the interest relative that should gain him agrees, e.g. his college fellow student, Master classmate, high school classmate. But if say, what did not acquire relevant interest relative and staff is double agree, the individual that enlarges employee indefinitely is sensitive the collect limits of information, my individual thought to surmount trade issue to be used to, also transcended the legal bottom line that laborer can accept and psychological bottom line. Also transcended the legal bottom line that laborer can accept and psychological bottom line..
Lawyer viewpoint: Or form violate privacy
As to Beijing east whether is this action suspected of violating employee privacy, solicitor of office of Beijing Yue Cheng's attorney hill of high mountain thinks, basis " labor law " regulation, the enterprise can be collected really a few hold the position of the information related the post with stuff place, but if the information of collect exceeded employee hold a post or say to have nothing to do with the job, involve the information that kisses predestined relationship relation to a few people especially, the privacy that violated employee likely counterpoises.
"Because those likelihoods are the individual private matters one wants to hide that attributes employee, he does not want to let know of someone else place. This moment, mandatory collection can be formed likely violate privacy. Of course, we say to encroach privacy to saw it form a kind to damage even, have damage a fact, have causal. Have causal..
East to Beijing side mentions, the purpose is to purify duty field environment, and be aimed at is layer of company share management, hill of high mountain thinks, basis before the case of enterprise occurrence corruption, collect these information develop to the company and do not have practical effect, be just the opposite to what one wished likely still: "It is more important is a design that depends on a system, after a good system design comes out, even if say these people are to this is planted,the classmate concerns, also can avoid to produce corruption. A bit more additional, although say these nonexistent kissing,the classmate concerns, if the system is designed unreasonable, still can exist corrupt. Still can exist corrupt..
Reporter: Qian Cheng
