Is It Reasonable For Employees To Make Mistakes In Public Places?

　　 Q: employees make mistakes in public places (such as violation of public order, morality, etc.), enterprises Additional punishment Is it reasonable?

Answer: improper behavior of employees in public places, whether enterprises can punish them should be discussed in different cases. If the employee is acting improperly in public places during the performance of his duties, such as going out to work or during a business trip, the enterprise can punish him according to the rules and regulations. If employees are in their spare time, they behave unfairly in public places or even be subject to administrative penalties. We tend to believe that enterprises generally do not punish employees in such a situation. Unless the employee's misconduct has a serious negative impact on the image and reputation of the enterprise, the company can punish employees according to the corresponding provisions in the rules and regulations.

Q: can enterprises regulate employees' behavior outside the working hours and outside the workplace?

A: This is a cliche problem. In summary, what is the boundary of enterprise management right? Laborers sign labor contracts with employers, establish labor relations, and spanfer their labor in exchange for remuneration within working hours. Labor relations are both property and personal, equality and dependence. The personal nature and attachment of labor relations are embodied in the fact that employers have the right to manage workers, but this management right is not unlimited. The management rights of the employing units should be limited to working hours, workplaces and matters related to work contents.

Generally speaking, employing units are Worker Spare time life has no right to interfere. However, when the worker's improper work hours is enough to affect the employment of the employer, the employer has the right to deal with it. Administrative penalties, such as workers' violation of traffic regulations and administrative fines, are generally not authorized by the employer to interfere. However, if the laborers are subjected to administrative detention for certain behaviors, many employers' staff manuals stipulate that employees are subject to administrative detention and can rescind labor contracts. Why is there a different way of dealing with that? It is because the behavior of the latter is primarily a serious violation of the law of public security management punishment, and secondly, it has a substantial impact on the employment management of the employing units. Labourers are unable to work when they are in administrative detention. There is a view that unjustifiable absenteeism is a subjective reluctance to attend attendance on the part of a laborer who is objectively able to attend. We believe that when a worker implements a violation of the law of public security management punishment, he should foresee that he will be unable to attend his duties due to administrative detention, but he still laissez faire this result. Therefore, workers who are unable to attend their duties by administrative detention can not be attributed solely to objective reasons.

We suggest that employers should manage their employees effectively within their own management and do not extend their managerial skills too long.

　　 Q: what way can foreign employees in China think that their rights and interests are damaged? Rights protection ?

A: a foreigner working in China needs to apply for a work permit, but in reality there are foreigners who have not worked for employment cards in China. Interpretation of the Supreme People's Court on Several Issues concerning the application of laws in labor dispute cases (four): the fourteenth provision states: "foreigners and stateless persons fail to obtain employment certificates in accordance with the law, that is, sign labor contracts with employers in China, and the residents of the Hongkong Special Administrative Region, the Macao Special Administrative Region and Taiwan do not have employment certificates in accordance with the law, that is, sign labor contracts with the mainland employing units. If the parties request confirmation of the existence of labor relations with the employing units, the people's court shall not support them. A foreigner holding a foreign expert certificate and obtaining a foreign expert's permit to work in China and establishing employment relations with the employing units in China may be regarded as labor relations. Therefore, a foreigner who handles the work permit belongs to a labor relationship with the employing units in China, while a foreigner who does not apply for employment permits does not belong to the labor relations with the employing units in China. A foreigner who has a labor relationship may apply for labor arbitration if he considers that the labor rights and interests have been damaged. Through arbitration and litigation to safeguard their legitimate rights and interests.

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