14 Women Workers Were Forced To Take Off Their Underwear: A Legal Blind Specimen In The Era Of Rule Of Law.

A few days ago, a leather company in Jiangmen, Guangdong, suspected that a female worker had stolen leather, forcing 14 female workers on the net of the leather factory to take off their underwear to undergo examination. The result showed no one had stolen the leather from the factory. 14 women workers feel their personalities. Great insult We strongly urge the factory to apologize and give a statement.

The workers are changing shifts at 4 p.m. on June 6th. The two women workers who had just arrived at the rye workshop were called to the factory office by the cadres in the factory.

"What did you do away from the factory at noon?"

"I received the school phone call to the children's school."

"Someone reported that you had stolen the leather in the factory, and we are going to search for you now," ordered the director of the present.

So the factory staff took the two people to the next bathroom. Force The two men checked their own underwear, and two women workers were forced to lift their tops and take off their trousers for examination.

Two women workers refused to accept the request and asked the factory to take evidence of the search for the women workers. The director was furious and said that there was no evidence that the factory could inspect anyone at any time, and ordered the other 12 women workers who were working on the artificial dragline to do the same illegal search. inspect 。

The women workers went back to the workshop and had no intention of going to work. Many people were crying all day. After many days of consideration, the women workers complained to the labor arbitration division of Jiangmen Labor Bureau on the 13 th. It is said that the labor department has begun to investigate the matter.

Although there had been some reports about the factory's forced search of the body, there was still some feeling about the news.

From the labor law of 1995 to the labor contract law of 2008, the state maintains the legitimate rights and interests of labourers in various forms in the form of law, and does everything possible to promote the construction of harmonious labor relations. However, from the above incident, it is clear that the labor disputes and rights and interests adjustment within the scope of labor relations have been far removed. As a person in charge of an enterprise, it is impossible not to know that he did not have the right to search, but still wantonly illegally search his employees, which only shows his contempt for the law, showing his "boss" mentality as a tough "management" to the workers. Moreover, the director ordered the illegal search of 12 other women workers, which was a warning and disdain for the resistance of the employees. It was also apparent that the two employees who were starting to face the refusal and rebellion against the illegal search were very dissatisfied.

A few days ago, there was a newly restructured state-owned enterprise. The person in charge asked me whether there were any more severe penalties for the employees who were seriously violating the discipline, in addition to dissolving the labor contract and not paying the economic compensation. I replied, if he breaks a contract, you can ask him to pay the penalty for breach of contract; if his actions cause losses to the company, you can claim damages from him; if he acts on suspicion of breaking the law, you can report it to the judicial department, but you can not do anything about the employee's reputation and so on. It can be seen that the company's psychology of "playing with the palm of the palm" is deeply rooted for employees.

In an era of fierce competition in the market economy, in an era of increasingly sound rule of law, although it is difficult for laborers to find jobs, finding a suitable job is more difficult, and finding a long-term and stable job is more difficult. However, for enterprises, there is still no reason to infringe on the rights and interests of workers arbitrarily. Otherwise, the infringer will be retaliated by the legitimate rights and interests of the victims, and the offenders will also be punished by law.

I guess that, as the law becomes more and more popular today, those responsible for the search of 14 women workers should still know a little bit about the law. They only think they are rich and think they are the boss. They can "have no evidence to check anyone in the factory at any time." Obviously, it underestimated the role and value of law in today's society.

Here, the author enumerates one or two relevant laws and regulations, so as to let the above director Comrade and other managers with similar "backward thinking" to brush up with them, so as to learn, know and abide by the law.

According to the constitution, the freedom of citizens of People's Republic of China citizens is inviolable. It is forbidden to illegally detain or illegally deprive or restrict the personal freedom of citizens by other means, and prohibit the illegal search of citizens' bodies.

According to the labor law, if the employing unit insults, corporal punishment, assaults, illegally searches and detains the laborers, the public security organ shall be liable to detention, fines or warnings for the responsible persons for fifteen days or less. If a crime is constituted, the criminal liability of the responsible person shall be investigated according to law.

According to the provisions of the criminal law, the illegal search of another person's body, residence, or illegal intrusion into another person's residence constitutes an illegal search and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

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Of course, for laborers, with the above-mentioned legal provisions backing up your rights and interests, you should also actively take up the weapons of the law, defend their dignity and protect their legitimate rights and interests.