Popularizing Law Education: Workers' "Interest Pmission" Is A Serious Violation Of Discipline.

If workers engage in related procurement, we should pay attention to the following points: 1, as far as possible to avoid themselves involved in the procurement of personal relations; 2, if you need to engage in related procurement, you need to inform the employer of the relationship between the supplier and the relevant party, and get the employer's permission; 3, the price of the related purchase should not be significantly higher than the market price.

Otherwise, workers will be suspected of violating the duty of loyalty, which constitutes a serious violation of discipline.

In July 1, 2012, Xiao Zhu signed a labor contract with BJ shipping company for the period from July 1, 2012 to June 30, 2015. He agreed that he would be the equipment manager, and the annual salary system would be used, with the standard of RMB 320 thousand yuan per year before tax.

Xiao Zhu and the BJ shipping company "labor contract" stipulate that "unless such information is legally circulated in the public domain, Party B shall keep confidential information of the company, and shall not use such information for personal or any third party interests or disclose to any person at any time."

At the same time, in the "Employee Handbook" issued by BJ shipping company to Xiao Zhu, the "punishment policy" section stipulates: "the following circumstances can terminate the labor contract:...

Obtaining or obtaining unauthorized commissions or other benefits or promotions for any company or other individual, firm or company paction. "

In June 2014, BJ found that the legal representative of ZB, the main supplier, was the spouse of Xiao Zhu, and Xiao Zhu was also one of the shareholders of ZB company.

In July 10, 2014, BJ shipping company terminated labor relations with Xiao Zhu seriously violating the contract and company rules and regulations.

Xiao Zhu refused to take the decision of the company's expulsion, and assumed that his procurement was allowed by default by the employer. He then filed a complaint with the local arbitration institution. After the court's first instance, the case was finally rejected by Xiao Zhu.

The term "loyalty obligation" has no written expression in the current labor law system, but in the judicial practice, the term "loyalty obligation" has been mentioned in recent years.

In the judgment of the preceding case, the judicial department has made such a statement: "the honest and faithful duty of the laborer is the legal obligation of the working employee. No matter whether there is an agreement between the laborers and the employing units, how to stipulate the worker's duty of loyalty is the proper meaning in the labor contract.

During the tenure of office, a laborer should be loyal to his duties and diligent in his work and should not have any act that may jeopardize the legitimate interests of the employing units. "

It is obvious that in the labor legal relationship, the employment units and laborers have the characteristics of subordination, and the two have strong personal dependence, which has obvious characteristics of management and management.

Labourers, as the actual managers of the property of the employers, are trusted by the employers. Therefore, the laborers should have the duty of loyalty to the employers. They should be diligent and conscientious in protecting the property and interests of the employers.

Only in this way can the interests of both parties be balanced.

The workers should take loyalty obligation as a yardstick for any behavior, and this case is a violation of this obligation.

In actual work, workers may relate to the procurement work related to their duties, especially the departments responsible for purchasing the duties of the employing units.

We contrast the "accounting standards for Enterprises No. thirty-sixth - Related Party Disclosures (2006)" issued by the Ministry of Finance in 2006 to analyze what is the affiliated party.

In the above provision, it is pointed out that "in a company's financial and business decisions, if one party controls, controls jointly or exerts a significant influence on the other party, and two or more than two parties are controlled, jointly controlled or seriously affected by the other party, the related party shall be constituted."

Similarly, if the workers themselves can affect the purchasing behavior of the company, and at the same time affect the supplier's supply behavior, then such a purchase can be identified as a related procurement.

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Making use of their relationship or influence to make employers familiar with them

Is it necessary for a paction to be a violation of discipline? It should be said that the related procurement of workers within their scope of duties is not prohibited by law itself.

Because related procurement does not necessarily cause damage to interests or interests, and may also bring benefits to employers.

For example, the purchasing department workers use bargaining power and interpersonal influence to purchase a number of products at the price below the market price to their associated suppliers.

Such behavior is fully in line with the requirement of "loyalty obligation".

On the contrary, if the related purchase involves interest pmission or interest damage, it is not permitted by "loyalty obligation".

In the case mentioned in this article, during the period of service, Xiao Zhu listed the labor contract and rules and regulations of BJ shipping company's customer information and quotation information without permission.

The related information, to disclose and conduct business dealings with ZB company, whose legal representative is Xiao Zhu's wife and Xiao Zhu as shareholders, obviously affects the right of the employer to fair market pactions. It is a kind of "interest pfer" related procurement, which obviously violates the requirements of "Loyalty Obligations" and is a serious violation of discipline.

The company decided to terminate labor relations and finally obtained the support of the court.

In the case of this case, Xiao Zhu's position is equipment manager, and has certain responsibilities for recommending and selecting suppliers. He should be loyal to BJ shipping company and keep his professional standards.

The BJ shipping company should also have the right to know when the supplier may conflict with the interests of the company.

In addition, BJ company knew that the specific business registration of ZB company did not mean that the BJ shipping company had already dealt with the matter.

This is very important for the identification of Xiao Zhu's serious violation of discipline in this case.