The Reason Why Employees Wear Clothes Is Free.

Q: can employees shape their employees when recruiting?

A: what is employment discrimination? The ILO Convention on the elimination of discrimination in employment and occupation in 1958 defines a discrimination in employment: "any distinction, exclusion or preferential treatment which has the effect of cancelling or damaging equal employment or occupational opportunities or equal treatment on the basis of race, color, sex, religion, political opinion, ethnic origin or social origin."

The third article of the Employment Promotion Law of China also stipulates: "workers enjoy equal employment rights and independent employment rights according to law.

Workers are not discriminated against because of ethnic, racial, gender, religious beliefs and so on.

Therefore, enterprises usually do not make special requests for the candidates' appearance and dress style when recruiting, otherwise they belong to a broad sense of employment discrimination.

The Convention on the elimination of discrimination in employment and occupation in 1958 also agreed that "discrimination, exclusion or preferential treatment for a specific occupation based on its inherent needs should not be regarded as discrimination."

Therefore, for some special jobs, especially those requiring external contact with customers, the enterprises make necessary and reasonable requirements for their attire, such as wearing clothes.

We do not think this is a discrimination.

Because at this time, employees not only represent their individuals, but also represent the image of their enterprises.

Q: can employees dismiss employees due to changes in appearance or body size (such as accidents, etc.) and not meeting the requirements of enterprises?

Answer: the termination and termination of labor contract in China follows the mode of statutory termination and termination, that is, only when the employee is in compliance with the statutory termination or termination, the employer can terminate and terminate the labor contract with the employer.

The appearance of employees or the change of body shape and not meeting the requirements of enterprises are not the reasons for the termination and termination of labor contracts stipulated in the labor contract law.

Therefore, enterprises can not simply dismiss employees by changing their appearance or body size and not meeting the requirements of the enterprise.

However, when the appearance or body size of the employee changes, it is not competent for the job. After training or post adjustment, it is still not competent for the job.

Enterprises can be based on

The fortieth clause is to terminate the labor contract.

However, this situation only occurs in some positions that require special appearance or shape. For general enterprise posts, the appearance or body shape changes are not enough to identify that they are not competent for work, otherwise, they will create employment discrimination.

Q: can employees dismiss employees if their dress styles do not meet the requirements of the enterprise and their employees refuse to change?

A: we can not generalize about this issue. We need to comprehensively judge the factors based on the nature of the enterprise, the requirements of the staff post and the rules and regulations of the enterprise.

First of all, we need to look at the nature of enterprises. Some of the top 500 enterprises in the world have requirements for all employees to dress at work. They must wear formal clothes. This is a symbol of corporate identity.

We think this is also a reasonable requirement of the enterprise, and the employee should follow. Maybe the employee chose the enterprise based on its bright corporate image.

Secondly, we need to see the requirements of the post. Some positions, such as programmers, product engineers, and so on, do not require much contact with the outside world. We think it is unreasonable for the enterprises to make special requests for their clothes.

Of course, employees can not work in fancy clothes.

For some jobs that need external contacts, such as sales, flight attendants, security guards, bank staff, etc., they represent the image of the enterprise externally, and the dressing of these positions will have a certain impact on the work itself.

We believe that enterprises can make certain demands on the dress of these employees.

Finally, we need to look at the rules and regulations of enterprises. Enterprises need to terminate their labor contracts based on rules and regulations.

In the enterprise rules and regulations, how do we deal with the behavior of refusing to change when the dressing is not in line with the requirements of the enterprise? Is there any corresponding provision in the regulation? Is the rule making a democratic procedure? Is it reasonable? These are the factors that need to be considered.

Therefore, enterprises can not simply dress their employees and do not conform to the requirements of enterprises, and employees refuse to correct their dismissal employees.