There Are A Lot Of Contradictions And Incidents In Enterprises.

Over the past year, enterprises

There have been endless conflicts, including the Alibaba's "moon cake gate" incident.

As a way of managing employees, employment punishment has always been a common tool for many management staff. The fact is that improper use of this "sharp weapon" may bring "trouble" to enterprises.

The Shanghai Law Association's labor law business research committee discussed the issue of enterprise employment punishment.

Case 1: in May 2016, a female white-collar worker used a taxi software to call a car to work.

The driver had been waiting for a long time and had not waited until the white collar paid the fare until second days.

During this period, the driver called several times, and the cell phone number she used to call the car was always in the state of no answer.

After that, the driver found her company according to the location of the white collar.

At the beginning, the company's front desk refused to provide the driver with in-house telephone to help find people, but the driver's firm attitude drew the company's HR.

After knowing about the matter, HR found the white collar through the mobile phone number and urged him to pay the 36 yuan fare of the previous day.

The fare has been paid, but it is not over yet.

Out of the driver's expectation, the white collar was expelled from the company after that.

Case two: in February 14, 2012, employees reported that at two o'clock on the morning of 12, two people secretly entered the kitchen of the Peace Hotel to steal articles.

After checking the surveillance video, it was found that the two were Xiao Zhang and Xiao Wang, the receptionist of the hotel switchboard. Two people later admitted in writing that they had taken two apples in the kitchen.

According to the hotel "

The regulation stipulates: "stealing or embezzlement of hotels, guests, employees' belongings, money and other things, and dismissal". The hotel then terminated the labor contract with the two party.

However, Xiao Zhang and Xiao Wang thought they were hungry when they were on duty. They went into the kitchen and went to fetch two apples, but the value of apples was low.

Analysis: lawyers first made clear the legal basis of the right to disciplinary management of enterprise employment.

There are three main points of view: first, the inherent right theory: in order to maintain the law of work and the order of operation, enterprises have the right to manage employees, of course, also known as labor autonomy.

Two, the contract says: the enterprise's punishment for employees depends on both sides.

The act of making an appointment is limited.

Three, to maintain enterprise order, it is said that enterprises must maintain the order of enterprises, make general rules, and impose disciplinary sanctions against the violating workers according to the rules laid down by them. At the same time, employees also have the obligation to abide by them. That is to say, disciplinary actions should be carried out according to the relevant rules and regulations of the company.

A lawyer suggested that the duty of labor is the basis for the punishment of enterprise employment management.

Industry habits, industry practices, rules and regulations, labor contracts are the basic norms of punishment.

Considering the issue of disciplinary power, we should not only look at obligations, but also rights, such as property rights.

When personal behavior affects the property rights of enterprises and the profits of enterprises, employees should also be obliged to revise their behaviors.

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