Due To The Failure To Complete The Task, Corporal Punishment Should Be Taken Care Of By Three Legal Consequences.

A month ago, because of the company's assessment results, I not only failed to complete the whole year's work tasks, or even a big gap, dragged the Department's back legs, so that the Department's year-end bonus was lost, and the head of the Department, Li was in a rage, ordered me to do 100 push ups in front of the staff of all departments, and personally supervised and counted.

Two hours later, I developed hematuria. The initial examination of the hospital resulted in hemorrhage of the kidney and acute lumbar sprain, leading to lumbar disc herniation and intermittent nervous headache. Follow up examinations resulted in serious damage to the nerves in 5 or more parts of the body, serious tear and necrosis of the waist muscles, biceps brachii, bilateral ribs and intercostal nerves.

Corporal punishment for employees includes general corporal punishment and disguised corporal punishment. commonly corporal punishment It refers to punishment or education through the punishment of employees' bodies, especially the pain, common forms, such as beating with hands and feet, fighting with utensils, punishing stations, kneeling, and starishing meals. Corporal punishment in disguised form refers to corporal punishment of laborers other than corporal punishment, such as threats, reprimand, satire, sarcasm, abuse, and making difficulties.

Because the ninety-sixth provision of the labor law stipulates: " Employing unit One of the following acts shall be detained, fined or warnings by a public security organ to a responsible person for 15 days or less. If a crime is constituted, the responsible person shall be investigated for criminal responsibility according to law: (1) force shall be imposed by means of violence, threat or illegal restriction of personal freedom; (two) insulting, corporal punishment, beating, illegal search and detention of laborers.

Article eighty-eighth (3) of the labor contract law also stipulates that "humiliation, corporal punishment, beating, illegal search or detention of workers" shall be imposed by the employing unit, and administrative penalties shall be imposed according to law; if a crime is constituted, criminal liability shall be investigated according to law; and the damage to the worker shall be liable for compensation. That is, corporal punishment of employees must bear three consequences: first, as long as corporal punishment is committed, but no crime is committed, the public security organ can impose penalties on the responsible personnel. Two, if it causes physical injury or mental injury, reputation loss to employees, it must give civil compensation. Three, if a crime is constituted, different conviction and sentencing must be made according to the nature of the act and its consequences.

For example, if used violence Or, in other ways, publicly derogating employees' personality and damaging employee reputation and serious circumstances, they should be sanctioned according to the crime of insult; if intentional injury to employees' bodies, minor injuries may result in imprisonment for three years, criminal detention or control. A person who is seriously injured may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. He shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death penalty if he or she is severely injured or is severely injured.

In respect of the serious injuries referred to, the second provision of the "human body critical injury identification standard" issued by the Ministry of justice, the Supreme People's court, the Supreme People's Procuratorate and the Ministry of Public Security stipulates: "it is a physical injury that destroys human body, destroys people's appearance, loses hearing, loses vision, loses other organ functions or has significant harm to personal health." Because of your corporal punishment based on Li, it has caused serious muscle fracture and necrosis of the lumbar muscles, and has lost its function. The body is seriously damaged by more than 5 nerves. It is a serious injury. It has decided that Lee can not escape responsibility.

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