How is it that a man is expelled from the company on a business trip?

On March 10, Shenyang police took Mr. Niu away from the hotel, informed him that he was suspected of a case, and then put him in the detention center.

On March 14, Hunan police took Mr. Niu back to Shimen County Public Security Bureau. March 15, "questioned me day and night, saying that I caught it wrong."

On March 16, Mr. Niu contacted the company in Zhuhai, but was told that his absence from work affected the company's business.

Just one week after being arrested, wrongly arrested and dismissed, the experience of Mr. Niu Ren, a 22-year-old from Chang 'an District of Xi City, is incredible. What he is most concerned about now is who to find to make up for his loss in reputation and work.

Party: I went to Shenyang on business and was taken away and detained by the local police.

Niu, 22, from Chang 'an District. Before March this year, he was a salesman of a company in Zhuhai. He was sent to Shenyang on business on March 9. On that day, he arrived at his destination by plane and stayed in a hotel.

On March 10, Shenyang police took Mr. Niu away from the hotel. After a brief inquiry, they told him that he was suspected of a case and was pursued by the Shimen police in Hunan. Subsequently, Mr. Niu was put into Shenyang Railway Detention Center.

Mr. Niu said that he spent four days in the detention center. On March 14, the police in Shimen County, Hunan Province rushed to Shenyang and took him away. After a long-distance train and bus, he was taken to Shimen County Public Security Bureau in Hunan Province on March 15. "After questioning me for a day and a night, they said that they had arrested the wrong person and asked me to leave."

Yesterday morning, the reporter of Huashang Daily saw that the Notice of Release presented to Mr. Niu by Shimen County Public Security Bureau said: The detainee has been executed and is now released according to Article 15, paragraph 1 (1) of the Criminal Procedure Law because of improper coercive measures.

The reporter from Huashang Daily contacted the case handlers of Shimen County Public Security Bureau in Hunan Province. The other party said that the case was committed in many places and belonged to a gang. Qinghai, Inner Mongolia and other provinces are investigating the case. During the investigation, the police found that Mr. Niu was involved in the case, so he pursued it online. After being brought to justice, I found that I caught the wrong one and released it in time.

"It may be that Mr. Niu's identity information has been stolen." The police investigating the case said that after Mr. Niu was released, the online pursuit information was quickly revoked.

Company: I have been recruited and will not resume my job.

On March 16, Mr. Niu left the Public Security Bureau of Shimen County, Hunan Province. Shimen County Public Security Bureau showed him a release notice. "They said they were sorry and gave me 1000 yuan, saying it was my return trip."

Mr. Niu immediately contacted the company in Zhuhai. The company said that because he lost contact for too long, he delayed his appointment with the client and decided to fire him. "I have to go home."

During his few days in Zhuhai, Mr Niu was taken away twice by the police. Every time he explained it, the local police and Shimen county police verified it before letting him leave. "I judged that it should be March 10 chase, because I am fine by plane on the 9 th." Mr. Niu said.

After returning to Ann in late March, Mr. Niu has been at home. "I'm worried about being caught again. Shimen police said at the time that I was suspected of stealing other people's bank cards. In fact, I have never been to Hunan. "

Yesterday afternoon, the reporter from Huashang Daily contacted the person in charge of the personnel department of the company where Mr. Niu had worked before. He said that Mr. Niu lost contact after he arrived in Shenyang, and it took about three or four days to know that he was taken away by the police station. "Seven or eight days later, he returned to the company, and we learned the exact news. Because of his absenteeism, which affected the company's business, the company terminated his labor contract. "

The person in charge said that so far, the public security has not explained to the company. During Mr. Niu's absence, the company has re-recruited personnel. Although he performed well before, he will not resume his work.

Lawyer: The parties concerned may ask the case-handling unit for compensation.

Is it legal for the company to terminate the labor contract with Mr. Niu?

Li, a lawyer from Shaanxi Province, said: "Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract." Li said that the company should notify Mr. Niu in writing to terminate the labor contract, but Mr. Niu has not received it so far, which is a procedural issue.

Li said that the basis for the company to terminate the contract is absenteeism, and Article 39 of the Labor Contract Law also stipulates that the employer may terminate the labor contract if the employee seriously violates the rules and regulations of the employer. Li said, "Workers who are absent from work or violate the rules and regulations of the employer must have subjective malice. Mr. Niu's loss of contact was caused by the public security organs and did not constitute absenteeism. Therefore, it is illegal for the company to unilaterally terminate the labor contract. "

AG, a lawyer of Shaanxi AG Law Firm, said that if the public security organ exercises the investigation power and wrongfully detains a person who has no criminal facts or has no facts to prove that he is suspected of serious crimes, it is an act of violating administrative authority. The victim has the right to compensation, and the organ making the detention decision is the organ liable for compensation. "The victim can ask him for clarification, apology and compensation."

remind

Report the loss of ID card in time.

Cases of identity cards being fraudulently used after being lost occur from time to time. So, what should citizens do after losing their ID cards?

On the morning of 201610/6, Huang Ming, vice minister of the Ministry of Public Security, revealed that the information system for invalid resident identity cards had been built by the Ministry of Public Security and put into trial operation recently. This means that the ID card will be invalid immediately after it is reported lost.

Yesterday, the relevant person in charge of the Xi Public Security Bureau said that on May 30, 20 12, the newly revised "Resident Identity Card Law" clearly stipulated that the registration of resident identity cards included fingerprint information. 20 13, 13, China began to register fingerprint information with ID cards in an all-round way, and stopped using the first-generation ID cards. "The resident ID card that registers fingerprint information can effectively prevent others from using it fraudulently, and people can register fingerprint information with the public security organ at any time."

AG reminded citizens that if their ID cards are accidentally lost or stolen, they should keep the proof materials for reporting the loss, including the receipt certificate for reporting the stolen ID cards to the public security organs, and the replacement certificate for the lost ID cards to the public security organs, which proves that the original ID cards are invalid, and the new ID cards have different service periods from the original ones, thus playing an identification role.

In addition, in order to avoid legal risks, it is necessary to complete the report of loss reporting, stating that "I will not bear legal responsibility for legal disputes caused by fraudulent use of my ID card", and so on. Such a statement can be used as evidence to defend legal responsibility.