Does the labor law control leaders insulting employees?

"People's Republic of China (PRC) Labor Law" has relevant provisions on employers insulting employees, and the relevant responsible persons will be held accountable. At the same time, it violated the second paragraph of Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law and was suspected of publicly insulting others.

The law provides that:

1. Article 96 of the Labor Law of People's Republic of China (PRC) * * * If an employer commits one of the following acts, the public security organ shall detain the responsible person for not more than 15 days, impose a fine or give a warning; If the case constitutes a crime, the responsible person shall be investigated for criminal responsibility according to law:

1. Forced labor by means of violence, threat or illegal restriction of personal freedom.

2. Insult, corporal punishment, beating, illegal search and detention of workers.

2. Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law has one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:

1, writing threatening letters or threatening the personal safety of others by other means;

2. Publicly insulting others or fabricating facts to slander others;

3. Fabricating facts and falsely accusing others in an attempt to subject others to criminal investigation or public security administration punishment;

4. Threatening, insulting, beating or retaliating against witnesses and their close relatives;

5. Sending obscene, insulting, threatening or other information for many times, interfering with the normal life of others;

6. Peep, sneak shot, eavesdrop and spread others' privacy.

Extended data:

situation

A decoration company in Zunyi City, Guizhou Province was subjected to humiliating corporal punishment by the leader because its employees did not complete their performance, which attracted attention. 165438+1On October 4th, the Honghuagang Public Security Bureau of Zunyi City reported that the company did insult and physically punish its employees, and the person in charge of the company had been detained and punished by public security.

101October 3 1 day, some netizens broke the news that a decoration company in Zunyi City had done corporal punishment projects such as eating bugs and drinking toilet water in order to let employees complete their tasks. A live video of the company's corporal punishment of employees was also circulated on the Internet. From the video, we can see corporal punishment such as flogging and drinking yellow liquid.

Netizens said that the person in charge of the company was present at the time of the incident and sent the video to the group. At present, the video leaked, which caused losses to the company, and the person in charge of the company threatened to investigate its criminal responsibility.

165438+1On October 4th, Honghuagang Public Security Bureau reported the case that a decoration company in Zunyi punished its employees. "Recently, some netizens gave feedback on the Internet: Chunsheng, Yinhe Road, Honghuagang District, Zunyi City, had an insulting corporal punishment on employees who did not complete their work tasks. Honghuagang Branch of Zunyi City Public Security Bureau attached great importance to it and immediately conducted an investigation. "

According to the circular, after preliminary verification, the company did insult and physically punish employees in order to achieve the sales target. According to the second paragraph of Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law, it is suspected of publicly insulting others. 1 1.3, Honghuagang Public Security Bureau imposed public security detention on Guo, Cai and Huang, heads of the company 10, 10 and 5 respectively. At present, the case is under further investigation.

Judging from the news reports in recent years, some companies do punish employees for improper performance, such as "employees kneel and crawl in the street to encourage them to achieve sales performance", "employees are punished by kneeling at the door of the store when they fail to complete sales tasks", "bank employees are spanked in public" and "employees with poor performance eat live bread worms in public", which have attracted public attention many times.

The column "Seeking Truth" reminds that it is understandable for companies to encourage employees to increase their performance, but at the same time, they should also pay attention to respecting employees' personality and not infringing on the rights and interests of others. The company's corporal punishment of employees is not only suspected of violating the public security punishment law, but also violating Article 96 of the Labor Law of People's Republic of China (PRC):

"The employing unit has one of the following acts, and the public security organ shall impose detention, fine or warning on the responsible personnel for less than fifteen days; If the case constitutes a crime, the responsible person shall be investigated for criminal responsibility according to law: (1) forcing labor by means of violence, threat or illegal restriction of personal freedom; (2) Insulting, physically punishing, beating, illegally searching and detaining laborers. "

If employees encounter similar situations, it is recommended to protect their rights and protect themselves according to law.

Baidu Encyclopedia: People's Republic of China (PRC) Labor Law

Baidu Encyclopedia: People's Republic of China (PRC) Public Security Administration Punishment Law

People's Daily Online: The person in charge of insulting corporal punishment of a company in Zunyi, Guizhou was detained.