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Does the company have the right to go to the public security bureau to check employee information?
According to Article 100 of the Criminal Law of People's Republic of China (PRC), a person who has been criminally punished according to law shall truthfully report to the relevant unit that he has been criminally punished when he joins the army or is employed, and shall not conceal it. A person who was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years shall be exempted from the reporting obligation stipulated in the preceding paragraph.
However, if the company wants to know whether employees may have criminal records, it can ask employees to provide proof of no criminal records (issued by the police station where the household registration is located) during the recruitment process. For employees who have already joined the company, we can inform employees that they need to provide proof of no criminal record by formulating company rules and regulations. If the on-the-job employee refuses to provide it, he can only be transferred or resigned according to whether the work needs no crime.
Extended data:
/kloc-The criminal records of criminals before the age of 0/8 will be sealed to protect the rights and interests of minors:
According to Article 286 of the Criminal Procedure Law of People's Republic of China (PRC), if a person was under the age of 18 at the time of committing a crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed.
If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
"Criminal record information management and inquiry" The criminal record information management organ shall provide criminal information inquiry services to the society in strict accordance with the qualifications and conditions stipulated by laws and regulations such as continuing education, enlistment and employment. If a staff member fails to provide information as required, or intentionally provides false or forged information, if the circumstances are serious or cause serious consequences, the responsibility of the relevant personnel shall be investigated according to law.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law
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