How Company Rules Conform to The Public Order and Good Morals
Principle of public order and good morals is a basic principle of civil law and incorporated into all laws.
The so-called public order, that is, the general interests of society, including national and social interests, national macro-policy and economic order. The so-called good morals, that is, the general moral concept or good moral style, including social morality, professional ethics, family virtues, personal character and other good customs.
Professor Liang Huixing pointed out that the violation of public order and good morals is divided into the following types:
1. Endangering the national public orders;
2. Endangering family relations;
3. Violating sexual morality;
4. Aleatory acts that are not bound by law;
5. Violating human rights and personality rights;
6. Restricting economic freedom;
7. Violating fair competition;
8. Violating protection of consumers' rights and interests;
9. Violating labor protection;
10. Exorbitant profiteering.
Company rules that violate public order and good morals are invalid in accordance with Interpretation (IV) of the Supreme People's Court of Several Issues on the Application of Law in the Trial of Labor Dispute Cases（Exposure Draft）.
Rationality of company rules reflects public order and good morals in the judicial practice of Jiangsu Province.
It is the basic national policy to apply family planning. The relevant judgment showed that the employer may terminate the labor contract if employees violate the family planning policy as long as company rules are provided.
In one case, company rules provide that using work computers to save, browse pornographic videos or pictures is against professional ethics and public order, the company fired legally in that type of situation.
For instance, the core values of socialism require citizens should set up a correct viewpoint of family value and should not interfere between a couple. Therefore, if company rules stipulate that the employees acted with misconduct (including but not limited to extramarital love, home-wrecker, shirking their family obligations, gambling, etc.), the employer may immediately terminate the labor contract without paying for compensation.
Another example, company rules provide that employer may terminate the labor contract if one's subordinate materially breaches the rules. However, collective punishment (including those superiors) is clearly beyond the ability of employees to perform their duties, essentially requiring them to assume unlimited responsibility for each other's loyalty and professional conduct, ignoring the complexity of human nature. Such rules undermine good interpersonal relationships and good morals.
In accordance with Labor Contract Law of the People's Republic of China (2012 Amendment)，where an employer formulates, amends or decides rules or important events concerning the remuneration, working time, break, vacation, work safety and sanitation, insurance and welfare, training of employees, labor discipline, or management of production quota, which are directly related to the interests of the employees, such rules or important events shall be discussed at the meeting of employees' representatives or the general meeting of all employees, and the employer shall also put forward proposals and opinions to the employees and negotiate with the labor union or the employees' representatives on a equal basis to reach agreements on these rules or events.
Once company rules violate laws or regulations, thereby harming the employees' rights and interests，the employee can dissolve Labor Contract and shall be paid severance pay based on the number of years worked with the employer at the rate of one month’s wage for each full year worked.
The law is an art of kindness and justice.Aristotle said that the rules for restraint are not for slavery.
The American professor Arlie Russell Hochschild put forward the concept of Emotional Labor as early as 1983, and she believed that Emotional Labor could occur in any industry and position. If an employee is overworked for a long time, will he or she performs well enough to achieve a positive impact on productivity? If an employee shows up at work but contributes nothing, will the company get benefits and efficiency? Humanized management, to give employees humane loving care, is a sensor and the key of public order and good morals.
Here's the case to test your reading comprehension skills.
An employee poured the rice when he found a small stone in the meal, triggering the employee's dismissal. The company in Shenzhen fired the employee for this reason many years ago.
In response to the call of the nation to save food, a company in Shanghai stipulated that employees will be subject to dismissal while they deliberately dump free lunches provided by the company three times.
What's your opinion?
If you have any questions or needs, please contact JIANG SU CHANG XING LAW FIRM.