It's time to put an end to 'infringing management'
2023-04-07
Recently, chat records from work groups suspected of "employees angry with leaders forcing overtime arrangements during the Qingming Festival" have been widely circulated online; On April 6th, according to a report by the Workers' Daily, a company's regular meeting used the excuse of "finding a mole" to raid employees' mobile phones, causing a heated discussion among netizens... The relevant departments have intervened in the above events, hoping for a clear result soon. During the fermentation process of the incident, a large number of netizens applauded those who dared to defend their rights, but also suffered a lot from the phenomenon of "daring to be angry but not daring to speak up" about workplace infringement. From the two incidents of infringing on the legitimate rights and interests of workers mentioned above, one employee has resigned and the other has been dismissed. Faced with "infringing management" and employees taking action to protect their rights, can they only choose to "leave" themselves? Employee rights protection is a legal right and should not be a last resort. For employees working overtime, the Labor Contract Law stipulates: "Employers shall strictly implement labor quota standards and shall not force or indirectly force employees to work overtime." For the processing of personal information, the Personal Information Protection Law specifies clear circumstances and stipulates that if personal information is processed based on personal consent, the consent shall be voluntarily and explicitly made by the individual with full knowledge, and the individual has the right to withdraw their consent. There are also detailed provisions in relevant laws and regulations regarding the legal responsibilities to be borne for illegal processing of personal information. Even if there are explicit provisions in the law, incidents of infringing on the legitimate rights and interests of workers, which make the workplace "workers" complain, still occur repeatedly. On the one hand, some employers often emphasize the "management" aspect in their management, neglecting the respect and care for workers, and even crossing the red line of the law and adopting a "mandatory management" approach, infringing on the legitimate rights and interests of workers. On the other hand, in the context of the current severe employment situation, workers who are already on the relatively vulnerable side choose to "tolerate as long as they can" in the face of "infringing management". Otherwise, even if they do not resign, they will still face a "dilemma" in their original unit. This "silence" further promotes the spread of the "infringing management" trend, making many infringers take it for granted. Protecting workers' rights not only requires courage, but also confidence. This confidence comes from the attention and support of the whole society, especially the rule of law. After these two pieces of news were exposed, the price paid by rights defenders was not significant. Regulatory authorities should regard it as a rare clue, actively fulfill their responsibilities, actively understand and listen to the voices and demands of grassroots employees, and cannot stop investigating illegal and irregular behaviors of employers. Strict punishment should be imposed in accordance with the law, and information should be promptly disclosed; When necessary, the judicial department can also intervene in a timely manner to support workers in safeguarding their rights, while increasing the cost and cost of infringement, and improving the efficiency and effectiveness of safeguarding the legitimate rights and interests of workers. Employers should not take any chances in infringing on the legitimate rights and interests of workers, but should respect the law, adhere to the principle of putting people first, actively adapt to and keep up with the requirements of high-quality development in the new era, use legal, scientific and efficient mechanisms for management, and make employee care work a routine. Otherwise, blindly pursuing the 'strong twisted melon' may backfire. (New News Agency)
Edit:Ying Ying Responsible editor:Shen Chen
Source:jcrb.com
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