Recently, when a company in Chengdu, Sichuan was recruiting at the front desk, it clearly required job seekers to have "thick hair", which aroused heated discussion among netizens. Lack of work experience can be accumulated, and lack of ability can be experienced. However, job seekers are too aggrieved to be eliminated due to sparse hair. In fact, in recent years, such "wonderful" recruitment regulations are not uncommon.
From requiring job seekers to "tell their love experience in detail", to "indicate whether they have body odor", and then to "refuse to hire people from a province"... Many requirements that should not be the threshold of work have become "obstacles" in job hunting. But you know what? Some of these "wonderful" regulations and requirements of employers have been suspected of breaking the law. Jiang Junlu, a member of the legal expert library of the rule of law daily and director of Beijing puran law firm, interpreted the legal problems behind the "wonderful" system in the workplace.
Jiang Junlu said that generally speaking, setting employment conditions that have nothing to do with the work content will be recognized as employment discrimination. The requirements of hair volume, region and constellation have nothing to do with the specific position. If the employer restricts entry with irrelevant conditions, it has been suspected of violating the law. According to Article 26 of the employment promotion law, when recruiting personnel and engaging in career intermediary activities, employers shall provide equal employment opportunities and fair employment conditions to workers, and shall not implement employment discrimination. In addition, according to articles 12 and 13 of the labor law, workers are not discriminated against because of their nationality, race, gender and religious belief. If a job seeker encounters employment discrimination when applying for a job, he can bring a lawsuit to the people's court to safeguard his rights.
So, is it suspected of breaking the law when being asked by the employer to answer questions such as "love history" and "whether there is body odor" during the interview?
Jiang Junlu said that the employer has no right to ask questions that are not directly related to labor relations, and job seekers can not answer them. According to Article 8 of the labor contract law, when employing workers, the employer shall truthfully inform the workers of the work content, working conditions, working place, occupational hazards, production safety status, labor remuneration, and other information required by the workers; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it. In other words, although job seekers have the obligation to truthfully explain the basic situation, questions such as "love history" and "whether there is body odor" belong to personal privacy. Job seekers have the right to protect their personal privacy from infringement. If the employer forces the job seeker to answer, they are suspected of violating their personal privacy. According to Article 1032 of the civil code, natural persons enjoy the right to privacy. No organization or individual may infringe upon the privacy of others by means of spying, intrusion, disclosure or publicity.
When job seekers successfully enter the workplace, there will be no more trouble? In fact, the "wonderful" rules and regulations within individual employers also make people "have pain and can't tell". "Female employees are × During the year, such "tricks" as not having children "," having a baby needs to leave automatically "," being fined for not replying to the news of the work group "," being detained for performance after going to the toilet for more than 10 minutes "have really happened.
The right to procreate is a basic human right in China. When and whether women give birth are personal freedoms and protected by law. Jiang Junlu said that according to Article 27 of the employment promotion law, when employing female employees, employers shall not stipulate in the labor contract the content of restricting the marriage and childbirth of female employees. In addition, according to Article 42 of the labor contract law, if a worker is under any of the following circumstances, the employer shall not terminate the labor contract in accordance with articles 40 and 41 of this Law: (1) the worker who is engaged in the operation exposed to occupational disease hazards fails to undergo the pre departure occupational health examination, or the suspected occupational disease patient is in the period of diagnosis or medical observation; (2) Suffering from occupational disease or work-related injury in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or injury not caused by work and within the prescribed medical period; (4) Female workers during pregnancy, childbirth or lactation; (5) Having worked continuously in the unit for 15 years and less than five years from the legal retirement age; (6) Other circumstances stipulated by laws and administrative regulations. In other words, the employer shall not dismiss female employees during pregnancy, childbirth and lactation.
Jiang Junlu finally said that the formulation of rules and regulations of employers needs to go through strict legal procedures and substantive judgment, and a legal rules and regulations must meet the requirements of Article 4 of the labor contract law. According to Article 4 of the labor contract law, the employer shall establish and improve labor rules and regulations according to law to ensure that workers enjoy labor rights and perform labor obligations. When formulating, revising or deciding on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, the employer shall discuss with the staff and workers' Congress or all staff and workers, put forward plans and opinions, and negotiate with the trade union or staff and workers' representatives on an equal footing. During the implementation of rules and regulations and decisions on major matters, if the trade union or employees think it is inappropriate, they have the right to put forward to the employing unit for modification and improvement through consultation. The employing unit shall publicize the rules and regulations and major decisions directly related to the vital interests of workers, or inform workers.