The Company Forbids Employees To Fall In Love And Break The Law.

In order to prevent work efficiency or worry about internal collusion, many companies prohibit the company employees from falling in love. In fact, such a provision violates the legitimate rights of employees and violates the rules. Legal provisions 。

After graduating from college in 2013, Xiao Xue entered a IT company. His post is a planner, who is responsible for the design of publicity website, and Chen Zihao is a software development programmer of the company. Zi Hao, who fell in love with snow at first sight, has loved her since she joined her career. After six months, Xiao Xue and Zi Hao came together. But the company's employee brochure clearly stipulates that "the company prohibits employees from falling in love, and once it is discovered that one person must leave the company". Two people all know that such a rule, so they have been afraid to open relations, in the company carefully talk about "underground love".

In the beginning of 2016, the news that the two of them were preparing to get married still spread all over the company. One day in March, the director of human resources of the company called two people to the office, saying that in one month, one of the two people must leave the company, so that Zi Hao and Xiao Xue could decide for themselves who to go and who to stay. The two men were very angry about it. They did not understand why the company had to make such a rule and refused to leave. A month later, Xiao Xue received the release from the company. Labor contract The notice asked her to complete the work within ten days and to complete the exit formalities.

The news that Xiao Xue was friendly and active, and that she was forced to leave, caused many employees' dissatisfaction. Everyone sympathized with the situation of Xiao Xue and Zi Hao. At the same time, he also questioned whether the regulations on prohibiting internal staff's love affairs in the employee handbook were legitimate. Employee manuals, rules and regulations, as internal management documents of the employing units, could not, of course, restrict the freedom of marriage and freedom of employees.

People's Republic of China General principles of civil law "The 103rd article stipulates that" citizens enjoy autonomy in marriage, prohibit the purchase and sale, arranged marriages and other acts of interfering in the freedom of marriage. " Article 1 of the marriage law of the People's Republic of China stipulates that "marriage system with freedom of marriage, monogamy and equality between men and women" shall be stipulated.

At the same time, according to the nineteenth interpretation of the Supreme People's court's interpretation of several issues concerning the application of law in labor dispute cases, "the rules and regulations formulated by the employer in accordance with the fourth provisions of the labor law through democratic procedures, which do not violate national laws, administrative laws, regulations and policies, have been publicly declared to the workers, and can serve as the basis for the people's courts to try labor disputes cases."

According to the above laws and regulations, employers have the right to make rules and regulations or staff manuals according to their actual conditions through legal procedures, but the contents can not be violated by the state's mandatory legal provisions.

Let's go back to the case of Xiao Xue and Zi Hao. In the employee handbook of the employer, it is illegal and invalid for the company to prohibit employees from falling in love and once they find that one person must leave the company.

This reminds employers, staff manuals, rules and regulations are the enrichment of corporate culture and enterprise strategy, and also a guide for employees' behavior. But the contents can not violate the legitimate rights of employees, nor exceed the bottom line of the law. For labourers, if they find that the employer's rules and regulations and employees' manuals are clearly illegal, they can be reflected through the trade union or directly to the employer, and suggest amendments.

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