Lawyer Gao Peng was invited by Guangdong Economic Television's "Case by Case" program to interpret the protection of employee rights and interests in labor relations
As graduation season approaches, there is a surge in employment enthusiasm, and the highly anticipated new trends in the workplace have attracted widespread attention. Many graduates who are about to enter the workforce have asked questions about work details. To answer the doubts of job seekers, Wang Weijia, a young lawyer at Gaopeng Law Firm, was invited to participate in an interview with Guangdong Economic Television's "Case by Case" program. He conducted an in-depth analysis from a legal perspective on a series of issues, such as the company's requirements for employees to have their own computers, bring equipment to work, and check their phones.
Question 1: Lawyer Wang, is the "big and small week" work system implemented by the company legal?
Answer: The "big and small week" work system generally refers to the work time system implemented by some employers according to their own needs, which is a single week off and the next week off, and is not a legal concept. The implementation of the "big and small week" work system by employers is not necessarily illegal, but they should follow the corresponding rules and regulations and democratic disclosure procedures.
Question 2: Does the company's inspection of employee mobile phones infringe upon personal privacy rights?
Answer: If the mobile phone belongs to an employee's personal belongings, the company's unauthorized inspection of the employee's mobile phone will involve infringement of their personal privacy rights. If the employer allocates office equipment such as mobile phones and work computers for employees based on work needs, employees have no right to use them for purposes other than leisure and entertainment, interpersonal communication, and other non work related purposes. The use of such equipment is public to the employer and does not fall within the scope of personal life. Therefore, the employer has the right to inspect relevant mobile phones and office equipment.
Question 3: Should the company provide subsidies for bringing their own computers to work? How to calculate the money reasonably?
Answer: Subsidies should be paid. Firstly, companies require employees to bring their own computers, which means that workers must provide labor and employers must use computers as a carrier to receive labor. Therefore, computers, as necessary office supplies and production tools, should be considered as labor conditions that employers should provide for workers. Employers using computers as their main production tools should provide office computers to workers. If workers are required to purchase computers at their own expense, they should pay equivalent fees as subsidies.
Question 4: The company stipulates that female employees must wear makeup to work. If they don't wear makeup, their salary will be deducted. What should we do?
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