[Civil Code Publicity Week] How does the Civil Code protect the legitimate rights and interests of workers? Let's have a look!
Time: June 1, 2023 Author: News source: [Font size: large | in | Small 】
The promulgation of the Civil Code of the People's Republic of China marks that China's protection of civil rights according to law will enter a new stage. How does the Civil Code protect the legitimate rights and interests of workers? Let's take a look through a few small cases!
Zhang, who is engaged in dishwashing in a restaurant, has not received corresponding remuneration since this year. Zhang appealed to the People's Court of a certain district after being urged to recover the money. After examination, the court confirmed that the restaurant had issued a debt note to Mr. Zhang for unpaid labor remuneration, and decided that a restaurant should pay Mr. Zhang the corresponding labor remuneration. In this case, Zhang provided corresponding labor services for the restaurant, but failed to obtain labor remuneration, which violated Zhang's right to obtain labor remuneration. In addition to bringing a lawsuit to the court, workers who fail to get paid can also protect their legitimate rights and interests by complaining to the local labor supervision department and applying to the procuratorial organ for supporting the lawsuit. Article 176 of the Civil Code of the People's Republic of China stipulates: "The civil subject shall perform civil obligations and bear civil liabilities in accordance with the law or the agreement of the parties."
Article 579 of the Civil Code of the People's Republic of China stipulates: "If a party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may request payment." Xiao Wang is an employee of a supermarket. The supermarket stipulates that all employees must be searched by the security after work and carry bags before leaving. When Xiao Wang was on duty the first day, the security guard asked to check his handbag, but Xiao Wang refused. Later, the company dismissed Xiao Wang for violating the supermarket system and disobeying the arrangement. Employees' handbags belong to their personal belongings. Forcible search without his own consent is an infringement of the personal rights of natural persons. In addition, the relevant state organs can inspect for specific reasons, while other units have no right to inspect without legal authorization. It can be seen that the internal system formulated by the supermarket is invalid, and it is illegal to dismiss Xiao Wang for this reason. Article 103 of the Civil Code of the People's Republic of China stipulates that "natural persons enjoy the right to the body. The physical integrity and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the physical rights of others." Article 1011 of the Civil Code of the People's Republic of China stipulates: "If the freedom of movement of another person is deprived or restricted by illegal detention or other means, or another person's body is illegally searched, the victim has the right to request the perpetrator to bear civil liability according to law." Liu employed Xiao Zhao, a part-time worker, to do housework. Liu failed to perform the obligation of reminding Xiao Zhao to do a good job in safety protection due to the potential safety hazard of a window in his home. In the process of cleaning the window glass, Xiao Zhao accidentally fell from the windowsill on the second floor of Liu's house, resulting in hand and leg fractures, which cost more than 30000 yuan for treatment. Xiao Zhao suffers damage, does Liu have to bear the responsibility? Liu, as the party receiving labor services, failed to fulfill certain safety reminding obligations, and did not take protective measures. There was a certain fault, so he should bear the responsibility corresponding to the fault. In this regard, the microscopic examination reminds all workers to pay attention to their own safety when engaging in relatively dangerous work to avoid being injured. At the same time, the receiving party should also assume the corresponding responsibility, fulfill the obligation of reminding, and improve the security measures! Article 1192 of the Civil Code of the People's Republic of China stipulates: "If a labor service relationship is formed between individuals, and the party providing the labor service suffers damage due to the labor service, it shall bear corresponding liabilities according to the respective faults of both parties."
