"Toilet compartment installation monitoring": employees "smoking" less than the company's "peeping" fault ｜ Time review

Text/Zhang Yusheng

Recently, a company toilet compartment was monitored by a company. On September 13, the relevant staff of AVIC Lithium Electric (Xiamen) Technology Co., Ltd. responded to Red Star reporters that they were installed only this year to monitor employees to smoke. In this regard, Lawyer Fu Jian, Henan Yulong Law Firm, believes that the company's installation of cameras in the non -public area of ​​the toilet, whether it is safe or easy to manage, has seriously infringed the privacy of employees. Employees can ask the company to demolish monitoring equipment, and they can also report and complain to the labor supervision department. (Red Star News on September 14)

The toilet is a place where people solve the internal emergency and are the most privacy involved in the toilet. A company in Xiamen was installed in a toilet compartment, which is undoubtedly a blatant violation of the privacy of employees. These illegal moves have been criticized for public opinion.

According to the company's response, the move was "monitoring employees smoking." According to the online video, several employees squatted in the toilet and smoked cigarettes and played mobile phones. The camera clearly shot every action details of the employees, and the video also clearly marked the time and place of "incident". This may be possible to provide "solid" evidence for the company's punishment decisions such as "fired, remembered, and clear performance". However, from the legal level of interpretation, the "smoking" of employees is far less than the company's "peeping privacy" error: if the former is a violation of factory regulations, then the latter is a typical illegal infringement act. It is clear at a glance.

Many laws in my country have clear "prohibition" regulations on the shooting and peeping behavior of not permitted by the parties. The "People's Republic of China" stipulates that "natural persons enjoy privacy. Any organization or individual may infringe on the privacy of others in the way of stabbing, invasion, leakage, and public. Private space, private activities, and private information ";" Except for other provisions or rights holders clearly agreed, no organization or individual may perform the following behaviors: shooting, peeping, eavesdropping, and disclosed the private activities of others "; "Management Penalty Law" also stipulates that voyeur, sneak shot, eavesdropping, and spread the privacy of others, which are detained for less than 5 days or a fine of less than 500 yuan; if the circumstances are heavier, they will be detained for more than 5 days and 10 days. fine.

This has caused a problem: After so many years of popularizing the law, the company should know the illegal nature of this move, and a large enterprise in the dignitaries has sacrificed such outrageous and absurd things. Do you know about common sense? It is true that "smoking is harmful to health" is a social consensus. There are also laws in public toilets. As a related enterprise for lithium -ion battery manufacturing, the company strictly strictly prohibits smoking because of product nature. But the measures are "strict", and it cannot be based on the premise of "illegal" or "infringement".

Source | Yangcheng Evening News • Yangcheng School

Picture | Visual China

Responsible editor | Fu Mingtu Sun Ziqing

School Delivery | Zhao Dandan

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