Is Deyun's dismissal of Chen Xiaohua legal?Lawyer: constitutes criminal crime, you can dismiss

Jimu News reporter Yang Jinying

On June 26, Chen Xiaohua, an artist of Deyun Society, broke into another bedroom in the early morning and attempted attempted a female resident. On the evening of the 27th, the Beijing police reported that Chen Xiaohua has been sentenced to sentence according to law.

Incident Building Building (Views and shooting from Jimu News)

The Beijing police reported that at 5 o'clock on June 25, 2022, Chen (male, 32 years old), who rented in the third floor of a community in Changying, Chaoyang District. The elevator went upstairs and entered a bedroom of a five -story unlocking door. The police quickly arrived to bring Chen to the review. At present, Chen has been criminally detained by the Chaoyang Public Security Bureau according to law.

Description of Deyun News Agency (Picture Source: Deyun Society Weibo)

Earlier, the official Weibo of Deyun Society stated that on the afternoon of the 26th, Deyun News received the police assistance to investigate the phone, which could basically determine that Chen was suspected of running into other people's houses. Deyun made a decision to dismiss Chen for the first time, and issued the "Removal Notice" to him on the evening of the 26th.

Desequent notice of Chen's dismissal issued by Deyun Society (Picture Source: Deyun Society Weibo)

Deyun immediately dismissed Chen after the incident. Is there any law? Lawyer Wu Guoxiong of Guangdong Ruihui Law Firm stated in an interview with Judge Journalists that Article 39 of the Labor Contract Law stipulates that if a laborer is held criminally responsible in accordance with the law, the employer may terminate his labor contract. In this case, Chen's behavior constitutes criminal criminal crimes, and Deyun's dismissal of employees is a legitimate fired.

If Chen is only detained by administrative and is not investigated for criminal responsibility, enterprises cannot lift the employee's labor contract accordingly. According to the law, administrative detention is a type of administrative penalties. It is usually suitable for sanctions that seriously violate public security management but do not constitute a crime, and warnings, fines and punishments are not enough to punish, and it is two different from being held criminally responsible.

Of course, the employee is detained by administrative regulations in the office of the corporate office or at work. If the enterprise has the rules and regulations that the above behavior is violated by its rules and regulations, and if the employee is detained by administrative detention, it belongs to the enterprise that can terminate the labor contract that can terminate the labor contract Severe plot. At this time, the enterprise is reasonable and legal on the grounds of serious disciplinary violations, and the relief of the labor relationship of employees is reasonable and legal.

For employees who are detained by administrative laws and regulations outside the corporate office or in violation of administrative laws and regulations. The employment management is directly related. If it is directly related, it can also be handled through the rules and regulations.

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