There Is No Legal Basis For Enterprises To Expel Employees.

According to the statistics of reporters, in addition to Xinjiang and Tibet, 29 local provinces have already revised their local family planning regulations. Among them, the 14 provinces' Family Planning Ordinance stipulates that public officers violate the family planning policy and can be expelled. For employees, statistics show that there are 7 provinces under the family planning ordinance requiring enterprises to expel employees.

If the "expulsion workers" expelled from the "super workers can be expelled" object, only targeted at the "state staff" in the organs and institutions of public servants, there is a legal basis. Because according to the 42 article of the "population and family planning law", illegal offsprings are "state workers" and should be given administrative sanction in accordance with the law. Other personnel should also be disciplined by their units or organizations. " Civil servant The regulations also stipulate that "those who violate the provisions of the family planning scheme should be punished for demotion or dismissal. If the circumstances are serious, they shall be dismissed."

However, it is obviously not legal to extend the scope of "expulsion and expulsion" to ordinary employees. First of all, "enterprises can expel superworkers" actually lack clear legal basis for higher authorities. Because the 42 section of the family planning law is aimed at the extra life of the staff other than the "state staff", which only stipulates "disciplinary punishment". For example, the labor law of China. Labor Contract Law "There is no" expulsion "concept and related provisions, the concept is only" dissolve the labor contract ". However, in the 6 cases of the 39 provision of the labor contract law, "the employer can terminate the labor contract", there is no clear definition of "the employee can be relieved of the labor contract". This means that in view of the over existence of employees, no matter whether they are "expelled" or "rescission of labor contracts", there is no clear legal basis, neither the "family planning law" nor the "labor contract law".

Further from a legal point of view, "enterprises can be expelled." Super employee "In fact, it is also impossible. Because the administrative penalty against the act of super life is actually different from that of employers in the management of employees. The former is a kind of administrative legal relationship, while the latter is a labor legal relationship. Two. Therefore, if simply giving the enterprise the right to "expel the employees from the super generation", it is bound to confuse the two legal relations. In fact, enterprises are given the right of punishment which belongs to the administrative departments of the government.