Recently, a workplace incident involving a post-80s mother in Shanghai has attracted widespread attention. According to Ms. Dai, she was kicked out of the group chat by the company for what she called a "communication barrier" and suffered a salary reduction. In addition, the company also took extreme measures, such as placing the word "monster" and Zhong Kui's ** on her workstation, and instructing other colleagues to harass her, which caused her great psychological pressure. This incident not only touched on the issue of labor law, but also touched on legal issues such as the personality rights and reputation rights of workers.
First of all, from a labor law point of view, the company's actions are clearly illegal. According to Article 17 of the Labor Contract Law, labor remuneration is a necessary clause of the employment contract, and the company's unwarranted reduction of Ms. Dai's salary is a clear violation of this provision. At the same time, Article 35 stipulates that changes to the employment contract shall be agreed upon in writing through consultation with the employee. The company's unilateral change of her working conditions and reduction of her workload and salary without consultation with Ms. Dai also constituted a breach of the employment contract. Therefore, from the point of view of labor law, the company's actions already constitute a violation of the law.
Secondly, from the point of view of personality rights and reputation rights, the behavior of the company is equally unacceptable. Although the employer has the right to manage the employees, the employees' personality rights should also be respected and protected. The company openly placed the word "monster" and Zhong Kui's ** on Ms. Dai's workstation, which was not only an insult to her personal dignity, but also a destruction of her working environment. In addition, the company instructed other colleagues to harass Ms. Dai, find faults, and even use abusive, defamatory and other radical language, which seriously infringed on her right to reputation. These acts not only violate the labor law, but also violate the provisions of the Civil Code on personality rights and reputation rights.
In response to this incident, lawyer Wang Yiyun also gave a clear legal opinion. She believes that the company's actions not only violate the labor law, but also violate the workers' rights to personality and reputation. Ms. Dai has the right to demand that the company restore her working conditions, pay her back wages, and compensate for the losses caused. If the company is unable to provide the working conditions as agreed, Ms. Dai also has the option to terminate the contract and demand severance from the company. At the same time, other employees who participated in harassing and abusing Ms. Dai may also face administrative penalties or even criminal liability if their actions constitute infringement.
This incident has also raised public concerns about workplace bullying and the protection of workers' rights and interests. Workplace bullying is a serious offense that not only damages the physical and mental health of workers, but also damages the image and reputation of a company. Enterprises should strengthen the training and education of employees, improve their legal awareness and professional ethics, and prevent the occurrence of workplace bullying. At the same time, the society should also strengthen the protection of workers' rights and interests, improve relevant laws, regulations and institutional mechanisms, and provide workers with a more fair, just and safe working environment.
In short, the company's actions have constituted a violation of labor laws and an infringement of workers' rights. Ms. Dai has the right to protect her legitimate rights and interests and require the company to bear the corresponding legal responsibilities. At the same time, this incident also reminds us that we should strengthen the protection of workers' rights and interests and improve the workplace environment, so that every worker can work and develop in a fair, just and safe environment. Only in this way can we build a more harmonious, stable and prosperous society. The woman was bullied in the workplace, and the desk was plastered with Zhong Kui