Previously, there was a video on the Internet in which a well-known bank employee was collectively beaten on the ground. Now it is reported that the employees of a barber shop in a certain place were poured cold water by the boss for three or nine days because of customer complaints. This is the highest punishment for malicious bidders in China's online judicial auction. "Sick" performance training has a long history. It is ridiculous to spank employees in public to evaluate their performance. How can we stop it?

Brief introduction of the case

A scene in the video circulating on the Internet appeared in the "performance breakthrough" training for employees of Zhangze Rural Commercial Bank in Changzhi, Shanxi. The video shows that eight employees were spanked, and four of them were female employees. In the video, a man asked the staff on the stage to tell the reason for his poor performance. "Unable to cooperate with work", "inefficient" and "unable to surpass oneself" are all spit out from employees, but they are still inseparable. In the video, a man walks behind an employee with a wooden stick and spanks one by one. Not only was everyone beaten, but some people who were beaten also looked very wronged. Not only that, according to media reports, some employees who participated in the training were also shaved into bald heads or "yin and yang heads". People who "trim" the hair of male and female employees are the training teachers who beat people in the video.

Later, the staff of the bank office confirmed that there was indeed a "spanking" of employees in the bank. The spanking of employees is a game link in the training session. "The person who plays the board is a training teacher, not a company leader." The staff member responded. According to the announcement issued afterwards, Zhangze Rural Commercial Bank promoted the professional quality of employees and hired a lecturer from Shanghai Hongfeng Leadership Institute to carry out employee skills training with the theme of "performance breakthrough".

At present, the official has stopped the training course and suspended Chen Xiaofei, the chairman of Changzhi Zhangze Rural Commercial Bank, and Cui Junan, the vice president in charge. The lecturer apologized twice and said that he realized that the teaching mode should be improved.

Related case

Fresh, surprising, explosive and exciting training methods cater to the blind pursuit of training effect by high-level enterprises, and are often misunderstood by high-level enterprises as the great incentive effect brought by training to employees. The top management and employees of enterprises failed to really understand the connotation of enterprise training, and mistakenly regarded the "morbid" training of "novelty seeking" by unscrupulous means as a way to improve performance. This is the root cause of this farce. In fact, this kind of training mode is no stranger, just "revived" after disappearing on the street for many years.

As lawyers know, since about ten years ago, all kinds of wonderful trainings with the gimmick of "breaking through oneself" began to appear frequently in the streets of China. Or a group of people shouting "I am the best, I am the best" in the street, or a group of young men and women singing and dancing suddenly appeared in the downtown crowd, or a group of young men and women stood solemnly in the street and accepted the bloody scolding of a "teacher" ... This is the once popular "breakthrough training". In the eyes of outsiders, this kind of training aims to make the trainees "shameless" by breaking through or even trampling on the trainees' self-esteem. According to the explanation of training organizers and implementers, breaking through the bondage of meaningless self-esteem is the breakthrough to surpass oneself. As for the industries keen on this kind of training, most of them are concentrated in catering services, beauty salons, insurance sales and other industries. It is understood that the most enthusiastic about this is the MLM industry.

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The reason is that an industry insider said: "Due to the severe employment situation, the rights and status between employees and employers are generally asymmetric, and employees have no right to speak in front of employers. Even if employees are dissatisfied with 100 units, even if they know that it is ridiculous for companies to arrange spanking training, they dare not protest in person in order to keep their jobs. "

However, the lawyer believes: "Article 38 of the Constitution stipulates that the personal dignity of the people of China and the citizens of China shall not be violated; Article 98 of the General Principles of Civil Law stipulates that citizens have the right to life and health. Article 10 1 stipulates that citizens and legal persons enjoy the right of reputation and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering. Obviously, the act of spanking employees in public violates the health rights of employees who have been beaten, and also violates the personal dignity of employees who have been beaten. " Article 43 of the Law on Public Security Administration Punishment stipulates that those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and shall be fined between 200 yuan and 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. This behavior of spanking employees in public clearly violates the Law on Public Security Administration Punishment, and the perpetrator should be detained or fined. However, there is one situation where there is no punishment. If the employee agrees and accepts the rules of the game that spanking is allowed under certain conditions, it shall be deemed that the employee agrees and there is no punishment for the perpetrator.

laws and regulations

Article 38 of the Constitution stipulates that:

The personal dignity of People's Republic of China (PRC) citizens is inviolable.

Article 43 of the General Principles of Civil Law:

Article 98 stipulates that citizens have the right to life and health.

Article 10 1 stipulates that citizens and legal persons enjoy the right of reputation and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.

Article 43 of the Public Security Administration Punishment Law:

Beating others, or intentionally hurting others' bodies, shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.

Lawyer's statement

At present, most enterprise training is outsourced. Enterprises should manage it through contract control, review the qualifications of training enterprises, agree on the training content and training methods of training enterprises, and stipulate the liability for breach of contract.

"There is no doubt that the internal management of enterprises should follow the law. The question is how to achieve it. On the one hand, one's behavior should comply with the law, on the other hand, the requirements of' performance assistant' should be bound by the terms of the contract. At present, many companies are not doing well in the latter. " In this regard, Lawyer Xin Yong believes: "In the process of implementing internal management activities, most enterprises have or may have problems that infringe on the legitimate rights and interests of employees, but they often cannot be effectively identified, or even if they are identified, the result is that employees compromise and succumb to the strong position of enterprise managers. For enterprises with superior resources, they often know the usage of the law earlier, but they may not necessarily abide by the law. "

"The higher the degree of rule of law in a country, the higher the requirements for market players to know the law, use it, abide by the law and avoid legal risks, and the higher the requirements for practitioners to understand the legal usage, identify how to effectively safeguard their legitimate rights and interests, and dare to say' no' to illegal and infringing acts. Economic development and the improvement of legal awareness should grow simultaneously. "