Principle of public order and good moralsis a basic principle of civil law and incorporated into all laws.

The so-called public order, that is, thegeneral interests of society, including national and social interests, nationalmacro-policy and economic order. The so-called good morals, that is, thegeneral moral concept or good moral style, including social morality,professional ethics, family virtues, personal acter and other good customs.

Professor Liang Huixing pointed out thatthe violation of public order and good morals is divided into the followingtypes:

1. Endangering the national public orders;

2. Endangering family relations;

3. Violating sexual morality;

4. Aleatory acts that are not bound by law;

5. Violating human rights and personalityrights;

6. Restricting economic freedom;

7. Violating fair competition;

8. Violating protection of consumers'rights and interests;

9. Violating labor protection;

10. Exorbitant profiteering.

Company rules that violate public order andgood morals are invalid in accordance with Interpretation (IV) of the SupremePeople's Court of Several Issues on the Application of Law in the Trial ofLabor Dispute Cases（Exposure Draft）.

Rationality of company rules reflectspublic order and good morals in the judicial practice of Jiangsu Province.

It is the basic national policy to applyfamily planning. The relevant judgment showed that the employer may terminatethe labor contract if employees violate the family planning policy as long ascompany rules are provided.

In one case, company rules provide thatusing work computers to save, browse pornographic videos or pictures is againstprofessional ethics and public order, the company fired legally in that type ofsituation.

For instance, the core values of socialismrequire citizens should set up a correct viewpoint of family value and shouldnot interfere between a couple. Therefore, if company rules stipulate that theemployees acted with misconduct (including but not limited to extramaritallove, home-wrecker, shirking their family obligations, gambling, etc.), theemployer may immediately terminate the labor contract without paying forcompensation.

Another example, company rules provide thatemployer may terminate the labor contract if one's subordinate materiallybreaches the rules. However, collective punishment (including those superiors)is clearly beyond the ability of employees to perform their duties, essentiallyrequiring them to assume unlimited responsibility for each other's loyalty andprofessional conduct, ignoring the complexity of human nature. Such rulesundermine good interpersonal relationships and good morals.

Inaccordance with Labor Contract Law of the People's Republic of China (2012Amendment)，an employer formulates, amends or decides rules or important events concerningthe remuneration, working time, break, vacation, work safety and sanitation,insurance and welfare, training of employees, labor discipline, or managementof production quota, which are directly related to the interests of theemployees, such rules or important events shall be discussed at the meeting ofemployees' representatives or the general meeting of all employees, and theemployer shall also put forward proposals and opinions to the employees andnegotiate with the labor or the employees' representatives on a equalbasis to reach agreements on these rules or events.

Once company rules violate laws orregulations, thereby harming the employees' rights and interests，the employeecan dissolve Labor Contract and shall be paid severance pay based on the numberof years worked with the employer at the rate of one month’s wage foreach full year worked.

The law is an art of kindness andjustice.Aristotle said that the rules for restraint are not for slavery.

TheAmerican professor Arlie Russell Hochschild put forward the concept ofEmotional Labor as early as 1983, and she believedthat Emotional Labor could occur in any industry and position. If an employeeis overworked for a long time, will he or she performs well enough to achieve apositive impact on productivity? If an employee shows up at work butcontributes nothing, will the company get benefits and efficiency? Humanizedmanagement, to give employees humane loving care, is a sensor and the key ofpublic order and good morals.

Here'sthe case to test your reading comprehension skills.

An employee poured the rice when he found asmall stone in the meal, triggering the employee's dismissal. The company inShenzhen fired the employee for this reason many years ago.

In response to the call of the nation tosave food, a company in Shanghai stipulated that employees will be subject todismissal while they deliberately dump free lunches provided by the companythree times.

What's your opinion?

If you have any questions or needs, pleasecontact JIANG SU CHANG XING LAW FIRM.