Any employers should take note of this law. You activity towards employees may incur new legal liability and bad effect. Please refer to below:
“The administrative departments of human resources and social security shall publicize to society the following acts in material violation of labor protection laws that have been investigated and in regard to which the handling decisions have been made:
1. deductions of large amounts from or delay in payment of large amounts of employees’ labor remunerations without cause; or refusal to pay labor remunerations and being transferred to judicial authorities for investigation of criminal liability;
2. failure to purchase social insurances or pay social insurance premiums in accordance with the law, which is serious in nature;
3. violation of the provisions on working hours, rest and vacations, which is serious in nature;
4. violation of the provisions on special protection for female employees and underage employees, which is serious in nature;
5. violation of the provision on prohibition of using child labor;
6. resulting in serious adverse social influences as a result of violation of labor protection laws; or
7. other acts in material violation of labor protection laws.”
It means if an employer is punished for violation of employment laws and pays damages, it is not the end, the employer and its legal representative may be publicized, and its credibility and fame will ill affected.
What is the extent of publication?
“In material violation of labor protection laws shall be publicized on the web portals of the administrative departments of human resources and social security, as well as through major newspapers, TV and other media in their respective administrative areas.”
Apart from being publicized, what other bad effects will be incurred. “The administrative departments of human resources and social security shall include the acts in material violation of labor protection laws and the disclosure thereof in the employers’ labor protection compliance and credit records, incorporate such acts into the credit system of human resources and social security, and conduct information sharing and joint punishments with other departments and social organizations in accordance with the law.”
It means the employers credibility record will be damaged and such information will be known to almost all relevant authorities, such as AIC, commercial committee.
However, there is also a chance for an employer to make a defense. “Where any employer raises any objections to the publicized contents, the administrative department of human resources and social security that is responsible for investigating and punishing the case will review and deal with it within 15 working days as of the date of receiving such application, and will inform the employer.”