Original title: [Learn from dramas] Company secrets have been leaked and it is difficult for women in the workplace to get promoted. How to solve these problems in " The Twenty-eight Laws of Love"
Recently, the urban emotional drama "The Twenty-Eight Laws of Love" starring Yang Mi and Xu Kai is currently on the air. The drama puts hot topics such as workplace life and native family in front of the audience. As the plot develops, some legal issues in the play have also aroused people's attention and thinking. In this episode, we are following the drama to popularize the law. Let’s take a compulsory legal course called “The Twenty-eighth Law of Love”.
Scenario 1
Qin Shi is a female lawyer with outstanding professional abilities at Cheng & Hui Law Firm. However, there is an unwritten rule within the law firm that "single women are difficult to be promoted." The female lawyer who introduced Qin Shi falsely claimed that Qin Shi was married and had children, so Qin Shi was able to seek development at Cheng & Hui Law Firm and became an alternate partner. Is this unwritten rule of Cheng & Hui Law Firm illegal?
Workers have equal rights to employment and career choice. Article 13 of the Labor Law of the People's Republic of China stipulates that women enjoy equal employment rights as men. When recruiting employees, except for types of work or positions that are not suitable for women as stipulated by the state, women may not be refused to be hired or the recruitment standards for women shall be raised on the basis of gender.
In addition, the newly revised "Law of the People's Republic of China on the Protection of Women's Rights and Interests" stipulates that, unless otherwise stipulated by the state, employers shall not impose restrictions on marriage, childbirth, or marital or childbearing status as conditions for employment (employment); Article 46 stipulates that in terms of promotion, promotion, evaluation of professional and technical titles and positions, training, etc., the principle of equality between men and women shall be adhered to, and women shall not be discriminated against. In the drama, Cheng and Hui Law Firm's actions clearly violate the legislative spirit and relevant provisions of my country's Labor Law and Women's Rights and Interests Protection Law, and are suspected of gender discrimination in employment. In real life, employers should respect women in accordance with the law, promptly correct unfair internal "hidden rules", and provide women with a fair employment and entrepreneurship environment.
Scene 2
The "fake husband" made up by Qin Shi is Yang Hua, a Buddhist otaku. Yang Hua, who was "married" inexplicably, had a "wife" and "children" without his knowledge. In real life, what is the legal interpretation of deliberately fabricating other people's marriage facts?
Fabricating other people's marriage and family relationships and spreading it widely may have a negative impact on the parties involved and reduce others' social evaluation of the parties. If a maliciously fabricated or distorted marriage and family relationship has a negative impact on the moral character, reputation, credit, etc. of others, and in serious cases will infringe on the reputation rights of others, the victim has the right to request the perpetrator to bear civil liability in accordance with the relevant provisions of the Civil Code. The ways to bear liability include eliminating the impact, restoring reputation, making an apology, etc.
Scenario 3
Cheng & Hui Law Firm has been working hard to win over the big client Loewy Magnolia. There is a problem with the accounts, and the 25 million yuan invested by Cheng & Hui is very likely to be wasted. This high-level secret was spread to the outside world by the assistant lawyer of the law firm, causing rumors that the two companies were about to close down. What are the legal responsibilities for leaking law firm secrets?
According to the provisions of Article 22 of the Labor Law of the People's Republic of China and Article 23 of the Labor Contract Law of the People's Republic of China, the parties to a labor contract may stipulate in the labor contract relevant matters related to the confidentiality of the employer's business secrets.
If the assistant lawyer who leaked the secret has a confidentiality clause in the labor contract signed with Cheng and Hui Law Firm, then the assistant lawyer will have corresponding confidentiality obligations . If he violates the confidentiality obligations stipulated in the labor contract and causes losses to the employer, he shall be liable for compensation according to law.
Scene 4
Luo Wei Yulan was suspected of fraud and illegal fund-raising, and owed a lot of debts, but the person in charge ran away. As a result, the debt collection company approached the creditor who was deceived in the first place and wanted to profit from it.Faced with a debtor who has escaped, how can you correctly protect your rights after being deceived?
The relationship between Lowe Magnolia and the creditor is a loan contract. As a party to the contract, Lowe Magnolia should fully perform its repayment obligations in accordance with the agreement. If it deliberately evades its repayment obligations, the creditor can sue the debtor Lowe Magnolia in the People's Court to require the debtor Lowe Magnolia to perform its repayment obligations.
The creditor's rights and debts in the drama were formed due to Luo Wei Yulan's fraudulent behavior. According to the provisions of Article 148 of the " Civil Code of the People's Republic of China," if one party uses fraudulent means to cause the other party to commit a civil legal act against its true intention, the defrauded party has the right to request the people's court or arbitration institution to cancel it.
If the contract amount is large, Lowe Magnolia's behavior will be suspected of fraud. If during the process of signing and performing the contract, Lowe Magnolia's behavior meets the elements of contract fraud, it will also be suspected of contract fraud. As a debtor, you can call the police in time to protect your legitimate rights and interests.
Liu Dan Zou Xingyu (Liu Dan Zou Xingyu)
(Yunnan Legal News)
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