Simon Says: Are you out if there is an office romance?

Published
11/10/2017 by

This is the thirty-seventh in a weekly series of legal advice provided in a short and entertaining story format.

 

每周轻松有趣法律常識故事系列 - 第37篇

 

 

Keywords: Freedom of Marriage, Office Romance, Employees' Rights

 

关键词:婚恋自由、办公室恋情、员工权利

 

 

Are you out if there is an office romance? 

 

西门说法:如果有办公室恋情,必须离职吗?

 

Jack works in a Fintech in Shanghai. Although he has a decent income, he often feels lonely. Jack sighed: “I have a successful career but there is no one around me. I have even no one to talk to and to share with. It’s too distressing!” Not long the company recruited some young blood, including Jill, who was assigned to Jack's department.

 

Jack在上海一家新型科技企业里上班,尽管收入也还不错,但心里总是觉得孤单寂寞。Jack感叹道:“如今自己事业有成,但身边却没有一个人陪伴。心里太苦恼了,连个说话的人都没有!”不久,公司招聘,一批新人进入了公司,其中就包括Jill。Jill被分到Jack的部门。

 

As time passed by, Jack and Jill became familiar and felt attracted to one another. Jack thought that Jill was his angel and they shared similar hobbies too. Moreover, Jill is now his own right hand at work and can comfort him whenever he’s in difficulties or in troubles. So Jack plugged up courage to confess his love and proposed to her. Jill accepted his love. 

 

时间慢慢过去,两人从陌生到熟悉,日久生情。Jack心想:“Jill不仅人长得好看,而且兴趣爱好也和自己类似,不仅在工作上是自己的得力助手,而且在自己难过烦恼的时候也能安慰自己。”于是鼓起勇气向Jill告白,并承诺不久就举行婚礼。Jill应允说:“好。”

 

“Batheing in the river of love is happier than being fairies” as the old saying says.  Jack and Jill were happy as lovers but they also felt upset and distressed for certainty. One day at lunch time, Jack said to Jill: "The Employee Handbook of the company clearly states that office romance is prohibited. If discovered, either party has to leave the company. Career or love! What should we do?" Jill sighed: "I cannot do anything about it." They had no idea and only have to refrain from communication during work hours. Jack and Jill submered to an underground romance to avoid the nasty regulation.

 

古人说:只羡鸳鸯不羡仙。陷入爱河的Jack和Jill都尝到了爱情的美好,但是这份爱情的前景却并不明朗。一天吃了午饭,Jack对Jill说道:“公司的职工手册中清清楚楚地写着,公司禁止办公室恋情,一旦被公司发现,双方中的一方就必须离职。一边是事业,一边是爱情,这可如何是好?”Jill叹气道:“我能怎么办?”两人没有办法,工作时间尽量减少交谈,为了避免被公司发现,爱情不得已转入了“地下状态”。

 

There is no smoke without fire. Their efforts failed and the whole company knew they were in love a month later. One day, the HR manager formally informed them, “One of you have to leave the company in two weeks.”

 

然而纸终究包不住火,公司冰冷的规定,掩盖不了两人心中的爱情。不到一个月,两人的恋爱关系就传遍了公司。一天,公司经理正式告知二人:“两人中的一人必须离职,限期半个月。”

 

What shall Jack and Jill do? 

 

Jack和Jill必须离职吗?

 

 Simon Says - Episode 37: Are you out if there is an office romance?

 

Prof Simon Says:

西门教授说法:

 

Freedom of marriage is one of the foundamental rights of citizens, protected under the China’s Constitution Laws and no organizations or individuals have the right to interfere the same. Despite that, subject to specific laws and regulations, companies have the right to formulate their own rules and regulations through democratic procedures to cope with their specific needs. Such rules and regulations shall, by no means, violate any mandatory provisions of laws. In this case, an Employee Handbook prohibiting office romance and restricting employees’ freedom of marriage is contrary to the mandatory provisions of the law and therefore it is against the law. No provision of an Employee Handbook shall not infringe any legitimate rights of an employee, and no provison of the same shall not be contrary to any mandatory law either. If Jack and Jill’s legitimate rights are infringed, they should defend their rights.

 

婚恋自由是公民的基本权利之一,受到宪法和法律的保护,任何组织和个人都无权干涉。公司等企业依据法律法规,有权根据自身的情况,通过民主程序来制定自己的规章制度,但是规章制度中的内容不得违反国家法律的强制性的规定。职工手册禁止办公室恋情,限制员工婚恋自由是违背法律的强制性规定的,是不合法的。企业的任何规定,都不能侵犯员工的合法权利,更不能和国家强行法相违背。如果员工的合法权利受到了侵犯,必要时应当拿起法律的武器,维护自己的权利。

 

Provisions of Law:

 

The General Principles of the Civil Law of the People's Republic of China

 

Article 103: Citizens shall be entitled to the right of marriage by choice. Mercenary marriage, marriages upon arbitrary decision by any third party and any other acts of interference in the freedom of marriage shall be prohibited.

 

The Marriage Law of the People's Republic of China

 

Article 3: Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited.

 

The Interpretation on Several Issues about the Application of Laws for the Trial of Labor Dispute Cases issued by the Supreme People's Court

 

Article 19: As long as any regulations and policies not contrary to any laws, administive regulations or policies of the State, such regulations and policies made by companies through democratic procedures in line with the provisions of Article 4 of the Labor Law and circulated to all laborers, can be considered a basis for hearing labor dispute cases by the people's court.

 

法律依据:

《中国人民共和国民法通则》

第一百零三条规定:公民享有婚姻自主权,禁止买卖、包办婚姻和其他干涉婚姻自由的行为。

《中华人民共和国婚姻法》

第三条:禁止包办、买卖婚姻和其他干涉婚姻自由的行为。

 

最高人民法院《关于审理劳动争议案件适用法律若干问题的解释》

第十九条规定:用人单位根据《劳动法》第四条之规定,通过民主程序制定的规章制度,不违反国家法律、行政法规及政策规定,并已向劳动者公示的,可以作为人民法院审理劳动争议案件的依据。

 

 

For more about this or to contact Professor Simon Choi at www.acmeardent.comsimonhkchoi@163.com, +86 13823677853 or by WeChat: simonhkchoi. 

 

ACME Ardent's Simon Choi WeChat QR Code

 

 

Simon Choi

About the Author: Professor Simon Choi

Prof Simon Choi, solicitor and linguist, is an international lawyer, qualified to practise law in England & Wales and in Hong Kong, China. Simon graduated from law schools of the Peking University, the University of London and the University of Hong Kong respectively, with an in-depth knowledge of Chinese laws and common laws and with more than 20 years experience in China practice and international trade, investment, finance, merger & acquisition. He is an adjunct professor of laws at the Zhongnan University of Economics and Law. Simon is the founding partner of Acme Ardent and can be reached at simonhkchoi@163.com or +86 13823677853.

 

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