Will administrative detention be a loss of work for railway workers?

Generally, not. According to China's "Public Security Administration Punishment Law".

administrative detention.

It is an important and common administrative penalty.

kinds. Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law.

Administrative detention is the most severe form of administrative punishment, and is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.

According to the Labor Contract Law.

Article 39 stipulates that an employer may terminate an employment contract if an employee falls under any of the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions.

2. Serious violation of the rules and regulations of the employer.

Target. 3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer.

4. The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer.

5. The labor contract is invalid due to the provisions of Item 1, Paragraph 1 of Article 26 of this Law (using fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to its true intentions).

6. Those who have been investigated for criminal responsibility in accordance with law.

Generally, not. Administrative detention is an administrative punishment, not a criminal punishment. According to the provisions of the Labor Contract Law, if an employee is investigated for criminal liability in accordance with the law, the employer may terminate the labor contract.

Legal basis: Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Administrative detention records are kept in the public security organs for a long period of time and can be consulted, which may have an adverse impact on the political trial of parties applying for civil servants and employees of special departments. There is little impact on staff members.

No. In the case of criminal detention, the employer will terminate the employment contract.

Termination of the labor contract after more than 5 days of criminal detention has nothing to do with anything else.

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Legal analysis: It depends on the specific situation, if it is a general state enterprise, public institution, administrative organ, for administrative detention personnel generally only deduct bonuses, criticize and educate, write inspections, if there is nothing to do with the problems of ordinary companies, just administrative detention, there is no need for the company to deal with it, if it is criminally punished, the company will dismiss the employee Qing Minhu.

Legal basis: Labor Contract Law of the People's Republic of China.

Article 39 Under any of the following circumstances, the employer may terminate the contract for the obstruction of goodwill:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes a labor training relationship with another employer at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Legal analysis: Railway employees who are detained for 5 days may not necessarily be dismissed by the unit, and a single fool has no right to dismiss employees.

Legal basis: Article 25 of the Labor Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating labor discipline and verification laws or employing the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

4) Those who have been pursued for criminal responsibility in accordance with law.