Is it legally stipulated that you can t go to a state owned enterprise if you have a criminal record

Updated on society 2024-07-04
17 answers
  1. Anonymous users2024-02-12

    The law does not stipulate that those who have a criminal record cannot enter the factory of state-owned enterprises, but enterprises can formulate corresponding recruitment conditions and standards according to their own standards and requirements.

    Legal analysis

    Whether or not you can go to a state-owned enterprise with a criminal record depends on the specific situation. State-owned enterprises have a certain administrative nature and are enterprises controlled by the state's investment or participation. For historical reasons, the classification of Chinese state-owned enterprises is quite complex.

    State-owned enterprises are also relatively strict in terms of employment. Whether a person with a criminal record can enter a state-owned enterprise depends on the type of criminal record committed, as well as the type of state-owned enterprise, and the recruitment requirements are different for different industries. Specific problems need to be analyzed on a case-by-case basis.

    Generally speaking, having a criminal record does not affect entering a state-owned enterprise. Workers have the right to equal employment. The right to work, also known as the right to labor and employment, refers to the right of citizens who have the ability to work to obtain employment.

    Labor is the first basic condition of people's lives, the source of all material and spiritual wealth, and it is the right of citizens who have the ability to work to obtain the right to participate in social labor and to effectively guarantee the remuneration according to their work. A citizen's right to labor and employment is the basis of all rights enjoyed by citizens, and if a citizen's labor cannot be realized, all other rights will lose their foundation and meaning. The right of workers to choose a profession refers to the fact that workers choose a profession that suits their talents and hobbies according to their own wishes.

    Workers have the right to freely choose their occupations, which is conducive to giving full play to their personal strengths and promoting the development of social productive forces. For a long time after the founding of the People's Republic of China, China implemented a unified distribution of labor and employment, and advocated that laborers do one line of work and love one line.

    Legal basis

    Article 42 of the Constitution of the People's Republic of China Citizens of the People's Republic of China have the right and duty to work. Through various means, the State creates conditions for labor employment, strengthens labor protection, improves labor conditions, and increases labor remuneration and welfare benefits on the basis of developing production. Labor is the glorious duty of all citizens who are able to work.

    Workers in state-owned enterprises and urban and rural collective economic organizations should treat their labor with the attitude of being the masters of the state. The State advocates socialist labor competition and rewards model workers and advanced workers. The State encourages citizens to engage in compulsory work.

    The State shall provide the necessary labor and employment training to citizens before employment.

    Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

  2. Anonymous users2024-02-11

    The law does not provide for this, but many large state-owned enterprises require that those who join the company must not have a criminal penalty record. Note that this is the unit's own "rules and regulations", not "law", this is a two-level thing.

    I have a criminal record, and I can't do a lot of work. Including civil servants, joining the military, joining the police, public institutions, large state-owned enterprises and even private enterprises, there should be no one with a criminal record.

  3. Anonymous users2024-02-10

    There is no such provision in law.

    However, in real life, each unit has the right to require the employee to be hired to issue a certificate of no criminal record.

    Those with criminal records cannot issue such a certificate, so they are disqualified from being hired by the unit.

  4. Anonymous users2024-02-09

    There is no such provision, as long as the previous conviction is changed, the entry of state-owned enterprises only depends on the current performance and people's conduct, and does not pay attention to previous behavior.

  5. Anonymous users2024-02-08

    The requirements vary from unit to unit.

    If you have a criminal record, you generally don't.

  6. Anonymous users2024-02-07

    Generally, no, because most state-owned enterprises require no criminal record, you can look at the recruitment requirements, the requirements are written, then you can't enter. If there is no requirement, it is still necessary to take the initiative to inform the company that it has a criminal record when it is employed, otherwise it is fraud and you will be held responsible.

    1.According to our Criminal Code.

    Article 100 stipulates: "A criminal penalty has been imposed in accordance with the law.

    When enlisting in the army or finding employment, they shall truthfully report to the relevant units that they have received criminal punishments, and must not conceal them. Persons who were under the age of 18 at the time of the crime and were sentenced to up to five years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph. ”

    2."Employment" refers to participation in any type of work, including entry into state agencies, various companies, enterprises, institutions, organizations, etc., even in private enterprises. Therefore, it is recommended that you negotiate with your employer and truthfully inform you of your criminal punishment experience.

    3.If you deliberately conceal it, according to the Labor Contract Law.

    Articles 8, 26 and 86 stipulate that even if you sign a contract, the employer may terminate the employment contract with you on the grounds of "fraud" in the future, and may require you to bear the corresponding liability for compensation.

    Employees of state-owned enterprises will be dismissed if they are subject to criminal penalties.

    According to 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.Serious violation of the rules and regulations of employing people as imitation slag units.

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

    4.The employee establishes an employment relationship with another employer at the same time, causing 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 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.

    Extended Materials. In accordance with the Labor Law of the People's Republic of China.

    It stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, and the right to social insurance.

    and the right to welfare, to file a labor dispute.

    the right to processing, as well as other labor rights provided for by law. Therefore, there is a criminal record.

    Any enterprise that discriminates against citizens with a criminal record can report and complain.

  7. Anonymous users2024-02-06

    Yes, the recruitment standards and policies of state-owned enterprises vary by region and industry, but generally speaking, people with criminal records can enter and return to work in state-owned enterprises without criminal involvement. However, in some cases, SOEs may conduct background checks on job applicants to ensure that they meet the requirements of the recruitment Shendan and the company's credibility requirements. If you have a criminal record and want to work in a state-owned enterprise, please understand the company's recruitment policies and requirements in advance and be honest about the relevant questions.

  8. Anonymous users2024-02-05

    In general, it is not possible, because most of the state-owned enterprises require no criminal record, you can take a look at the recruitment requirements, the requirements are written, then you can't enter. If there is no requirement, you should take the initiative to inform the enterprise that Wu Peiye has a criminal record when you are employed, otherwise it is fraud and you will be held responsible.

  9. Anonymous users2024-02-04

    1: It depends on the specific situation. 2: State-owned enterprises have a certain administrative nature, and are enterprises that are invested or controlled by the state or the federal government.

    3: Due to historical reasons, the classification of China's state-owned enterprises is quite complicated. State-owned enterprises are also relatively strict in terms of employment.

    4: Whether a person with a criminal record can enter a state-owned enterprise should be based on the type of criminal record committed, as well as the type of state-owned enterprise, different industries, different recruitment requirements, and specific problems need to be analyzed in detail.

  10. Anonymous users2024-02-03

    There are some things that don't depend on the requirements of the company you are applying for.

  11. Anonymous users2024-02-02

    Legal analysis: If the enterprise has a legitimate reason, the public security organ will allow the investigation of the first chang.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 286: Where a person was under the age of 18 at the time of the crime and was sentenced to up to five years imprisonment, the relevant criminal record shall be sealed by Bu Qin. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions.

    Units conducting investigations in accordance with law shall keep confidential the circumstances of the sealed criminal records.

  12. Anonymous users2024-02-01

    Summary. Hello, I am glad to answer for you: Can you find out if you have a criminal record in a state-owned enterpriseYes, an employer in a state-owned enterprise can find out the employee's criminal record.

    On the basis of the Criminal Procedure Law of the People's Republic of China, the Guiding Opinions of the General Office of the Ministry of Justice on Strengthening Work Related to Public Legal Services for the Whole People, and other laws and regulations, public security organs, judicial organs, and so forth have the right to inquire into personal criminal records when handling cases or providing legal services to the entire population. Therefore, if you have a criminal record and apply to work in a state-owned enterprise, the employer will generally make relevant inquiries.

    When can this case be cancelled?

    Hello, I am glad to answer for you: Can you find out if you have a criminal record in a state-owned enterpriseYes, an employer in a state-owned enterprise can find out the employee's criminal record. In accordance with the "Criminal Procedure Law of the People's Republic of China" and the "Guiding Opinions of the General Office of the Ministry of Justice on Strengthening Work Related to Public Legal Services for the Whole People" and other laws and regulations, public security organs, judicial organs, and so forth have the right to make inquiries into personal criminal records when handling cases or providing legal services to the whole people.

    Therefore, if you have a criminal record and apply to work in a state-owned enterprise, the employer will generally make relevant inquiries.

    Expansion and supplementation: In addition to state-owned enterprises, other types of closed employers (such as private enterprises, foreign-funded enterprises, etc.) can also check the criminal records of employees through relevant channels. At the same time, individuals can also handle the business of checking personal criminal records online. <>

    Hello, what did you do before?

    Steal. How long does it take to get rid of this.

    Did you leave a criminal record? How to punish.

    Kept a criminal record and was brought to the detention center for 7 months.

    In this case, the case record cannot be cancelled

    Whether they were an adult or a minor at the time of the theft.

    Adulthood. The adult record will always be retained, and there is no cancellation policy at this time.

    Addendum: If you have a criminal record of theft, it is not easy to cancel it. In China, a criminal record is a person's bad credit record, which can seriously affect one's life and job search.

    According to the Criminal Law of the People's Republic of China, theft is a criminal offense, and once convicted, it will leave a bad record in the personal credit record. Therefore, it is not easy to cancel a criminal record, and certain conditions need to be met, such as meeting certain conditions after the completion of the sentence and a certain period of time after the judgment is determined. Moreover, the cancellation of criminal record is a relatively strict procedure, which needs to be applied to the public security organ and reviewed, if the applicant has other criminal acts, then the cancellation will generally be restricted.

    When applying for the revocation of a criminal record, the applicant is required to submit relevant materials, such as an application for personal rights protection, a personal ID card, a judgment, etc., and the same paragraph needs to be reviewed by the applicant's local public security organ, and a review opinion will be given after inspection. After the public security organ gives the review result, it is necessary to submit the relevant application to the civil division of the local court, and after the review, Lu Cha can officially revoke the criminal record. <>

  13. Anonymous users2024-01-31

    State-owned enterprises can, but civil servants certainly cannot.

  14. Anonymous users2024-01-30

    There should be no discrimination, and a one-moment mistake cannot be a lifelong mistake.

  15. Anonymous users2024-01-29

    Can you work in a state-owned enterprise group?

  16. Anonymous users2024-01-28

    It doesn't seem to work. State-owned enterprises are very important in this regard.

  17. Anonymous users2024-01-27

    Legal analysis: If the company has a legitimate reason, the public security authorities will allow the inquiry.

    Legal basis: Criminal Procedure Law of the People's Republic of China Article 286 Where a person was under the age of 18 at the time of the crime and was sentenced to up to five years imprisonment, the relevant criminal record shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs conduct inquiries as needed to handle the case or where a Minluguan unit conducts an inquiry in accordance with state provisions.

    Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.

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