On The Employees’ Duty Of Loyalty

Under the background of increasingly fierce market competition,employees,as a part of company,are the key to their survival and development.Especially at present,with the acceleration of information dissemination and the rise of various media social platforms,what employees say and do is very important to employers.At present,due to the lack of legislation on employees’ duty of loyalty,the interests of employers cannot be effectively guaranteed,and the status of employers and employees still cannot achieve substantive equality.The employees’ duty of loyalty is the general term for the employees’ duty of obedience,notification and omission in order to safeguard and realize the legitimate interests of the employers.Employees’ duty of loyalty is different from directors’ duty in subject,content and legal consequences,and it has its own subordination,implication and uncertainty.As a collateral obligation,the principle of good faith,the community theory in personality law and the implied theory can be the theoretical basis of the loyalty obligation of employees.The legislation of employees’ duty of loyalty can solve the current shortcomings of legislation,including the imperfection of the specific content of the duty of loyalty,the vagueness of the subject of performance,the unclear boundary of the performance of the duty of loyalty and the single legal consequences.Referring to the legislation of typical foreign countries,the obligation of loyalty of employees has been clearly defined through legislation,and there are many useful experiences in the relevant provisions of Germany,Sweden and Britain that are worth learning from in China.In order to improve the legislative approach of employees’ loyalty obligation,it is necessary to optimize the subjects of employees’ loyalty obligation first,make clear the standards of subject stratification,and then divide the subjects of employees’ loyalty obligation into special employees and ordinary employees,with different standards to achieve substantive fairness.In the face of the lack of specific provisions on the content of employees’ loyalty obligation,we should first make a clear list of the subordinate obligations of employees’ loyalty obligation,which are divided into duty of action and duty of omission.At the same time,according to different levels of employees,we should ask them to fulfill different levels of loyalty obligations and require them according to different standards.In order to draw a clear line between employees’ behavior in fulfilling their loyalty obligations and avoid conflicts with other interests,a public interest reporting system should be established to solve the conflicts between employers’ interests and public interests when employees perform their loyalty obligations.Protect the spiritual personality rights of employees,and make further provisions on employees’ right to rest,so as to solve the conflict between employers’ interests and personal interests when employees perform their loyalty obligations.As a result,employees can have a clear scope when fulfilling their loyalty obligations,so as not to have adverse effects on their own rights and interests and other interests.In terms of the legal consequences of employees’ violation of loyalty obligations,the application of current wrongful dismissal should be restricted,including substantive aspects and procedural aspects.At the same time,the application of other disciplinary measures,including honorary punishment,economic punishment and job change punishment,should be added to the legislation,and the disciplinary right of the user unit should be legalized,so that dismissal should be the last resort.And make more detailed provisions on the liability for damages of employees who violate the duty of loyalty,especially the different consequences borne by employees at different levels.