Is It Illegal to Conduct “Special Management” to Individual Employees

The company “Shadow” (“S”) thought that Ms. A had disclosed the secret of S and dismissed her. After the accomplishment of arbitration on labor issues, and litigation, since S could not provide enough evidence, S was ordered to resume the labor relation. A was the HR director of S, but after the litigation, S requires her to work at a subsidiary alone. There is neither computer nor telephone in the new office, not to say signal for mobile phone. The office has been installed with 2 cameras. S also issues 5 notification of punishment to Ms. A in a day, and fires Ms. A after 1 week. Ms. A sues S for the illegal dissolution of labor contract, and finally the court orders that Ms. A wins the lawsuit, and S shall pay the compensation for the illegal dissolution of labor contract.

Generally speaking, a HR director shall be responsible for recruitment, training, performance appraisal and etc., so she needs essential facility to conduct business. In this case, S cuts down her internal communication by requiring her to work at the a subsidiary alone; also cuts down the external communication by controlling telephone and mobile phone; S fails to provide the essential work facility such as a computer and telephone; moreover, different from the management of other employees, S installs 2 cameras to supervise Ms. A. Although the laws have not stipulated the requirements of office facility, the management of employees shall follow the principal of rationality and fair, S’s behavior is not proper.

Actually, Ms. A won the lawsuit in the first litigation, but lost respect, but S lost both the lawsuit and respect in the second litigation. The management of employees shall be conducted not only in accordance with law, but also with rationality and fair, otherwise, the “Special Management” will not be sustained by the court.