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For the four employees who were fired on June 30 this year, the trouble that plagued them for more than two months was solved on the third day after the hot search, and Li Xiaoying also received double compensation, totaling more than 160,000 yuan.
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Beijing News reporter Zhu Qinghua intern Cheng Ran, editor Chen Xiaoshu, and the school dealt with Chun Shu
Li Xiaoying was discharged from Xunyang People's Hospital in Shaanxi Province on June 30 this year at the age of 44.
She graduated from the local health school with a degree in nursing. He served in the military as a caregiver. In February 2006, she entered Xunyang County People's Hospital (now Xunyang City) as a nurse in the Department of Internal Medicine. Two years ago, he was transferred to an infusion center. Prior to his dismissal, he had worked at Xunyang People's Hospital for 17 years and 4 months.
In fact, this is not the first time that Xunyang People's Hospital has implemented the rule that "men over 50 years old and women over 44 years old are not allowed to continue working". According to a September 4 report by the Xunyang municipal government, 15 people will be discharged by 2022 and 4 people will be discharged in 2023.
Among the 19, Li Xiaoying was the first nurse to enter the labor arbitration process and successfully mediate. In August, he reached a settlement with the hospital through arbitration and received more than 80,000 yuan in compensation. This prompted previously dismissed people to defend their rights and brought this "regulation" to the fore, causing heated discussions.
On September 4, the Xunyang Municipal Government issued a notice saying that the Xunyang Municipal Human Resources and Social Security Bureau sent the "Labor Security Supervision Correction Instruction within a Time Limit" to the Xunyang Municipal People's Hospital on September 1, ordering it to inspect the "Measures for the Administration of Hired Personnel" within 15 days. The application is submitted after approval by the competent authority.
At present, after consultation between the two sides, Xunyang People's Hospital has paid double economic compensation to 19 dismissed employees.
For the four employees who were fired on June 30 this year, the trouble that plagued them for more than two months was solved on the third day after the hot search, and Li Xiaoying also received double compensation, totaling more than 160,000 yuan.
▲On September 4, the People's Government of Xunyang City issued a situation report. On September 1, the Xunyang Municipal Human Resources and Social Security Bureau sent the "Labor Security Supervision Correction Instruction within a Time Limit" to Xunyang Municipal People's Hospital, ordering the "Measures for the Administration of Hiring Personnel" to be reviewed within 15 days, and the competent bureau approved it. Do it later. Source: Xunyang Municipal People's Government official website
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At the age of 44, he suffered a career crisis
Li Xiaoying works in internal medicine. The night shift starts at 5:30 p.m. Every five days through 8:00 a.m. He has been doing it for 12 years. After that, he started the day shift, from 8:00 a.m. to 5:30 p.m. During the day shift, I can interact with many new nurses and pass on my experience.
In the hospital's internal medicine department, he walks more than 20,000 steps a day. After working for 15 years, Li Xiaoying applied for transfer to an infusion center due to a leg injury that had been running for many years. Although he doesn't have to run around, he still has to walk more than 10,000 steps a day. He remembers that the epidemic had just ended, influenza A(H1N1) was serious, and the infusion center was very busy. Sometimes the lines are long, all the way to the central entrance. Young nurses are too busy and lack experience in dealing with chaos. The head nurse said she was confident enough to let him get injections to ease the congestion in the queue. "In terms of emergency management, I adapt to the situation and still have certain advantages over young people."
The infusion center where Li Xiaoying works has a total of five nursing staff, most of whom are under the age of 35. Only nurses are parents, and only nurses are regular employees.
Zhao Linlin, who works in the pharmacy department, said that 80% of the families of employees in the pharmacy department are non-staff. The oldest of them is over 55 years old and reinstated after retirement.
Zhao Linlin has worked in Xunyang People's Hospital for 14 years and in the pharmacy of the outpatient center for nearly ten years, and also works night shifts. In recent years, I have only applied for a transfer to an inpatient center and only work day shifts.
In order not to renew his contract, Zhao Linlin was accepted as a practicing assistant physician with intermediate titles, but he still failed to overcome the 44-year professional crisis.
According to a number of interviewees, the first labor contract of Xunyang People's Hospital was only three years, and it will be signed every year after 2010. On June 30 this year, one of the four dismissed had been hospitalized for 20 years.
On June 1 this year, the notice of dismissal was sent to Li Xiaoying's department, and the next day he received a verbal notice from his sister. Employees who were laid off last year talked to him about it and told him to prepare in advance. This time, he really understood that it was his turn. "I have been working in the hospital for more than ten years, and I still have feelings in my heart. When I learned the news, I was sad. ”
Gong Yongwu, secretary of the party committee of Xunyang People's Hospital, said in an interview with Red Star News that the reason for the dismissal was that "these employee couples are too old to be suitable for front-line work."
Mr. Gong said there were more than 400 nursing staff at the hospital, many of whom had requested to be transferred due to physical reasons, such as "not being able to give injections to patients and not being able to work night shifts." "It is impossible to put hundreds of people in administrative logistics positions."
Li Xiaoying and Zhao Linlin did request a transfer, but the transferred position was still on the front line and was not idle.
Neither Li Xiaoying nor Zhao Linlin agreed with the statement that "you are too old to be suitable for front-line work". Zhao Linlin is a pharmacist whose daily job is to dispense medicines in the pharmacy. This job does not require much physical strength, and he knows medical skills, so the speed of dispensing medicine can actually be faster. "I'll have no problem working for another ten years."
This problem can arise in nursing. Li Xiaoying said that it is undeniable that in reality, there are definitely elderly care workers who cannot engage in front-line work due to physical reasons, but "one-size-fits-all" is not fair. Everyone has their own aging process. "One day, we will be 44 years old, in our youth."
As far as Zhao Linlin knows, only one of the 19 employees who were laid off has a family. He was fired in 2019 as a driver of 120 ambulances. The previous laid-off personnel were also from the laboratory department, quality inspection department and other departments, but this year's other three people were from the electrocardiogram room, the B-ultrasound room and the 120 dispatch center. They are still engaged in front-line work, not logistics. On September 1, a reporter from the Beijing News contacted Gong Yongwu, secretary of the party committee of Shangxunyang People's Hospital, who said that he was busy with related matters and was inconvenient to be interviewed. On September 4, after the Xunyang Municipal Government reported the situation, the reporter contacted Gong Yongwu again. He replied with a text message: "Thank you for your support and concern, I want to work seriously and quietly." ”
▲ "Xunyang People's Hospital Employment Management Measures (2023 Revision)" rules: men engaged in other positions are 55 years old, and women who are over 44 years old cannot participate in work again. Interviewee photo
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Labor arbitration
According to a circular issued by the Xunyang Municipal People's Government on September 4, 2017, the "Measures for the Administration of Hiring Personnel" of Xunyang Municipal People's Hospital stated that "except for clinical medical positions, men who work in other positions must be over 50 years old, and women over 44 years old". "Not for re-election."
The Measures also stipulate that "the term of employment contracts for incumbent personnel shall be one year. At the end of the contract, the decision shall be made based on the results of the comprehensive assessment of the hired personnel during the contract period and the situation of the hired personnel. "The situation of hospital employees and employment relations ensures the survival of the fittest and promotes reasonable employee mobility."
The latest version of the 2023 Administrative Measures for the Employment of Personnel in Xunyang People's Hospital (Revised in 2023) continues the above provisions. For medical practitioners and personnel with special vacant positions who have obtained intermediate professional titles, men must be at least 60 years old, and women who have reached 50 years old will not be extended; For other positions, men must be over 55 years old. , women who reach the age of 44 will not be rehired. The document shows that it was issued on April 28 and noted that it was copied to the Xunyang Municipal Health Bureau.
Before Li Xiaoying, the families of eight employees who will step down in 2022 also tried to protect their rights and interests.
As one of a family of eight employees who were laid off last year, Zhao and his colleagues applied to the academy management for an indefinite employment contract, but received no response. After a few rounds, not everyone has the courage and confidence to report the situation. The protection of rights and interests ends with a compensation of 10,000 to 20,000 yuan, and the maximum compensation amount does not exceed 25,800 yuan.
The salary structure of Xunyang People's Hospital consists of four parts: tenure salary, grade salary (hospital age), performance salary, and various allowances and subsidies. Taking Zhao Linlin as an example, these four parts add up, and his income is about 5,000 yuan. In the end, his compensation of more than 20,000 yuan was only calculated according to the post salary and salary grade salary, that is, the monthly post salary of 1,500 yuan plus the annual salary increment of 50 yuan, multiplied by 12 months, did not include performance fees and various allowances. Regardless of whether the length of service is 14 years or 16 years, the people laid off in 2022 are calculated based on 12 years of service.
Li Xiaoying and her entourage first went to discuss with the hospital management, hoping to continue their work. They were told to "follow hospital rules." The hospital gave them 25,000 yuan in compensation, but the negotiations failed. Subsequently, Li Xiaoying and two other colleagues each paid 3,000 yuan to hire a lawyer and applied to the Xunyang Labor and Personnel Dispute Arbitration Commission for arbitration.
The result of the arbitration is mediation. On August 22, Li Xiaoying reached an agreement with two hospital staff. In fact, Li Xiaoying's specific terms of compensation are not completely clear. He just thought the total amount was acceptable and signed the mediation document. The hospital paid Ms. Li 82,565 yuan in severance compensation for labor relations, that is, the actual monthly salary multiplied by 17.5 times the severance compensation, and Ms. Li voluntarily waived any other requirements. The payment was made some time ago.
Within a few days of receiving Li Xiaoying's compensation, the families of former employees who received only 10,000 to 20,000 yuan in compensation began to take measures to protect their legitimate rights and interests.
On August 31, the Xunyang Municipal People's Government issued a circular saying that the Human Resources and Social Security Bureau immediately intervened in the investigation and promptly disclosed the results of relevant investigations.
▲22. In August 2023, Li Xiaoying received a labor arbitration mediation letter and paid 82,565 yuan in economic compensation for terminating the labor contract. Interviewee photo
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Illegal spending
To be sure, the hospital broke the law.
Li Minglian, director of Beijing Quanyou Law Firm, told the Beijing News that the illegal acts of Xunyang People's Hospital include: failing to sign an open-term labor contract with an employee who has signed two consecutive fixed-term labor contracts; Employees who have worked continuously for ten years are not allowed to sign an open-term employment contract; Some of the contents of the Measures for the Administration of Hiring Personnel are illegal, and it is illegal to dismiss employees according to this document; It is illegal to terminate the contract unilaterally.
This conclusion is also supported by the Xunyang Human Resources and Social Security Bureau.
On September 4, the Xunyang Municipal Government issued a circular. After investigation, Xunyang People's Hospital formulated the "Management Measures for Hiring Personnel" in 2017. According to the regulations: "Except for clinical medical positions, men who work in other positions must be at least 50 years old, and women who are 44 years old are not allowed to re-employ". There are violations of laws and regulations. Issues such as the conclusion of open-term labor contracts, illegal termination of labor contracts, and calculation of economic compensation by eligible employees violate the provisions of Article 14, Paragraph 2, Item 1, Item 3 of the Labour Contract Law. Labor Contract Law of the People's Republic of China. and Articles 30, 9, 47 and 87.
On September 1, the Xunyang Municipal Human Resources and Social Security Bureau issued a notice to Xunyang Municipal People's Hospital on the "Labor Security Supervision Correction Instruction within a Time Limit", ordering it to review the "Measures for the Administration of Hiring Personnel" within 15 days, and report it to the competent bureau for approval before implementation.
Lawyer Li Minglian said that the purpose of an open-term employment contract is to ensure the stability of the labor relationship. Cases where open-term employment contracts are not concluded in accordance with the law are more frequent, and the results vary according to the requirements of the workers. The employee can request the renewal of the open-term employment contract and require the employer to pay double the wage difference during the period when the open-term employment contract is not signed; The employee may also request confirmation of the illegal termination of the labor contract, and demand the payment of economic compensation for the illegal termination of the labor contract, and is obliged to pay double wages during the conclusion of the employment contract with an indefinite term. Differences. Signed.
This time, the situation of the 19 people who were dismissed from Xunyang People's Hospital was fundamentally different.
Jiang Ying, a professor at the China Institute of Labor Relations, explained that in practice, the cost of breaking the law is relatively low for some employers. Some professional trades have certain age and physical limitations, he said. "A very common view is that if you're too old, you're not suitable for the position."
However, Jiang Ying believes that the employer's judgment of "incompetent work" must be based on an objective and strict evaluation system of scientific evaluation and appraisal, rather than subjectively one-size-fits-all. Age-based decisions. Jiang Ying said that if the assessment result is "incompetent" according to the labor contract law, the incompetent employee can be trained or his job adjusted. If they are still "incompetent" afterwards, they can be trained in accordance with the law. Termination of employment contract. "So it's not that the employer doesn't have any relationship with the employee, and the employee doesn't qualify for the job." It seems that if I hire him, I will have to use him for the rest of my life until he retires. The evaluation system could be strengthened. ”
In practice, if workers do not have a strong sense of the law, they will withdraw due to the high cost of rights protection, forming a vicious circle. This is normal. "In cases like the Xunyang People's Hospital, if a worker initiates arbitration or a lawsuit, the employer will almost certainly lose.
▲In 2023, Xunyang People's Hospital informed the four comrades of their employment relationship. Interviewee photo
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As the caregiver ages
The work of nurses is known as the "rice of youth". According to the hospital's secretary Gong, some people left voluntarily in their 30s and 40s. However, none of the laid-off employees interviewed by the Beijing News considered resigning.
In Xunyang City, working in a hospital with a monthly salary of about 5,000 yuan is both decent and stable for them.
Lu Qian has worked in Xunyang People's Hospital for 16 and a half years. The results of his work are quantifiable in the ECG room. There are 1 weekend and 3 single holidays per month. There are clear quantitative data on how many working days there are, how many patients receive an ECG per day, and how much each patient costs. Since working in the office, she has never felt incompetent. "I think we're still very young. I was asked to retire when I was able. I really can't accept it. ”
Lu Qian said that one of the people who retired together this year had a sister who had participated in the fight against the epidemic. This nurse is experienced and skilled in injections. "Every time someone can't get an injection, I tell him to hurry up, and he gets it right away." After the epidemic ended, he was recognized, but at 44, he is still a dismissed member of Victim A.
There are 3 public hospitals in Xunyang. In addition to Xunyang People's Hospital, Xunyang Maternal and Child Health Care Hospital and Xunyang Hospital of Traditional Chinese Medicine require a retirement age of 50.
"I could totally resist retiring at 50, but now I still have time to work. It's embarrassing to be 44 years old. At this age, everyone works for their original employer and is expected to retire at age 50. Who will change jobs? Zhao Linlin rides a motorcycle to work every day and can reach the hospital in more than 10 minutes. I also have to repay a loan of more than 1,000 yuan every month, and I also have to take care of my children's school meals. It can be said that this is an age. Here, he has no worries and can work with peace of mind. His first wish was to return to work in the hospital, but it was almost impossible.
During the 14 years he worked, the hospital also had the opportunity to take the exam, but either he was not ready or he was too old to take the exam.
After the chaos subsided, they continued their search for work. Li Xiaoying said that in addition to retirement apartments, there are also private hospitals to choose from.
Lu Qian encountered some obstacles in the process of finding a job. He asked about several jobs, but none of them were suitable. Now the whole county knows the news: "When we were looking for a job, our employer announced that your employer no longer needed you, what did we want?" "Even if you can find work occasionally, most of them only last for a month or two. "For a job with a salary of 2,000 yuan, they don't give you social security."
Lu Qian said that one worker was admitted to the hospital late and had been working for 10 years. He hasn't paid enough Social Security, but he's 44. "He has to find a way now, for example, if I have worked for more than 16 years and paid pension insurance for at least 15 years, he will be in trouble."
Zhao Linlin was lucky. Six months ago, he got a job at a community center clinic. Although her income is significantly lower than in the hospital, she is close to home and able to carry the workload and care for a sixth-grader.
Fortunately, these difficulties were temporarily alleviated after the hospital received a "clear correction order" and paid double financial compensation.
"Soon I will sign around 5 p.m. and the account will arrive in the evening." On the evening of September 3, Xunyang County People's Hospital, a former employee who was dismissed in recent years, received double the standard economic compensation. Taking Zhao Linlin as an example, last year he only received compensation of more than 20,000 yuan, but this year this figure was recalculated to about 120,000 yuan. Li Xiaoying eventually received more than 160,000 yuan in compensation.
After the money arrived, they were satisfied and did not want to discuss the dispute with the hospital. The small county town is a group of acquaintances, and people have an inseparable fate. Some relatives and friends still work in the hospital, and they are worried about affecting those who still work in the hospital.
Previously, on August 25, Xunyang People's Hospital issued the latest recruitment announcement, recruiting 20 nursing staff, and the age limit was under 30 years old.
Jiang Ying believes that the incident at Xunyang People's Hospital has exposed the employer's disrespect for workers. "I just wanted to use young people to embody employer arrogance. If young people know that they will be eliminated at 44, then the cohesion and motivation of employees to work will be greatly reduced. The closer he is to this age, the more people are eliminated. "People are in danger." The work of the staff in turn influences the hospital's services and development. Jiang Ying believes that protecting workers ultimately promotes common development, and employers and workers build, share and develop together. ”
Jiang Ying said that as China has gradually aged, the labor market has changed, and if the labor force continues to shrink, people should not discriminate against middle-aged workers.
(At the request of interviewees, Li Xiaoying, Zhao Linlin, and Lu Qian are pseudonyms)
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Part of this article was first published on the Beijing News public account "Onion Peeler"
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