Most large companies will comply with the regulations and give employees redundancy compensation accordingly. However, in order to save costs or the private behavior of individual managers, some companies will use some improper means to force employees to leave in order to avoid paying redundancy compensation. Many employees feel overwhelmed by this situation and end up not only suffering unfair treatment, but also losing a sum of compensation. Common tactics for these companies include:
1. Increase unreasonable workload, resulting in long-term overtime.
2. Conduct mental criticism, reduce employees' self-evaluation, and promote employees to leave voluntarily.
3. Lowering wages to make voluntary separation unacceptable to employees.
4. Transferring to another position may not match the employee's skills and interests.
5. During the interview, it is pointed out that the employee is not qualified for the job, and let the employee ask for his or her own resignation.
When encountering these means, be sure to remain calm and do not respond immediately. For face-to-face interactions, be sure to record to preserve evidence. Recordings ensure that you are in the upper hand in the negotiations. Leave evidence, leave evidence, leave evidence, this is a very important point.
In the face of all malicious means, the first thing is to leave evidence, if it is a face-to-face communication, please record, if it is an email or WeChat or internal communication tools, you need to save and screenshot, leaving evidence is the first step in the follow-up counterattack.
- In the face of salary cuts/transfers
Step 1: Confirm whether the company's actions are illegal:
1. Whether the salary reduction is lower than the salary signed by the contract, and if the salary has been increased, it is used as the standard after the salary increase (salary increase notice or salary payment record is required)
2. The contract does not stipulate that the unit can be transferred, and the transfer has nothing to do with the position signed by the contract or the current position
3. The contract stipulates that the unit can be transferred, but the new post conditions seriously affect the quality of employees' daily life
4. There is no legal salary reduction and transfer (any of the following circumstances are legal salary reduction and job transfer):
(1) The employee and the company reach a consensus. If the company actually pays the salary after the salary reduction, and the employee does not object for more than 1 month, it is deemed to have agreed
(2) The labor contract allows adjustment of positions and salaries, and the company transfers employees due to changes in production and operation (the employer needs to provide reasonable evidence for changes in business conditions)
(3) The employer adjusts and amends the remuneration system and adjusts the remuneration as a whole (democratic and publicity procedures are required to be considered effective);
(4) The unit stops work and production (according to the actual labor payment, it shall not be lower than the minimum wage standard, and the basic living expenses shall be paid if there is no work arrangement)
(5) The unit proves that the employee is not competent for the job and gives a reasonable certificate to transfer the employee, and the company system clearly stipulates the salary adjustment under the condition of salary of different positions
(6) Serious violation of the company system, the system specifies that the company can terminate the labor contract or reduce the salary and transfer the post with a single reflex
Step 2: Make your refusal clear
Email/VX send personnel and boss, clear refusal, you can directly send WeChat or email for refusal, the most rigorous way is to send "salary reduction / transfer objection letter", for the company's personnel or boss to receive our clear rejection need to screenshot the certificate.
You can use the magic weapon of Xiaofa to automatically generate the "Objection to Salary Reduction and Job Transfer"
- 【Law Big Cat】Mini Program - [Law Treasure Library], select [Help write "Salary Reduction and Assignment Objection Letter"]
- Click [Generate "Transfer/Salary Reduction Objection Letter"]
- Enter work-related information
- Generate a letter of objection
Step 3: Work normally and wait for a reply
Don't go to work because you are angry and aggrieved, so that it will be regarded as absenteeism or other company norms, and become a legal termination. Go to work and do things normally and wait for the company to reply.
Situation 1: The company does not reply
Operation: Clock in normally and wait for the next month's salary payment.
And then:
1.1 If the salary is reduced, the objection notice will be sent again and a reply and completion will be requested within 1 day
1.1.1 If you refuse or do not reply, send a Notice of Forced Resignation to terminate the labor contract
1.2 Pay according to normal salary, no salary reduction
Normal work, if you want to change jobs, then find a good job and leave yourself
Situation 2: The company replied to refuse
Action: Reject and continue to send the objection, then wait for the company to pay or make an actual obstruction.
1.1 If the salary is reduced, the objection notice will be sent again and a reply and repayment will be requested within 1 day
1.1.1 If the company refuses or does not reply, it will send a "Notice of Forced Resignation"
2.1 If the current position is hindered by various obstacles, it is impossible to carry out the current work
2.1.1 Send a letter of objection and add that the company has not provided the necessary labor conditions, please reply and restore the conditions within 1 day, and the company refuses, then send a "Notice of Forced Resignation"
When the employee can terminate the employment contract on his or her own initiative and receive compensation (N):
- Failure to provide labor protection or working conditions in accordance with the labor contract
- Failure to pay labor remuneration in full and on time
- Failure to pay social insurance for employees in accordance with regulations
- The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees
- The employer forces the worker to work by means of violence, threats or illegal restriction of personal freedom
- The employer violates rules and regulations by directing or forcing risky operations to endanger the personal safety of employees
- Using fraud, coercion or taking advantage of the danger of the other party to cause the other party to conclude or modify the labor contract contrary to the true intention
- Other circumstances under which laws and administrative regulations provide that an employee may terminate a labor contract
In any case of appeal, the employee may send the "Notice of Forced Termination of Labor Contract" to the employer, and the contract will be terminated when the notice is received from the employer, and the employer may be required to give N compensation. If the company does not compensate and compensate for losses, it may initiate labor arbitration.
Second, increase the workload and arrange long-term overtime
The company wants to fire you, but doesn't tell you explicitly, but forces you to leave by increasing your workload. In this case, you can take the following actions:
- Understand the company's policies and rights: The company has the right to increase the workload of employees, but employees are not only passively accepted. You need to understand your company's policies and rights to better respond to this situation.
- Retain evidence of overtime: If the company increases the workload, you can consciously retain evidence of overtime, including overtime application records, work logs, work reports, etc. This evidence will help you prove the company's misconduct in subsequent negotiations and litigation.
- Work at your own pace: You can work at your original pace and don't be overly stressed by the company's increased workload. If the work is not done, it can be left for tomorrow or the day after tomorrow.
Note: Here you need to subjectively judge whether the team is worth paying, whether you want to stay, whether it is a short-term goal sprint, etc., if it is a good team and a good career is worth working hard to rush
4. Exercise of rights: If the company forces you to leave voluntarily by reducing your salary or increasing your workload, you can exercise your right to be forced to terminate the employment contract and claim financial compensation.
To prove that the company is deliberately increasing the workload in order to force you to leave, you can take the following steps:
- Side-by-side: Compare with colleagues in the same department and position, record their workload and compare it with yours. If it is clearly more than others, it can be used as evidence.
- Longitudinal comparison: Compare the current workload with the previous workload. If a company requests a daily, weekly or monthly report, these records can serve as proof.
- Chat history: If there is a chat history with superiors or colleagues, it can directly reflect the fact that the company is asking for an increase in workload, which is the most direct evidence.
In short, if you face misconduct by the company, stay calm, follow Xiaofa's advice, keep evidence, and protect your rights and interests.
Third, the company says that the ability is not up to standard/PUA let you leave on your own
The first step, recording, saying important things three times, recording recording
Most of this situation is an interview, so remember to record and clearly record the expression of the other party's dismissal, so as to guarantee the subsequent rights protection.
If you don't have time to reply at that time, you can find the other party afterwards to "confirm the conversation", if the other party does not say, then it is regarded as not dismissed, work normally and prepare your own secret project, while waiting for other means to arrive.
The second step is to rationally analyze and see your own ability
First, if the company believes that the employee is not competent for the job, needs to give reasonable proof, and is still unable to do the job after trying the transfer and training, it can be dismissed, and the compensation will be paid normally according to N+1.
Secondly, rationally analyze whether you have indeed done deficiencies in some places, do not blindly deny yourself, if you want to continue to stay in the company, you can honestly admit the shortcomings, and then correct them.
Third, if you do not want to continue to stay in the company, you can ask the company to directly issue a notice of dismissal and follow the formal procedure.
Finally, generally at this time, the leader or relevant personnel have clearly thought about dismissing the employee, so no matter what the situation, at this time it is recommended to prepare yourself for the way back, no matter what other work plans are seen, do a side hustle or anything, Xiaofa supports everyone.
The third step is to compensate
In the following cases, the company is dismissed without compensation, and in other cases, financial compensation must be given.
1. It is proved that the employment conditions are not met during the probationary period;
2. Serious violation of the rules and regulations of the employer;
3. Serious dereliction of duty, malpractice, 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 upon the request of the employer;
5. If the other party concludes or changes the labor contract contrary to its true intention by means of fraud or coercion or taking advantage of the danger of the other party, the labor contract shall be invalid or partially invalid;
6. Those who are investigated for criminal responsibility in accordance with law.
What can Big Cat help you do?
In this process, Xiaofa can help them do the following:
- Xiaofa can help you write "Objection to Salary Reduction and Job Transfer", "Notice of Forced Resignation", and "Application for Labor Arbitration"
- The legal terms and questions involved in the process, especially when the company uses various legal provisions and professional genitalia to fight back, you can ask Xiaofa