"I'm breaking the law, what's the matter! If you have the ability, I can make you unable to find a job for two and a half years, and I have someone to play with you!"
Recently, a "Beijing female executive provokes the legal authority", and the unashamed threat to the dismissed employee has sparked heated discussions.
Netizens have speculated about which company's executives are this, and how powerful is their background? Dare to stand on the opposite side of the law, and the first person to lie down is "Beijing Shougang Group Co., Ltd."
The remarks of this female executive caused extreme discomfort among many netizens, the video was sent by a personal account at the beginning, and many media rushed to forward it within 24 hours in a blink of an eye, this video has spread rapidly and has become a hot topic, and this female executive has also been completely exposed in front of netizens across the country.
At that time, he also threatened the dismissed employee: "You have the ability to try one." ”
Seeing that the incident was intensifying and the flames innocently burned on him, "Shougang" issued a statement overnight that this executive was not an employee of the Group.
In the end, some netizens have found out that this is Jing Mou, the human resources director of "Beijing Pingxin Technology Co., Ltd."
(According to the apology statement issued by the company where Jing worked at the end, this netizen broke the news that it may be the company that Jing worked for before)
Netizens said that Jing's reputation in the industry is very poor, and there have been related posts on Zhihu about this "illegal dismissal" of employees, but it didn't have much impact, and it didn't ferment quickly until the video appeared on Douyin.
Because of Jing's image of "ignoring the law", "threatening employees", and "being a ruffian", he openly provoked the majesty of the law and challenged the bottom line of the masses, which eventually caused extreme discomfort among netizens, causing everyone to expose the matter one after another.
Because of arrogance, the only end is social death.
As public opinion intensified, the company where Jing worked finally came out and issued an apology statement:
The company's statement revealed three points:
First, Jing's remarks were inappropriate, and Jing was suspended due to the pressure of public opinion.
However, it is not known how long this suspension will last, and online public opinion will pass quickly.
Second, the company said that the dismissed employee was Sun, who joined the company on June 25, 2023, signed a 3-year labor contract, and signed a 3-year non-compete agreement with a probationary period of 6 months.
Third, the termination of the labor relationship with Sun was legal and compliant, and the termination of the labor contract with Sun was due to Sun's ability to do his job.
Fourth, the two parties signed an agreement on the termination of labor relations on December 1, and paid Sun's salary for November and severance compensation on December 8.
Judging from the statement, it is true that everything is legal and compliant, but in the end, why are the two sides tense?
Since it is legal and compliant, why did Jing say wildly, "I will break the law, what can you do"?
In fact, from common sense, even if we say it when we are angry, as long as we are not at fault at all, we generally will not say the opposite, not to mention that this is a matter involving the law, and Jing's remarks can completely affect the court's "mental evidence process".
Psychologically speaking, what a person says when he is angry is often true! There is a high probability that there is a problem between the two parties that has not been resolved when the labor relationship is terminated.
So what is the probability of the problem?
Is Sun really capable of doing his job? This requires proof from the company.
Article 40 of the Labor Contract Law stipulates that a labor contract may be terminated under any of the following circumstances, and 30 days' written notice is required to dismiss an employee:
(1) The worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired;
(2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
(3) There is a major change in the objective circumstances on which the labor contract is based, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
At the same time, the company and Mr. Sun signed a "non-compete agreement", and the "Labor Contract Law" stipulates that if a person who meets the conditions for signing a non-compete agreement with the employer resigns after signing a non-compete agreement, he cannot engage in relevant work during the "restriction period", otherwise he will breach the contract.
However, the non-compete period shall not exceed two years at most.
Article 24 of the Labor Law stipulates that the prohibition period of a non-compete agreement shall not exceed two years. In other words, if the period agreed by the parties in the agreement exceeds two years, the excess shall be deemed invalid.
Then Jing threatened in the video: "I will make you unable to find a job for two and a half years!", it is obvious that the "non-compete agreement" signed by the two parties is problematic, and Sun can engage in relevant work after 2 years without breach of contract.
In addition, the Labor Contract Law further restricts the application of non-compete clauses, and if a person who signs a "non-compete agreement" is dismissed by the employer, he or she is required to pay additional economic compensation, and the employer is required to pay the employee severance on a monthly basis during the non-compete period.
Article 23 of the Labor Law stipulates that an employer may stipulate a non-compete clause with an employee in an employment contract or confidentiality agreement, and stipulate that after the termination or termination of the employment contract, the employer shall pay the employee economic compensation on a monthly basis during the period of non-competition.
Therefore, according to the law, if Sun's company violates the law, it is nothing more than these two points:
First, whether the company fired Sun without cause, and second, Sun did not receive reasonable economic compensation.
Having said that, Jing's speech and demeanor are not at all the qualities that a high-ranking personnel customer should have, she is not ignorant of the law, but she despises the law, wants to take advantage of the loopholes of the law to damage the workers, and disregards the image of the enterprise to speak out loudly, which is essentially bad.
Such a violation of the majesty of the law, this kind of behavior really has to be controlled, violates the legitimate rights and interests of laborers, and returns a pure land to our migrant workers.
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