#实话实说#
"There will be rain in the madness of the sky, and there will be disaster in the madness of the people"
This female executive in Beijing could never have imagined that she was just firing an insignificant small employee at will, but she didn't expect it to cause public anger!
This time, the female executives who shouted "What can you do with me if you break the law" and "I have a human being in labor arbitration" finally paid the price for what she did.
This is the recent uproar of the "female executives illegally fired male employees" incident, as the incident gradually fermented, the female executive's company was also picked up, in order to prevent being implicated, the company also investigated and made a statement on the matter.
And deal with the female executives involved accordingly: they have been ordered to stop introspection!
So what is going on, and how can you protect your rights and interests when you encounter this kind of thing in the workplace?
According to a report by Qilu Evening News on January 6, a female executive of a company in Beijing violated the termination of her labor contract and had a dispute with a male employee.
However, when netizens saw the relevant video, they couldn't help but be angry, and even began to wonder, what background did she have to dare to be so arrogant?
According to the online video, female executives and male employees are arguing, and the video is just over a minute long, but the first Internet buzzword of 2024 was born: "Can you control my illegality"
"I told you, I'm going to break the law now, can you control me breaking the law? Try to see if you can't find a job for two and a half years. ”
"You pack up my things and leave immediately, the first and second instance of labor arbitration, I have people, I will wait for you slowly, you don't want to find a job again"
I know that this is a senior executive arguing with employees, and I don't know that I think Qin Shihuang is here, not only illegally terminating the labor contract, but also someone in such and such a place, so flouting Chinese law, blatantly saying that she is going to break the law, who gave her the confidence?
And who is the "someone" in her mouth?
It stands to reason that this kind of contradiction is very common in the workplace, after all, no one can guarantee that he will be able to do the job when he joins the company, and no one can guarantee that his work will not go wrong, but such an attitude, such an arrogant statement, it is very intriguing.
Even the most basic employees are protected by relevant laws and regulations, and they also have the most basic human rights, even if they don't make much, they won't use such language to sarcastically ridicule each other, right?
Therefore, as soon as the video was exposed, netizens couldn't sit still and expressed their relevant opinions.
This Jilin netizen saw through the truth: "It's not that the female executive doesn't understand the law, but she knows that arbitration takes a long time, ordinary people really can't afford it, and the company's illegal cost is very low, just need to lose money"
This netizen said: "Blatantly challenging the law, do you look down on the laws of the mainland?"
Some people feel that she has embarrassed the people of Beijing, but fortunately she met an emotionally stable person, otherwise the consequences would be unimaginable, if this kind of crazy woman is not disposed of, there will be endless troubles.
And this netizen said that if the female executive is not dealt with, and the legitimate rights and interests of the male employee are not protected, then it will be the sorrow of all workers.
As the incident was hotly discussed, a technology company to which the woman belonged also explained, specifically the following points:
1. The female executive is Jing Mou, the company's HR officer, and the male employee is Sun, and the two had a dispute over the termination of the labor relationship;
2. Jing made inappropriate remarks because he was emotional, and sincerely apologized to everyone;
3. Jing has been suspended for reflection;
4. Former employee Sun joined the company on June 25, 2023, signed a 3-year labor contract and a confidentiality and non-compete agreement, and then failed the probation period because he was incompetent for his work ability;
5. The two parties terminated the employment relationship on December 1 and paid the November salary and severance compensation.
In this way, it seems that the labor relationship between them has been peacefully terminated, and Sun has been given wages and compensation in accordance with the regulations, and Jing has also been suspended.
Although the company explained, it failed to answer the most fundamental question, that is, what is the background of this well, and why is there someone behind the clamoring?
According to the company's public information, the company was established in April 2021 with a registered capital of $11 million, and there are two companies under the executive director.
In this way, it seems that the company is legally and formally engaged in chip development, and has just been established for a few years, this kind of company has a large turnover of personnel, and there are many labor disputes, so for them, the termination of a Xi's labor contract is nothing at all.
But no one expected that Mr. Sun was not going to labor arbitration, but "network arbitration", and this time the manager involved in the well was really "underwear" that was about to be stripped off.
According to the information on the Internet, Director Jing graduated from Tsinghua University and worked in two other large companies.
And the reputation of these two companies is not very good, maybe it's just nonsense under emotion, maybe it's because of their deep qualifications and graduation from a prestigious school, so they dare to make a big fuss, but what the specific reason is, presumably only they themselves know.
However, the above are all from the Internet to break the news, the authenticity is doubtful, everyone should still eat melons or not believe melons, look at and speak rationally.
However, this also raises the question, that is, how can employees protect their rights and interests?
Firing an employee for various reasons a few days after the probationary period is a common trick used by many companies because of the many benefits of doing so. The first is that the salary during the probationary period is very small, so that the lowest cost can be used to produce the highest benefit.
The second is the issue of insurance, now many companies are "handed over after the probation period", "after the performance is reached" as the reason, so in the view of job seekers, they will be willing to work for the company, and the salary is still very low, but I don't know that this practice has been suspected of illegality.
According to the relevant laws and regulations, the employer shall pay insurance for the employee within 30 days from the date of employment. That is to say, in the area of paying insurance, it is not divided into a probationary period or not, as long as it is within one month of normal work, you should apply for insurance.
If the company violates the contract, then the employee can terminate the employment contract and demand financial compensation.
However, most job seekers now do not understand this law, and employers will also take advantage of various loopholes, just to "prostitute" Xi students.
And when the Xi period is almost over, the dismissal is carried out for various reasons, so that there is no need to bear insurance, and secondly, the value of the Xi student is maximized, so that it is really a steady profit.
So this is also the situation that Mr. Sun encountered in the incident, he worked in the company for half a year, but when he was officially turned into a regular officer, he was told that he was not competent, which was like a bolt from the blue for Mr. Sun, who worked hard for half a year, and finally did not get anything, and had to find a job again years ago, so he had to go through a new round of Xi.
According to a lawyer in Beijing, the layoffs in the last few days are theoretically okay as long as they are within the probationary period, but what many units lack is that they do not prove that the employee does not meet the employment conditions, and if they can't prove it, it will also constitute illegal dismissal.
Therefore, in view of this phenomenon, the first thing is that the employer should clearly inform the employment conditions in advance, that is, the conditions under which the employee can be regularized, such as how much performance needs to be completed, how many customers need to be found, and so on.
If the employee fails to complete, then the proportion of how much is not passed, etc., should be indicated in advance, rather than HR saying no, it will not work, and if it does not pass, it should be explained reasonably.
As job seekers, we should also be familiar with various laws before looking for a job, and keep the corresponding video evidence such as punching in and out of work when working, so as to protect our rights and interests in the event of a dispute.
In this incident, Mr. Sun, a Xi student, was obviously dissatisfied with his treatment, so he asked HR for theory, but he did not expect the other party to say "it is illegal, there are people above".
and also ridiculed Mr. Sun for not being able to find a job for two and a half years, so he had to spend time with her in labor arbitration.
It's just that everyone must know that even if you fight this kind of lawsuit, you can find a job while fighting, as long as you appear in court at the time of the trial.
Therefore, this also tells us that we don't have to be afraid when encountering such a strong company, just keep the evidence and go to labor arbitration, and I believe that the law will definitely give us justice and justice.
What do you think about this? Do you have such an example around you? Welcome to leave a message to discuss!