According to Dahe Daily, recently, a video of "the company's female executives dismissing employees with an arrogant attitude and illegally" circulated on social networks, causing concern. The video is one and a half minutes long, and it is impossible to understand the cause and effect of the incident from the only footage. In the video, the woman was emotional and posted "I'm going to break the law now...... You can't find a job for two and a half years", this video was posted on the Internet and caused extreme discomfort among netizens.
Screenshot of the video
In the early morning of January 8, a statement circulated on the Internet, and the company suspected of being involved responded: It has ordered the human resources employee to suspend his job for reflection and take serious action. The statement also mentioned that the reason for Sun's dismissal was that he was incompetent to work.
According to the response, former employee Sun joined the company on June 25, 2023, signed a three-year labor contract and a confidentiality and non-compete agreement, and had a probationary period of six months. Due to Sun's incompetence, our company decided not to pass the probationary period. After consensus, the two parties signed an agreement on the termination of labor relations on December 1, 2023, and our company paid the wages and severance compensation for November in full on December 8, 2023.
The response has been signed, but there is no official seal, and the Dahe Daily Yu video reporter did not search for the original source of the statement, only the first report in the media.
At noon on January 8, Sun, an employee who was fired, said in an interview with a reporter from Dahe Daily Yu Video "Seeing": "The probationary period is about to be 6 months and I was suddenly fired, which is malicious dismissal, not that I am incapable." ”
Sun said that the reason for the conflict was that he opposed piracy and chip outsourcing, "because the chips designed using pirated EDA tools may have bugs, and I advocate that the company should have its own chip design and R&D team, but there are some things they don't accept." Sun said that he has 20 years of work experience in chip research and development, and he was invited by a friend to work in this company.
Screenshot of the video
Sun told reporters that the video was probably filmed on December 10, 2023, and it was not his first release, he just posted it to the company's group at that time, and was immediately removed from the group chat. Later, the company drafted an apology letter in his tone and asked him to sign the apology before giving compensation. "There are a bunch of apologies on it, such as that I don't match the company's corporate culture, lack of ability, etc. Sun said that he had not yet received a resignation certificate.
On the afternoon of January 8, the reporter of Dahe Daily and Yu Video "Seeing" called the company involved and the human resource employee Jing respectively, but no one answered the phone, and the reporter sent a text message to Jing, but there was no response as of press time.
Regarding the dismissal of employees during the probationary period, Zhang Yonghui, a lawyer at Zhejiang Han Ding Law Firm, said that the probationary period is not a "casual period", and the employer cannot "fire squid" at will. The employer may terminate the employment contract with the employee during the probationary period only under the following circumstances:
Article 39 of the Labor Contract Law: An employer may terminate a labor contract if an employee falls under any of the following circumstances:
Those who are proved to be ineligible for employment during the probationary period, who seriously violate the rules and regulations of the employer, or who are seriously derelict in their duties, engage in malpractice for personal gain, and cause major damage to the employer.
Article 40: Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
If a worker is sick or injured not due to work, he or she is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
Zhang Yonghui believes that there should be sufficient evidence to prove the termination of the labor contract during the probationary period on the grounds that the employee does not meet the employment requirements, otherwise the compensation for the illegal termination of the labor contract should be paid. In this case, if Sun believes that the employer has illegally terminated the labor relationship during the probationary period, he can apply for arbitration to protect his rights. (Big River News)