Peninsula all-media reporter Yin Yanxin
On January 6, an arrogant video of layoffs went viral. "I'm going to break the law right now. "Can you control me if I break the law?" Yes, I'm breaking the law! You can't understand people!" The arrogant language in the video made many netizens feel uncomfortable, and it quickly aroused the crusade of thousands of netizens. In the early morning of January 8, Beijing Neox Technology Co., Ltd. issued a statement that human resources employee Jing was suspended for reflection, but this statement did not calm down the incident. At noon on January 8, the male employee who was suspected of being dismissed spoke out. What are the pain points of this incident? Is there a law to follow for Jing's arrogance? In this regard, this reporter invited a professional lawyer in the field of labor disputes to interpret this.
Incident>>>
The short video of layoffs hurts the workers
At 23:12 on January 6, a short video appeared on the Douyin short video platform, titled "It was rumored on the Internet that a senior executive in Beijing was laid off, rampant to the sky: Can you control my illegality? You can't understand human words if I break the law!", and then the short video spread wildly in a short period of time, and it has become popular on the whole network on January 7.
@DJng Yong: I really want to know who she is. Make her crazy to this extent. "@美的廖姐: Labor arbitration has some people, two and a half years to make others unable to find a job, it's too arrogant, check her carefully" The words of the female executive hurt the hearts of many workers, and they left messages to express their views.
Since the citizen did not mention the name of the company, some netizens once associated it with Shougang. On the evening of January 7, Shougang Group Co., Ltd. responded to the online rumor of "Shougang female executives illegally fired employees", saying that the woman in the online video was not an employee or executive of Shougang Group, and the incident had nothing to do with Shougang Group. Beijing Shougang Basketball Club also responded, saying that the woman in the online video was not an employee or executive of Shougang Sports and Beijing Shougang Basketball Club, and the incident had nothing to do with Beijing Shougang Sports Culture Co., Ltd. and Beijing Shougang Basketball Club.
The human resources employee involved has been suspended
In the early morning of January 8th, Beijing Neox Technology Co., Ltd. issued a statement: Recently, there was a video of a dispute between our human resource employee Jing and former employee Sun due to the termination of labor relations on the Internet. The situation is explained below. Mr. Sun, a former employee of our company, joined the company on June 25, 2023, signed a 3-year labor contract and a confidentiality and non-compete agreement, and the probation period was 6 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, and our company paid the wages and severance compensation in full for November on December 8 in accordance with the agreement. The above procedures are handled in accordance with the law. Our company always adheres to the rule of law, we believe in the rule of law and fairness in the society, and strive to create value for the society.
Employees suspected of being dismissed spoke out
At 11:37 on January 8, a user on Toutiao posted a message saying that he was a fired employee. He said, "Beijing Neox is also known as Pingxin Technology, the so-called suspension of female executives is impossible, female executive Jing is a classmate with the company's big boss, and the relationship is very iron, and she went back after a while." The reporter sent a private message to the publisher of the message, expressing his intention to interview, but did not receive a reply as of the time the news was released.
According to the national enterprise credit information publicity system, Neox is a wholly-owned limited liability company in Taiwan, Hong Kong and Macao, with a registered capital of 11 million US dollars, registered and established in the Market Supervision and Administration Bureau of Haidian District, Beijing, and its business scope includes technology development, technical consultation, technical exchange, technology transfer, technology promotion, technical services, etc.
According to Tianyan, the company's staff size is less than 50 people, and the number of insured people is only 10. After the release of the incident, as of 11:30 a.m. on the 8th, there were more than 300 pieces of public opinion information related to the company on the Tianyancha platform.
解读>>>
It is necessary to simplify the procedures for workers' rights protection and reduce the cost of rights protection
In the video, the female executive and the employee had an argument over the termination of the labor relationship, and said emotionally that "labor arbitration, first instance, second instance,...... You can't find a job for two and a half years", the female executive's remarks have attracted widespread attention. What is the basis for the time cost of defending rights when it takes two and a half years to handle a labor dispute case?" According to the provisions of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the mechanism for handling labor disputes is, in principle, 'one mediation, one adjudication and two trials', that is, after the occurrence of a labor dispute, the two parties to the dispute can choose to negotiate and mediate on their own, and if the mediation fails or fails to perform after reaching a mediation agreement, they can apply to the labor dispute arbitration commission for arbitration. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court except for the case of final award, and if it is dissatisfied with the judgment of the first instance, the party may file an appeal, and the judgment of the second instance shall be final. The court will not accept labor dispute cases that have not been handled by arbitration. Song Lei, a full-time lawyer at Shandong Deheng Law Firm, said that the time cost of this circle of procedures is indeed long. "If an employee claims to continue to perform the employment contract due to illegal termination and is supported by the court, he or she may claim the relevant wages and benefits from the employer during the rights protection period. Lawyer Song Lei also said.
"Compared with the mechanism of second-instance final adjudication of other cases, the pre-procedure of arbitration is set up for labor dispute cases, which objectively does increase the procedure and time for workers to protect their rights. Lawyer Song Lei said that as a worker on the weaker side, the level of understanding of labor law is indeed inferior to that of the employer, and it is difficult to invest considerable time, energy and financial resources, and is forced to make concessions repeatedly due to the consideration of time cost, in order to transfer economic interests in exchange for the timeliness of rights and interests protection. In this regard, lawyer Song Lei believes that on the one hand, it is necessary to simplify the procedures for protecting the rights of workers and reduce the cost of rights protection, and the relevant regulatory authorities should take the initiative to exercise their regulatory rights, improve work efficiency, and prevent, detect and punish similar behaviors in the video in a timely manner. On the other hand, it is necessary to strengthen the legal publicity on the protection of employees' rights and interests, standardize the personnel management and rules and regulations of employers, and let employees understand the ways to protect their rights and rationally protect their rights in accordance with the law. Justice that is long overdue cannot demonstrate the justice of the law, and fair and timely protection can make workers truly feel the protection of the law.
"Because the video is just over a minute long, we don't know the cause and effect, and many things are not very good to evaluate. Wang Kefeng, member of the Qingdao CPPCC and director of the China-Japan-South Korea (Qingdao) Youth Innovation and Entrepreneurship Base, said, "But there are several issues that still need to be reminded, the first problem is that in the current economic downturn, enterprises should fulfill their social responsibilities and should not arbitrarily terminate labor contracts in violation of laws and regulations. ”
The reason why this matter has developed into such a public opinion is inseparable from the way the female executive speaks and the content of her speech. Wang Kefeng said that speaking so badly should not appear as a corporate executive, "The senior executives of the enterprise, HR personnel, represent the image of an enterprise, no matter what the reason to dismiss an employee, it should be solved through reasonable and legal procedures, rather than in a simple and rude way in the video." ”