Confrontation | What's wrong with me breaking the law?
As night fell, in a dimly lit office, the light cut the space obliquely through the half-drawn blinds, reflecting HR's grim face. The clock on the wall ticks, as if counting down some kind of irreversible end.
A young Xi employee in Beijing, his hands are nervously clasped together, and the corners of his mouth tremble slightly, why is this happening?
Because when the Xi students were looking for a job, they said that the probation period was 6 months, and they would join on June 25, 2023.
As a result, 5 months after the Xi, the company said that it would fire him due to "lack of work ability", and also terminated the labor agreement...
So when I heard that I was going to be "terminated from the labor agreement", the Xi was very panicked, but he was also very angry, I have been doing this for more than 5 months, and I will soon be 6 months, if I don't open it early or late, why should I be fired now...
So, the young man tried to defend the female leader who fired him, and questioned and retorted: "The company is firing me now, this is illegal, and I have to wait for the labor bureau to judge and deal with it..."
However, I didn't expect that the female leader didn't panic at all...
"I'm telling you, I'm going to terminate the contract in violation of the law right now!" HR's voice was cold, and his words were full of threats and disdain.
The Xi student's voice trembled, but he still mustered up the courage to refute back: "Why did you break the law and dismiss?"
The female leader listened to the Xi student's reply, and there was only impatience and contempt on her face. Her eyes widened, and her voice became sharper: "Can you control my illegality? ”
The Xi still wanted to fight for himself, so he said to the female leader: "If you break the law, then you have to follow the law." ”
But the female leader disdained to say to the Xi students: "You can't understand people's words, I said I broke the law, you can't understand people's words." ”
"Then wait for labor arbitration", the Xi student returned.
Hearing this, the female leader's eyes suddenly became sharper, and she said to the Xi students: "You go, you go now, I am breaking the law, you go to sue me." Then, she ordered the Xi students to pack up their things immediately and leave the company immediately...
The Xi student must be angry, so he said, "Then wait to apply for labor arbitration", as soon as this word landed, the corner of the female leader's mouth hooked a mocking smile, and said coldly: "Labor arbitration first instance and second instance, I have people, I wait for you slowly, I let you not find a job for two and a half years, you try it!"
——
Hearing this, the Xi student scolded the female leader: "Do you have no legal awareness at all, how can you be like this." ”
But what did the female leader say: "I just don't, I told you, I broke the law, I broke the law, I told you, what can you do with me, I am this quality, what do you do." ”
In the face of her misconduct, the female leader had no remorse, but gloated and said to the Xi students: "I TM will have food next month!" The Xi students had no choice but to send the video they wanted to shoot on the Internet, but the female leader continued to threaten: "You dare to upload the video to try! I will call 110 now." ”
This makes people very strange, since this female leader doesn't care about the law, she said "I broke the law, what can you do to me", so why did she see employees filming videos and call 110 to defend their rights and protect their rights and interests?
Obviously, this female leader is "knowing the law and understanding the law"-
But she just wants to bully others.
The video of the confrontation between the two was quickly circulated online, and public opinion was almost one-sided in favor of the "fired Xi student."
But some netizens said: "In addition to her not very good attitude, every word this female executive says is the truth"
Some netizens also said:
She can be so crazy about her illegal dismissal, because you have to apply for arbitration, and then it may drag on for a year and a half in the first and second instances.
The company will not pay any extra price. And you end up exhausted and spend energy, time, and money, and at most you can only get what belongs to you, not much. No, you will most likely have to hire a lawyer, and the lawyer will charge 5,000-10,000 or even more at any stage, and there will not be much left in your hands in the end.
Everyone understands this kind of design, and the designer himself doesn't want you to defend your rights. "It's not that I haven't given you a way to defend your rights, but the threshold is too high, and the threshold is too much, so I can't blame me."
Some netizens said:
The absurd thing is that what she said is the truth, don't be unconvinced.
Workers' rights protection, arbitration starts in half a year. When the arbitration result came out, the company chose to appeal, and the first instance began for half a year. When the results of the first instance come out, the company can continue to appeal, and the second instance starts from half a year. Even if the worker wins the lawsuit, the enforcement phase can be delayed for another six months.
In other words, even if all the arbitration appeals are won, the company will be able to owe wages for two years at the earliest possible time without paying any price. The company and the workers were not equal from the beginning.
For the company, there are legal affairs, and there is time to accompany you to spend time on procedures. At worst, it will only end up being paying the wages that should have been paid.
Workers not only have to pay for lawyers, but also spend a lot of time and energy, and the best result is only to get back the labor remuneration that belongs to them. In any case, the workers will suffer.
And just like what she said in the video, she can also give you a resignation certificate, which will affect your job search, and her calculations will be clear.
This matter continues to ferment on the Internet.
In the early morning of January 8th, a company called "Beijing Neox Technology Co., Ltd." came out to claim the incident and issued a statement saying: There is indeed something within the company, but this matter has been "resolved", and the salary and severance compensation have been given....
However, netizens don't admit it. The male employee who was fired also said in an interview that he had not received an official resignation certificate.
So now this matter is getting bigger and bigger! The fired male employee also took the initiative to reveal more details in an interview.
Back to the scene
According to interviews with journalists and the media,
We can roughly know the following details:
First, what happened that day and why was he expelled?
According to the dismissed male employee Sun (pseudonym):
The day he was fired, it was a normal working day, he came to the company to clock in and go to work as before, Sun was about to serve for half a year, and he was about to become a regular at the end of the probationary period....
But on that day, the female leader Jing suddenly walked in and told him that the probation period had not expired and let him go.
Sun felt incredible, the "probation period" did not pass, he didn't say it sooner or later, but he said it when he was about to turn positive, and Sun is not a newcomer in the workplace, he has been in the workplace for many years and knows the rules.
Moreover, this time he applied for the "leader of the technical team", which is also the management of the company's development team, and in most cases, he will not be easily fired or fired...
However, hearing the news of the dismissal, Sun felt that he also recognized it, after all, he had had conflicts with the company before.
The contradiction goes like this:
After joining the company, Sun found that the company had been using pirated software to make chips, and Sun was very opposed to this.
In Sun's view, there are a lot of bugs and failures in the chips made with pirated software, and the quality of the chips cannot be guaranteed, and the company not only uses pirated software, but also cracks hundreds of genuine software and IP, which is huge....
He has always been dissatisfied with the company's practice of "piracy", because it is not only an infringement of intellectual property rights, but more importantly, it is easy to produce bugs and problems when you use pirated software and cracked software to make "chips" and "content", which does not meet the quality inspection.
So after hearing that he was "fired", Sun also felt relieved, but he still had to get what he deserved when he left, so he refuted the female leader Jing who asked him to pack up his things and leave: It's okay to go, and the salary will be settled first.
Sun moved out of the legal clause and said: The "Labor Law" stipulates that you must settle your wages before you can leave, but Jing was unwilling at that time, so there was a conflict and confrontation in the above content.
Second, what was the follow-up to the confrontation that day?
According to the dismissed male employee Sun:
After the confrontation, the two called the police on the spot, but the police on the other end of the phone said that they could not control the matter, and that it was a "civil labor dispute" and did not fall within their scope of competence.
The police on the other end of the phone can only suggest that they go to third-party mediation, a complaint from the labor department, or labor arbitration...
Since the police couldn't intervene, after hanging up the phone, the female leader Jing kicked Sun out of the company, and took back Sun's access control authority in the company, so that he couldn't enter the door. So since that day, Sun has never returned to the company.
However, it is precisely because of this "confrontation" that it also affects Sun's future career, according to Sun: So far, Sun himself has not gotten a formal resignation document.
Why haven't I gotten the official resignation papers?
Because at that time, according to the unspoken rules of the workplace, when handling the "resignation procedures and resignation documents", even if "the company's Xi period has not passed", "normal resignation" would be written on the "resignation documents".
However, the resignation document that Sun received before read: "It does not conform to the corporate culture and lacks ability"....
And because Sun is a development team management position,
So after "confronting the female leader", the company that fired him also accused him of stealing the results of his team's subordinates.
This is obviously piling Sun into the fire pit.
The purpose was to make Sun unable to find his next job, so Sun said in an interview that the company that fired him fabricated a lot of rights and wrongs in the "resignation documents".
Sun does not believe that the "resignation document" issued by the company is a formal resignation document, and the previous document is a resignation document with "private emotion".
Therefore, in Sun's view, after the day of the confrontation, until now, he has not received a formal resignation certificate and resignation document, and the company's purpose is to harm him.
Therefore, if the company is unkind, don't blame Sun for being unjust.
Since the company does not spare favors, Sun does not save face.
And so there is—
Third, more "details" were revealed by breaking the jar.
According to the revelations of the expelled male employee Sun:
a. The company that fired him was suspected of tax evasion.
I was the leader of the development team, and I signed a contract with Oaks to actually work for Apple Core. Apple Core and Oaks are the same company, and Oaks is suspected of using it to avoid taxes. The company has about 100 people, and there are branches outside Beijing. (Authenticity to be verified).
b. The company that fired him did not engage in technology and engaged in a small circle culture.
Their core technology relies on outsourcing teams and has no profitability. The company has been established for three years, and it is still a round A financing, and there is no B round. No one is making chips, the coverage rate of technical posts is only about 20%, and there has been no mass production, and there is no profitability.
Under the impetus of Jing, the management formed a small circle to have lunch together. The corporate culture here is essentially a relationship culture, a small circle culture, and a mahjong culture. They don't respect the market and don't fit in with the industry.
c. The female leader who fired him engaged in formalism.
Jing is very fond of corporate culture and formalism. She used to use the matter of wearing clothes to stand up and see who was not loyal to the company. In Beijing in October and November, it has cooled down, and our company's uniform is still short-sleeved. Every time a meeting and a leader inspects a short-sleeved uniform, he said at the end of an inspection, "Your company's employees are really in good physical condition." ”
In Jing's eyes, there is only power and no law, power is greater than the law, and she also showed off that she once used "means" to fire a pregnant female employee.
Public opinion has fermented to the present,
It was not only Sun himself who broke the news in an interview, but anonymous breaking news posts also began to appear on the forum.
Of course, as for the authenticity of these breaking news posts, we can't verify it for the time being, just for reference, please don't believe the rumors.
Written at the end|The truth will fly for a while
At present, public opinion on the Internet is one-sided,
But it is worth noting that the current revelations are all on the side of the fired male employee Sun.
At present, the female executive herself and the company at the center of the public opinion storm have not responded to the latest revelations and controversies.
Therefore, some netizens also proposed: This video can't be taken out of context, the words of unilateral employees are not credible, and now this video also has the possibility of splicing, and the report does not mention why the female leader is angry...
There must be a reason why the female leader is irritated.
So there is still a question in this incident, is this incident a simple female leader's temper and personality? Or is this the female leader "forced" to lose control of her emotions and threaten to call the police.
What is the full process of this event?
What exactly happened before and after the video?
Apart from the two parties, no one knows exactly what happened.
So I'm afraid this matter will continue to ferment, and please eat melons rationally, don't make personal attacks, and don't spread rumors.
And the truth may still be in the noise for a while.