The "Labor Law" has been in force for almost 30 years, why are there still so many enterprise managers who know that they are violating the law, but they don't care?
In response to such a phenomenon, even the official media can't stand it, and 4 questions have been asked in a row about the "female executive's illegal dismissal of employees", all of which have hit the pain points of the "Labor Law", and the truth interpreted by experts is indeed heart-wrenching.
Event Recap:
Recently, a former employee of a technology company in Beijing posted a video on the Internet.
In the video, a female executive said arrogantly to the camera: "I broke the law, what's wrong? I will dismiss you illegally, don't you understand people?"
After hearing this sentence, many people must be very uncomfortable in their hearts, they are all workers, why bother people so much.
What's even more shocking is that the female executive also threatened the employee who was dismissed, saying: "You can go to labor arbitration, I have people in the first and second trials, you can't find a job for two and a half years, and I will eat and drink next."
At first, I thought that the female executive did not understand the "Labor Law", and only threatened the departing employees with her words.
Once the departing employee applies for labor arbitration, first mediation, then arbitration, and finally sue, to be honest, if the other company has refused to perform, then during the two and a half years, it is really difficult for the departing employee to find a job, who is willing to find an employee who is burdened with labor arbitration to work, so this female executive really understands the hardships of ordinary employees' rights protection, so she has been very arrogant.
Maybe the attitude of this female executive is too arrogant, so some insiders posted some of her personal information on the Internet, in general, everyone's evaluation of her is uneven, some say that she is more rigid, and very strong, in the original company called "exterminator Tai", and also said that she is very good, but she was provoked that day, so she said some impulsive words.
Sun said that the reason why he was terminated from the labor contract was because he advocated that the company should use genuine software and master the core technology, but the company's leadership advocated the use of pirated software, and many core technologies were outsourced.
Sun also said that this female executive Jing is a person with very serious formalism, the company circle culture is very serious, many people together do not engage in scientific research at all, but engage in social culture, mahjong culture, wine table culture, there is no appearance of a technology company at all, the most important thing is that I came to this company when I was invited by a friend, and now I regret it when I think about it.
The two sides insist on their own words, and it is really difficult to say who has the problem at present, but the only thing that is puzzling is why Sun's labor contract is signed for three years, and the internship period is 6 months.
After this matter fermented, many netizens came forward in the comment area @XX trade union to help solve it, because in June last year, XX trade union had helped foreigners get wages and year-end bonuses, which was indeed a sensation at that time.
But the question is, why many Chinese workers who are owed wages have been slow to solve the problem of unpaid wages, and for a while, it is indeed surprising.
Later, a certain trade union also made a statement on the Internet, saying that it has been helping Chinese workers to ask for wages over the years, but it has not been issued in a high-profile manner, after all, this is its own responsibility, there is no need to send it out every day, don't misunderstand.
Just a few days after the female executives in Beijing illegally dismissed their employees, another infuriating "illegal dismissal" incident was exposed in Shenzhen.
It can be seen from the video that the male executive said very clearly: "I just forcibly dismiss you, you go to sue, arbitration or where to sue, from today onwards, the dormitory and the port area, you can't come in."
Then he said in a very high-profile manner: "I just broke the law, you go, leave here tonight."
When the employee asked if there was no compensation at all, the male executive said, "No, you can sue wherever you want."
This matter is really the same as the incident of the female executive in Beijing, who justifies the illegal dismissal and tramples on the interests of the employees.
In response to such a thing, the official media "CCTV" also released an article, 4 consecutive questions to the point, maybe such a thing will usher in a turnaround in the future.
The first question is, the Labor Law has existed for 30 years, why do both sides have to bypass it and choose "extrajudicial" to solve the problem?
The second question is, in practice, is there really such a big loophole in the law?
The third question is whether the employee involved will be held accountable for uploading the video, resulting in the female executive being "cyberbullied"?
Fourth, how to determine whether "the employee's performance is qualified or not" and legally and properly handle labor disputes?
A netizen once said that the road to rights protection after he was illegally terminated from the labor contract was very bumpy, first mediated between the two parties, although there was official intervention, but if he encountered a rogue company, this link could basically be skipped, because they just wanted to enter the next stage.
Then it came to labor arbitration, which not only wasted a lot of energy, but also probably wasted money, even if it took a lot of effort to win the arbitration, the company refused to execute, and there was a second instance, although there was a time limit during this period, most places were very busy, so this time was immeasurable.
The last step is the court to sue this step, the arbitration wins, the company refuses to execute, can only sue, the prosecution is a very long process, fast is a few months, slow is several years, even if it wins, the company still refuses to implement, there is no good way, wait until the enforcement of this step, maybe the company has already been yellow, so, rights protection is really a bit too procrastinating.
Therefore, many people choose to "extrajudicially" defend their rights when they know that the procedures are cumbersome, which is also a helpless move.
As for the problem that the employee involved uploaded the video, causing the female executive to be "exposed on the Internet", if there is false information, she may be held accountable, and if what the other party says is true, then it is another result.
There is also how to determine "whether the employee is qualified or not", this is who gives evidence, who takes evidence, if you say that the employee is not capable of working, give examples, come up with evidence, I believe that each industry has its own standards, if it is really unqualified, it can be dismissed, as long as it follows the process.
But if you just want to save costs and carry out illegal termination, then you have to weigh it, because once you meet a more serious person, he has been labor arbitration, sue, once successful, before the resignation certificate is given, the person's five insurances and one housing fund, all benefits are to be paid, and the company will pay a lot of money for this.
They know that they are breaking the law, but they still have to take risks, in fact, they are playing a game with the departing employees, everyone can read more "Labor Law" if they have nothing to do, the more they know, the more benefits they will strive for.
What do you think about this?