How Much Do You Know About Layoffs In Disguised Form

In the past few days, the Ku6 layoff event has finally made an obvious progress:

In the morning of May 25, Yuanku6 sale Vice President Zeng Xingye and nearly 40 laid-off employees in Beijing once again rushed to the Labor and Personnel Dispute Arbitration Court of Haidian District Labor Bureau to formally submit a complaint against violent layoffs in the name of a collective.

The complaint made a written statement on the course of the layoff event on the 18th, pointing out that "the violent layoff of Shanda Lightning can be called no communication, no writing, no explanation"; As workers, employees' "legal and economic rights and interests are not guaranteed" and "personality is not respected". The complaint reiterated the three requirements of apology, punishment and resumption of work mentioned in the press conference statement on the 22nd, and requested the relevant departments to supervise Shanda's "illegal and unreasonable layoff behavior" and order it to correct and punish.

On the same day, the Labor and Personnel Dispute Arbitration Court of Haidian District Labor Bureau accepted the complaint and immediately organized investigation and evidence collection. At 0:45 on the same day, Beijing Haidian District Human Resources and Social Security Bureau made a ruling according to law: according to Article 29 of the Labor Law and Article 41 of the Labor Contract Law, Ku6's "May 18 layoff event" was deemed illegal, confirmed that the layoff was invalid, and ordered Ku6 to rectify within a time limit before May 30.

Ku6 layoffs were judged as illegal layoffs. What should we do in the face of these situations?

face Layoff We must be soberly aware that we must learn to use legal weapons to protect ourselves.

First of all, we need to know what kinds of situations cannot be laid off:

According to the relevant provisions of the Labor Contract Law, the employer shall not reduce the number of employees in any of the following circumstances:

（1） Engaging in contacts occupation The laborer in the disease inductive operation has not undergone the pre departure occupational health examination, or the suspected occupational disease patient is in the period of diagnosis or medical observation;

（2） Suffering from occupational disease or work-related injury in the unit and being confirmed to have lost or partially lost the ability to work;

（3） Illness or non work related injury within the prescribed medical treatment period;

（4） A female worker is in the period of pregnancy, childbirth or lactation;

（5） Having worked continuously in the unit for 15 years or more, and less than five years from the statutory retirement age;

（6） Other circumstances stipulated by laws and administrative laws. In other words, only workers who are not in the above six situations can be included in the layoff list of the enterprise.

Who should be given priority in layoffs?

According to the relevant provisions of the Labor Contract Law, the following workers should be retained preferentially when downsizing: (1) signing a long-term fixed term labor contract with the unit; （2） Concluding a non fixed term labor contract; （3） There are no other employees in the family, and there are old people or minors in need of support. It is worth mentioning that if the employer re recruits personnel within six months, it shall notify the downsized personnel and give priority to the downsized personnel under the same conditions.

Case:

Case 1

After working in an intermediary company in Fuzhou for more than a year, this year, the company only managed social security and medical insurance for Mr. Chen, but refused to hand over the relevant certificates to Mr. Chen.

Miss Li, who works in a foreign trade company in Fuzhou, also encountered similar problems. She said that the company did not issue social security medical guarantee for a purpose. She said that she proposed to resign this year, and the company withheld her 2005 year-end bonus, otherwise the company would not give her social security and medical insurance certificates. "I have no choice but to pay," she said. In the past three years, she has paid much more social security and medical insurance than the annual bonus.

Analysis: The employee's social insurance and medical insurance related certificates should be held by the employee, and the employer should not withhold them without permission; The employer shall not use the private property of the employees who have been awarded the bonus to coerce the employees to return the bonus. In this regard, employees can apply for labor according to law.

Case 2

Ms. Zhang from Fuzhou said that she had worked in a privately contracted educational printing factory for more than a year, and the factory had verbally agreed with her on probation and salary, and there was no insurance such as social security. Last month, a colleague in the factory asked for maternity leave, but the contractor said that no contract had been signed.

Analysis: In terms of labor relations, the employer has the obligation to handle social insurance and medical insurance for employees in accordance with legal requirements. During the maternity leave, the employer is obliged to pay the salary, reimburse the birth expenses and pay the birth allowance. Employees can complain to the labor security department or directly apply for labor arbitration. {page_break}

Sometimes, layoffs are not terrible, but more terrible in disguised form.

1. Cancel some conventional welfare and flexible work systems such as free lunch, so that employees can quit when faced with difficulties

After an IT company cancelled the free lunch benefit last year, it began to discuss whether to continue to implement the flexible work system at the beginning of this year, saying that it was in the economic downturn. Employees want to keep their jobs, so they don't need to provide these additional benefits. But some people who need to take care of their families have to take the initiative to "cut themselves".

2. Improve the performance appraisal standards, so that employees can not pass

A securities company has recently stipulated a new performance appraisal standard, and employees whose business fails to meet the target can only get a fixed part of salary; There are still some customer managers who have not obtained the broker qualification certificate. According to the standards issued by the CSRC, some people cannot continue to engage in this industry.

3. Frequent fines and demerit recording

A company invites special supervisors and supervisors to check the post at any time. If there is any behavior such as sitting down, chatting, or leaving the computer, a fine of 200 yuan will be imposed. An employee was fined 500 yuan for being late for 5 minutes twice, and a demerit will be recorded.

4. Sign a new contract before the contract expires

Kang Mou's contract of Kebeilong Keya Nanjing Machinery Co., Ltd. will expire in September 2009. But in January, he and two other vice presidents received a notice from the Human Resources Department asking them to sign a new "non fixed term" contract with the company.

Kang was very happy at first. After receiving the contract text, they found that it stipulated that "Party B must promise not to disclose or use the confidential information controlled by Party A during his tenure or at any time in the future". The Jiangsu Provincial Labor Contract Regulations stipulates that the maximum period of non competition is three years, while the Labor Contract Law stipulates that the maximum period of non competition is only two years. However, the contract text requires a "lifetime" restriction. During the non competition period, the company will pay compensation to employees on a monthly basis, and the contract sample has not been mentioned.

The layoff is really terrible, which is not what we want to see, but we also understand that layoff is a survival measure taken by enterprises in the face of the market. As long as it meets the procedures, we can not accept that after all, there will be some economic compensation for layoff, and you can also apply for unemployment insurance when you lose your job. But the cruel facts tell us that layoffs in disguised form are more terrible than layoffs. Because the disguised layoff means that the enterprise wants to lay off its employees and force them to resign voluntarily by various reasons and means, but it is unwilling to bear relevant responsibilities and pay compensation to employees.

Labourers are not silent lambs

It is not only scary but also unacceptable for a civilized society ruled by law to force employees to leave by various means. In response to the above mentioned disguised layoffs that make migrant workers turn pale at the news, Mr. He Chu, a famous labor law expert, said that workers are not silent lambs, and can take up legal weapons to protect themselves:

1. "Long term unpaid leave" violates the Interim Provisions on Wage Payment. If the leave is not for the employee's reason, the enterprise will pay the employee the original salary in the first month of the leave. In the second month, basic living expenses should be paid to employees. In this regard, regulations vary from region to region. Shanghai is the city's minimum wage, while Beijing is 70% of the minimum wage

If the company does not pay the employee labor remuneration according to the regulations, the employee can request to terminate the labor contract and pay economic compensation; They can also report to the local labor inspection brigade.

2. In the case of "unpaid education and training, free occupation of employees' time, such as military training, exercises, morning meetings...", the enterprise shall pay employees overtime pay according to the time. If the enterprise does not give overtime pay, it can first report to the labor supervision brigade, and the supervision department will correct the wrong practices of the enterprise; If you apply for arbitration, although there is economic compensation, you will leave.

3. It is illegal to dismiss all probationary employees regardless of their performance. According to Item 1 of Article 39 of the Labor Contract Law, the termination of the contract during the probation period must have evidence to prove that the employee does not meet the employment conditions. If the enterprise cannot provide evidence, the employee can apply to the local labor department for arbitration. The results are as follows: (1) Restore labor relations; (2) Double the economic compensation for employees.

4. "Transferring employees from the original working environment" also depends on the agreement on the workplace and position in the signed labor contract. If the enterprise wants to change, it needs to negotiate with employees. If the negotiation is not unanimous and the employee is unwilling to go, it is consistent with "the objective situation on which the labor contract is signed has changed significantly, which makes the labor contract impossible to perform, and both parties fail to reach an agreement on the change of the labor contract". In this case, there are two solutions: (1) keep the employee working in the same place; (2) A month's notice shall be given to terminate the labor contract and pay economic compensation.

5. "Cancellation or reduction of employees' income" must be illegal, so find the labor supervision department to report or apply for labor arbitration.

6. "The enterprise shall modify or establish rules and regulations related to the vital interests of employees", for example, wages and benefits, rest and vacation, labor discipline... must be in accordance with the legal procedures stipulated in the Labor Contract Law: all employees or staff representatives shall discuss, propose plans and opinions, and negotiate with the trade union or staff representatives on an equal basis.