The trap of employee anger: IBM has "second-class citizens"

The trap of employee anger: IBM has "second-class citizens"

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From June 5438+00 to June 55438+05, 2003, the four months when I started working in Shenzhen Branch of IBM Company was undoubtedly a nightmare for Wen Li, a software engineer who just graduated for more than two years. Due to the overdraft of health, minor ailments were not treated for a long time. The last major operation led to Wen Li's deafness, and he also posted his savings for more than two years. This nightmare made Wen Li psychologically afraid of technical work. Wen Li, who was exhausted physically and mentally, has filed a lawsuit with Shenzhen Nanshan Court after many unsuccessful negotiations with IBM Shenzhen Branch.

Although the main content of Wenli's indictment is very simple, the rights claimed include the compensation of International Business Machines Co., Ltd. (IBM) Shenzhen Branch for its surgical hospitalization medical expenses 18333.47 yuan, the travel allowance to Hong Kong in 20031.000 yuan, the salary deducted during hospitalization and the mental compensation of 0.98 yuan, but Wenli's experience has exposed a ".

Employees are divided into two categories, and nightmares begin to appear.

June, 5438+October, 2003 10, Wen Li went back to Shenzhen to reissue her ID card, and accidentally joined IBM Shenzhen Branch under the introduction of a company called Yi Xun who claimed to be a headhunter. At that time, IBM signed a service contract with Singapore Development Bank (DBS) with a term of 10 and a target of 5 billion yuan, and established the "DBS Project Team". "When I joined the project, there were only four employees, including the project manager, and there were insufficient staff, so the task was heavy and the pressure was great." Wen Li said, "I was told that IBM employees can be divided into' regular workers' (similar to employees in public institutions) and' contract workers' (similar to contract workers in public institutions), and only senior software engineers can become' regular workers' directly." Wen Li said that according to the "internal rules of IBM", he can only be a "contract worker". Only by observing his performance after working for a period of time can he "become a full member". "I heard that foreign companies only look at work performance anyway, so they won't care too much." Wen Li said, "But IBM Shenzhen Branch said that all contracts will not be signed directly, but the headhunting company that introduced them will sign the employment agreement on their behalf. The terms of the agreement are extremely harsh. Without social insurance, holidays and bonuses, you can extend your working hours at will. I can even find a reason to let you leave. Out of self-protection, I resolutely refused. I work in IBM. How can I sign any agreement with another company? " Wen Li said that because there was no contract, the phenomenon of "differential treatment" within IBM began to manifest: he could not get a work magnetic card pass to enter the four-door and two-door offices of IBM (issuing cards had to be authorized by several department heads, and the power of the huge bureaucracy within the IBM empire was fully revealed), and he could only register as a "visitor" every day. After being tested by the gatekeeper's "stern" eyes for more than ten days and knocking on several doors, Wen Li resigned and left IBM.

Wen Li said that in order to stabilize him, IBM ignored IBM's strict internal laws and invited him back immediately. On the same day, he reissued his work permit on the grounds of "violation", explaining that this was an "internal management problem" of IBM, and publicly assured the internal "contract" of the company that IBM would never discriminate against employees at work. The treatment of "contract workers" and "regular workers" is the same, but there is no talk about labor contracts. As for Wen Li, he was introduced by Yi Xun, a headhunting company, and his salary will be paid by Yi Xun temporarily, while all other personnel businesses (such as work, overtime, business trip, personal leave and sick leave) have nothing to do with Yi Xun.

Although Wen Li is not satisfied with this explanation and arrangement, he doesn't have much objection. "After all, IBM is one of the top 500 companies in the world. Such an internationally renowned excellent foreign company should have a high credit rating. " Wen Li said, "At that time, I thought that as long as I worked for IBM, I formed a de facto labor relationship with IBM. Anyway, IBM leaders also guarantee that such a big company will not run away! Therefore, due to the lack of knowledge of labor law, we simple software engineers thought that our protest at that time cleverly skipped a trap, but who knows that this turned out to be a serial pit. "

The joint protest was countered by "Tai Chi Chuan"

Because the project has just started and there are few people, Wen Li forgot his initial unhappiness in his busy work. He was originally interested in work, and many concepts he came into contact with here were brand new-this is the so-called advanced management method of foreign companies-so Wen Li opened his mind without warning and devoted himself to his work, but he didn't know that his health was quickly overdrawn silently under these "holy curtains of brand new concepts".

With the development of the project, some new engineers have joined the company, and a dozen of them are easy to find company introductions. Among them, a few experienced engineers have directly become' regular workers', while others are' contract workers', and many people have signed so-called' employment agreements'.

As the saying goes, "two heads are better than one", these "contracts" that signed the agreement soon found this trap. After all, labor contracts, four insurances, year-end bonuses and vacations are not small problems, so these "heads" United and began to "bargain" with the management of IBM Shenzhen Branch. Wen Li said that at this time, IBM just pushed the hand gently and launched the consulting company to block the arrow, thus "out of the shell". While smiling and "mediating in the middle", they made various promises to ensure the big banks to slow down, but at the same time they began to divide the work of the project team. But the "contract" people are United, and it is useless to say that the problem is not solved. Who doesn't know that "wool is on sheep" should not be paid by IBM in the end.

Wen Li said that the reasonable demands of the employees were delayed again and again, and the contradictions began to intensify, which led to the depression of the employees of the project team and the great blow to their work enthusiasm, which alarmed the customers, so some senior managers were transferred to calm down the storm, but IBM Shenzhen Branch was still unwilling to sign the contract, but proposed a "compromise" solution. That is to say, after June 5438+1 October12004, these contracts were resold to company k, and the four risks and year-end bonus were paid by company k-so many contracts were a great burden, and several employees who took the lead in making trouble just created some pressure and left.

Being on a business trip to Hong Kong due to illness, intense work led to a "nightmare come true". In June 2003, Wen Li was sent by IBM to the customer DBS Bank Hong Kong Branch for a business trip, accompanied by several "contract workers" and "regular customers". They leave Shenzhen every Monday morning, go to work before 10, and go back to Shenzhen after work every Friday. Due to the overdraft of health and acclimatization, otitis media cured by Wen Li when he was young began to attack. Before the business trip, the doctor said it was nothing serious, just take a rest and take some medicine, but Wen Li's trip to Hong Kong was not a comfortable "trip"-although he held a tourist visa.

Wen Li said with a little ridicule that Hong Kong is said to be the craziest and most dedicated training base in the world, which can improve working ability and test perseverance. Therefore, he threw himself into the boat without hesitation, hoping that his performance would be fully affirmed by customers, thus making his condition worse. When Wen Li returned to Shenzhen for treatment, the doctor was surprised by the development of his illness and thought that he must have an operation immediately, otherwise his life would be in danger. However, IBM's "contract" did not have social security, so Wen Li had to go back to his hometown for treatment to facilitate the care of his family.

After the operation, Wen Li's ear became a permanent "decoration", and when his surgical wound had just healed and the inflammation had not disappeared, IBM urged him to go to work, so Wen Li could only persuade his family and doctors to leave the hospital early and return to Shenzhen University.

On June 65438+1 October 65438+February, 2004, Wen Li returned to IBM Shenzhen Branch, and was informed that he had been "transferred" to "K Company" on June 65438+1October1day, and the salary was paid by "K Company", but the medical expenses could not be paid. IBM Shenzhen Branch explained that before 65438+1 October 1 2004, Wen Li was an employee who was easy to inquire, so the medical expenses should be solved by easy inquiry. After 65438+1October1,Wen Li was an employee of "K Company", IBM and KOC. Such a "wonderful" explanation made Wen Li very angry. "I thought at that time, is this what IBM called' generous welfare treatment, comfortable working environment and humanized management'?" Wen Li said with a little excitement.

"escape from the black hole" and jump out of the chain

Wen Li said that in the face of his own misfortune, IBM Shenzhen Branch still made a plan to slow down the troops, saying that the problem can be put on hold for the time being, and the progress of work is the key. After the Spring Festival, I began to work again. At this time, IBM Shenzhen Branch "hinted" Wen Li and asked him to propose a new salary standard, which was issued by "K Company". "I believed it at that time, so I spread the medical expenses to the new salary amount and gave K Company an account. Unexpectedly, this became the factual evidence that IBM Shenzhen Branch said that K Company paid me a salary. " Wen Li said, but when the first month's salary was paid according to the new standard, not only was it not paid according to the new standard, but the salary during hospitalization was also deducted. He really couldn't stand it anymore and resolutely submitted his resignation.

An insider of a recruitment website said that with the national labor and personnel reform and the vigorous development of foreign-funded enterprises in China, employee relationship management and labor dispute settlement have attracted more and more attention from the society. At present, in order to establish harmonious employee relations, some large foreign companies have begun to set up employee relations managers or employee relations commissioners, who are responsible for the management of employee relations.

After all, the effective use of employee relationship management can not only reduce the cost of the enterprise, enhance the brand of the company, but also enhance the attraction to new people and help the enterprise win and retain talents. In addition, it can also improve the efficiency of enterprise management and business operation, so that the enterprise can maintain a sustainable competitive advantage.

According to insiders, the labor dispute of Li Wenhe IBM Shenzhen Branch undoubtedly reflects some irregularities in personnel recruitment of some foreign companies. Some foreign companies often use headhunting companies to reduce human risks, evade the social responsibility that an enterprise should bear, and even lower the overall wage cost in disguise through a few illegal headhunters. If this phenomenon is not rectified, it may lead to more and bigger disputes, which is not good for enterprises and workers.

As of press time, it is known that the case of Wenli v. IBM Shenzhen Branch has been heard, and Shenzhen Nanshan Court has now understood the course and truth of the incident and expressed deep sympathy for the plaintiff, although IBM asked headhunter Yi Xun and "K Company" to provide some so-called perjury that Wenli worked in Yi Xun and "K Company" in an attempt to distort the fact that Wenli worked in IBM from 2003. 10 to 2004.2, so that Yi Xun was arrested. The verdict is still waiting, and Wen Li also demanded additional mental compensation, and asked IBM to apologize to those "contracts" and the public for its irresponsible promises and unrealistic propaganda and give a reasonable explanation.

This website will continue to contact both parties for interviews and follow-up reports.

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