What should I do when I meet a porcelain touching enterprise in the workplace?

What should I do if I meet a company that touches porcelain in the workplace?

In recent years, with the improvement and implementation of the labor law, employers are more standardized in employment, and the establishment of a joint labor dispute resolution mechanism has also effectively solved a large number of labor disputes in the arbitration stage.

Recently, a judgment document issued by Jinjiang court made "professional workers touch porcelain" on the stage. This judgment document shows that a worker worked in Fujian 1 1 company for nearly a year, and then initiated a lawsuit against this 1 1 company through arbitration and litigation, demanding to pay overtime wages.

The reporter learned from Nanchang Labor and Personnel Dispute Arbitration Institute that last year, labor contract disputes in Nanchang accounted for more than 80% of labor dispute cases, and some enterprises felt difficult to go to court because of poor management of labor contracts. Of course, many enterprises are improving the enterprise management system and plugging these "loopholes".

Event:

Workers continuously report to 1 1 company.

Bring a lawsuit

From 20 16 to 20 17, Nie Mou, a native of Guizhou, worked as a truck driver in a logistics company in Quanzhou, a logistics company in Jinjiang and a freight service company in Jinjiang. However, his tenure in each company ranges from 3 days to 33 days, and most of them are around 10 days.

After the termination of labor relations, Nie submitted an arbitration application 1 1 times to Jinjiang Labor Arbitration Committee, demanding that the above-mentioned 1 1 company pay overtime wages for unpaid overtime wages on working days and rest days. After arbitration by Jinjiang Labor Arbitration Commission, Nie refused to accept eight arbitration awards and filed a lawsuit in Jinjiang court.

After examination, the Jinjiang court held that Nie, as a driver, should know that the driver's working hours are not fixed. He should have negotiated with the employer in advance when applying for the job, and only accepted the job after reaching an agreement. On the contrary, Nie made full use of this feature, creating disputes and disrupting the driver's labor market. In the past year, Nie applied for arbitration 1 1 times for the same or similar reasons, and filed eight lawsuits, which seriously consumed administrative resources, squeezed judicial resources and disturbed the normal litigation order. His behavior belongs to abuse of litigation rights and malicious litigation, so Nie's claim was rejected according to law. The court of second instance also agreed with the judgment of the court of first instance.

Department:

Nanchang has not yet seen "touching porcelain in the workplace"

"I've heard that this is also the case in other places, but at least at the current level in Nanchang, we haven't found such a situation." The staff of the filing court of Nanchang Labor and Personnel Dispute Arbitration Court told the reporter that according to the law, you should apply for labor arbitration first for labor disputes. If you are dissatisfied with the labor arbitration, you can bring a lawsuit to the court. Labor arbitration is a necessary procedure to bring a lawsuit to the court. Judging from the current situation of labor arbitration cases in Nanchang, they mainly focus on work-related injuries, social security, etc., and some people ask for double wages without signing contracts. "But they are all normal labor dispute cases."

"We have noticed that many enterprises that have labor disputes are' small' enterprises or enterprises with relatively weak legal awareness." The staff told reporters that since last year, the Labor and Personnel Dispute Arbitration Institute has carried out legal popularization activities and organized personnel to go deep into enterprises, hoping to establish harmonious labor relations.

The reporter learned that due to the particularity of labor relations, workers are in a natural weak position, but it is undeniable that some workers lack integrity in performance, which has caused different degrees of losses to employers, and even some workers have been involved in a large number of labor disputes in a short period of time, becoming a veritable "workplace encounter porcelain", which also makes employers dare not avoid it.

Enterprise:

I feel very helpless when I encounter the problem of workplace integrity.

Not only small enterprises, but also large enterprises often encounter the problem of workplace integrity. The reporter found that many employers face many difficulties in disputes about the integrity of workers, such as "touching porcelain in the workplace".

"We have met before. Some employees announce pregnancy just after the probation period and resign as soon as the maternity leave is over; There is also sick leave. Now that we are recruiting from abroad, the background investigation of workers is much stricter. " Ms. HR Long, a company in Nanchang, said that the practice of employees made the company leaders dissatisfied but helpless.

Ms. Long said that when enterprises recruit abroad, they simply can't tell the workers' job-seeking motives. "It's all normal job hunting. We can only judge whether workers are' touched by porcelain in the workplace' by feeling, but this is unfair to normal workers."

Ms. HR Tan, a construction company in Nanchang, said that due to industry reasons, such as construction, engineering and other industries, employees are highly mobile and encounter more related situations. Ms. Tan told reporters that the construction industry implements the project system, and some types of work only need to be done for a period of time. "This kind of' temporary workers' who don't sign contracts is very common in the industry. In this case, once a lawsuit is filed, the enterprise will lose because of "illegal termination of labor relations". "Ms. Tan told reporters that sick employees also have some dishonest behaviors, which has also become the" hardest hit "for workers' lack of integrity.

Statement:

The "worry-free" of enterprises may fall into the trap.

"They are not workers in the true sense, because the purpose of their work is not to create value for enterprises and society. They change jobs after working for a while and sue if they find loopholes. " Lawyer Lu Dongmei of Beijing Yingke (Nanchang) Law Firm told the reporter that judging from the judgments of arbitration committees and courts all over the country, "people who encounter porcelain in the workplace" generally choose employers with imperfect rules and regulations and loopholes in management to apply for jobs, and then always look for loopholes in the management of employers in terms of salary, attendance and labor contract system after joining the company, and then embark on the road of "profit-making" in arbitration and litigation.

According to lawyer Lu Dongmei's analysis, arbitration and litigation caused by "touching porcelain in the workplace" have a serious negative impact. The motive of the initiator is not to purify the labor market, but to take the opportunity to extort money from enterprises and make profits for themselves. What's more, it seriously violates the principle of good faith, ignores judicial authority and wastes judicial resources.

The Labor Contract Law sets several "dismissal thresholds". For example, there must be rules and regulations, which must be stipulated through democratic procedures, and ensure that workers are told that the contents of the rules themselves need to be legal and reasonable; Non-negligent dismissal must be notified to the workers in writing, and the reasons for dismissal shall be notified to the trade union. "Many factories have not even held a workers' congress, let alone formulated compliance rules and regulations. Lawyer Lu Dongmei said that because "the law does not expressly stipulate that dismissal is not allowed", enterprises are "easy to recruit people but difficult to dismiss".

Relevant departments reminded that employers should formulate rules and regulations according to law, standardize employment management, avoid opportunities, report "touching porcelain" to relevant departments in time, and handle labor disputes according to law.