Interview with property management personnel

You can focus on some problems that are often used in daily operations.

1, the content of the labor contract (to be more clear).

2. The probation period clearly stipulates the remuneration.

3. Calculation of compensation (more than half a year is one month, less than half a year is half a month, the highest limit, under what circumstances there is no compensation).

4. Non-competition and confidentiality period.

5. Calculation of overtime pay.

6. Sick pay.

7. How to rest during annual leave?

I wrote some information articles and copied them for your reference. It is all related to enterprises and job seekers. I think this is what companies want to hear.

Self-protection of workers.

First, enterprises often use "black tricks" to reveal secrets.

1. Exchange wages with equivalent invoices. It is common to use catering invoices. The purpose of doing this is to not pay enough money or even pay it. Second, they can pay their wages as "expenses" on the accounting books, so as to avoid taxes.

2. Ask the workers to resign themselves. There are two common methods: first, workers negotiate and threaten the "black file"; The second is to set up desks at the entrance and exit of employees, and not arrange work to invite workers to "practice sitting" there.

3, sneak through Chencang. Enterprises play the policy edge ball, and there are countless games that can be sneaky.

1), select "Resign" on the withdrawal slip, so that workers cannot apply for unemployment benefits after they lose their jobs.

2) Establish a strict system. For example, being late for three times is a "serious" violation, and there is no need to pay dismissal compensation.

3) Register two companies and sign a labor contract and a part-time contract. The first purpose of this is to save overtime pay; The second is to avoid standard working hours.

4) Sign a labor contract with a certain task as the term to avoid compensation.

5) Use vague terms such as "arranging posts suitable for the skills learned" in the post column of the labor contract, so as to facilitate post adjustment in the future and force the workers to resign on their own.

6) Sign the terms of service period, falsely report the training expenses, and demand liquidated damages when employees resign.

7) In order to save costs, some enterprises pay "urban insurance" to some or even all workers through labor dispatch.

4. Pre-job training. Enterprises often invite workers to participate in government subsidy training in the name of pre-job training. After the training, he refused to arrange work on the grounds of poor performance; Or arrange a job with a low monthly salary and let the workers "leave" themselves.

5, delay the identification of work-related injuries. If the work-related injury is not identified in time, the enterprise can turn its face in the future.

6. Play tricks during the probation period. Some enterprises will tamper with the labor contract or job responsibilities and requirements, and will not be hired on the grounds that the probation period does not meet the requirements. I have a friend who applies for a personnel manager. During the probation period, she worked hard to establish an enterprise system. As a result, she resigned as soon as the operation of the enterprise was standardized. It costs 200,000 yuan to ask a professional company to establish an enterprise system, and this friend's probation salary is only 3,000 yuan per month.

Second, how can workers enhance their awareness of self-protection.

1, all these departments can go.

Labor arbitration and labor supervision in all districts and counties are government departments that accept complaints about informal employment. Social security centers, employment agencies, medical insurance centers, foreign labor service offices and labor bureaus in all districts and counties also receive relevant consultations. The telephone number of Shanghai Labor and Social Security Department is 12333. Relevant policies can be found on the "Labor Security Network".

2. All these evidences can be found.

When applying for labor arbitration, if there is no labor contract or stock withdrawal form, the following can also be used as valid evidence:

Bank card, work permit, salary slip, attendance record, work clothes, copies of company invoices with their own signatures, certificates of more than two employees in the enterprise, recordings of conversations with business owners, etc.

The key is to have evidence of specific wages, otherwise the calculation base of economic compensation is not easy to determine.

There will be no pie in the sky.

Employment agencies usually address job seekers by their first names. Those "Are there any unemployed people in your family" calls are either pyramid schemes or insurance, so beware of being fooled.

4, anti-fraud four tricks.

1), talk to the security guard downstairs. General security is the property company, not the enterprise, just saying. They still know a lot about the enterprises in the building.

2) Look at the situation in the enterprise. If the interview place is small and the office equipment is poor, it seems to be temporary. I advise you to pay attention. Generally, such enterprises leave when they see it.

3). If you keep introducing how good your company is and how well your job pays during the interview. Then you can get up and leave at once. Either there is something wrong with the personnel brain of this enterprise, but in most cases you have met a liar company.

4) Don't pay under any circumstances. You can tell him that I have no money to find a job, and you can deduct it from my future salary. If you don't trust me, I can find a guarantor.

5. Read the labor contract and employee handbook clearly. Don't throw away the labor contract and employee handbook after you get it. Pick it up and study it carefully to avoid being fooled. For some reasons, the terms in the enterprise labor contract conflict with relevant laws and regulations, and the workers should not think that the contract is completely invalid, but in fact, the terms are only partially invalid. If it is a position involving their own patents and technology, smart workers can not do specific work on the grounds of "adapting to the environment" during the probation period, but such positions in smart enterprises generally do not have a probation period.

Games under the new rules

The Labor Contract Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Contract Law) has been implemented. Just as lawyers need to study law, doctors need to study pathology, employers and employees want to safeguard their rights and interests, and they also need to study the labor contract law and understand the "rules" of the "game". There have been many articles about the change of "rules", so I won't go into details. However, what will happen to the "game" after the "rules" are changed? What will the "player" do? What should I do? Perhaps more interestingly:

There is no such thing as a free game.

The Labor Contract Law further regulates the employment behavior of enterprises, and at the same time increases the employment cost of enterprises. With the enhancement of people's awareness of rights protection, enterprises need perfect company system, quality evaluation system and performance management to avoid the losses caused by not obeying the "rules of the game"-these obviously need professional human resources managers to complete. Because most of our industries are still in the stage of free competition, most of them are small and micro enterprises. For them, the salary of professionals is almost unbearable. The management cost can be reduced by outsourcing personnel and dispatching labor, but the increased cost is not necessarily lower than the reduced management cost. Moreover, Article 58 of the Labor Contract Law stipulates the term of labor dispatch contract, which greatly increases the use risk of labor dispatch workers, and this risk will eventually be passed on to enterprises. It can be predicted that if the labor contract law is really implemented seriously, a large number of enterprises will close down because of the high cost.

Since the labor cost of enterprises has increased, does it mean that workers will benefit? Not exactly. First of all, the increase in labor costs has improved the "entry threshold" of the industry and reduced employment opportunities. Workers have to find/keep jobs by increasing training (learning) costs or spending more on application costs. Secondly, because the rates or bases of "urban insurance", "comprehensive insurance" and "informal organizations" are lower than the social insurance payment standards of "urban insurance", labor-intensive enterprises have the opportunity to consider using cheaper labor. In this way, if the urban labor force can't increase employment opportunities through training, it will have to accept lower payment standards or even sacrifice legitimate rights and interests to earn income.

There are no free games in the world. The price of not following the rules is to get out, and the price of following the rules is to pay the cost-whether it is enterprises or workers. Unfortunately, most people only consider their own interests in labor disputes, and rarely think from the other side's point of view, and labor conflicts are getting worse. I hope that through the above analysis, both employers and employees can be more understanding and more frank. After all, it is not easy for workers and enterprises.

Where there are rules, there are loopholes.

We know that the labor contract law has indeed increased the punishment for violating the "rules". However, just like any rule has loopholes, no law is omnipotent:

The Labor Contract Law stipulates that an enterprise shall pay "compensation" when it proposes to terminate the labor contract, but if the laborer voluntarily proposes to terminate the labor contract according to Article 37 of the Labor Contract Law, the enterprise may not pay compensation. In addition, it is little known that workers who resign cannot receive unemployment insurance benefits, and medical expenses during unemployment must also be paid at their own expense. However, even so, cases of involuntary voluntary resignation still abound. Because of holding workers' files, the company always tries to use "smearing files" as a threat to force workers to resign voluntarily. Of course, some companies are more "civilized"-for example, setting up transparent offices in the aisles so that employees can "practice sitting" without doing anything. The average employee will be on pins and needles and will resign soon.

You have a good plan. I have a wall ladder. There are many ways for enterprises to legally reduce labor costs: some enterprises stipulate the standard time for each task to be completed, allowing employees to choose between free overtime, "unqualified performance appraisal" and salary reduction; Some enterprises operate in urban areas and register in suburbs, with the purpose of paying employees "urban insurance" with lower rates. Or use the labor service company to add "town insurance" to employees; Some enterprises register two companies, hire part-time employees, and evade some or even all social insurance payment obligations. Some enterprises seem to have high salaries, but the economic compensation except the confidentiality clause is actually far below the industry average ... These are too numerous to mention.

If the above is an ambush, then the following can be called a "word game": some enterprises dismiss employees according to the second paragraph of Article 39, but what is "serious"? Being late for three times is a serious violation of company policy? The word "substitutability" makes Article 66 useless. Some people joke that the president changes every few years, so what jobs are irreplaceable? In addition, enterprises have a vague concept when signing labor contracts. For example, vague words such as "corresponding" and "appropriate" are used in terms of labor posts, places and remuneration. On one occasion, an employee of a foreign company intended to change jobs after training, but after being accidentally exposed, he was transferred from a technical development position to a technical file management position. He can't afford to pay a high penalty. Because the employee's contract clearly says "arrange a position suitable for the skills he has learned", the labor department can't help it.

We say that workers are vulnerable groups, not aimless. Even if some enterprises violate the Labor Contract Law, workers are often helpless: if you don't have a payroll or an attendance card, even your monthly salary is exchanged for a catering invoice. Excuse me, do you have any evidence to prove that you have worked in this enterprise? There are also some rhetoric verbal promises, such as annual salary and dividends. How can I prove it if I can't cash it? Of course, enterprises that survive by hooliganism and deception generally don't live long.

Enterprises can use "rules" and workers can find gaps. Some employees use the fourth paragraph of article 42 to get pregnant before getting married, forcing enterprises to extend their contracts until the end of lactation; Some employees take advantage of the loopholes in the unit system, claiming that they have not received the labor contract or returned the work order, and ask the unit to give economic compensation. Some employees violated the confidentiality agreement. As long as you don't sign a contract with the company behind you, it is difficult for enterprises to prove it, and they often have to admit that they are unlucky. ...

Learn the rules, from opposition to win-win.

Although no law is "perfect", all unfair phenomena using "rules of the game" can only be prevented by learning and enhancing our awareness of safeguarding rights. However, it is wrong to think that enterprises and workers are opposites. In fact, both sides can achieve "win-win".

First, studying the labor contract law is not only to enhance their awareness of rights protection, but more importantly, to cultivate their awareness of integrity.

If you don't believe it, you can't stand!

For enterprises, honesty can improve the loyalty of employees, increase the stability of enterprises, reduce the economic compensation cost caused by workers' resignation, and reduce the training fee and efficiency loss caused by hiring new employees. Workers are often more willing to apply for "big companies" or "good companies" with lower wages. One of the reasons is that such companies have high integrity, which makes employees feel safe and then they can feel a sense of belonging. Some enterprises think of "layoffs" as soon as they are not doing well. In fact, in addition to cost, there are many factors that affect profits, such as morale and efficiency. "Layoff" can easily cause a series of side effects, which often run counter to the purpose of "making profits". This is also the main reason why those internationally renowned big companies never lay off employees easily. After the implementation of the Labor Contract Law, it is absolutely necessary for enterprises to redraft or revise the Employee Handbook in view of the changes in the new law, in addition to amending the labor contract: to establish a relatively perfect company system, so that the work is orderly and the rewards and punishments are well-founded; Clear job responsibilities and requirements in writing, and strengthen performance appraisal management; Implement the sign-in system, so that the behavior can be documented-this can not only make the enterprise regulate moderately, but also safeguard its own rights and interests, and then establish the integrity brand of the enterprise.

For workers, honesty is one of the non-professional elements that enterprises value. Even in the highly mobile positions such as waiters and tally clerks, enterprises still need certain stability, because the employees promoted internally in grass-roots units are often much more loyal and adaptable than those recruited externally. Therefore, workers who have worked in each company for less than two years on average will find it increasingly difficult to find a job. When many enterprises recruit college students, they prefer Shanghainese with poor conditions to foreigners with better conditions. The important reason is the dishonesty of foreign college students-it usually takes three years for an enterprise to train a talent, and too many foreign college students regard the enterprise as a "springboard" to obtain a household registration and resign after working for one year. How can enterprises not be chilling? ! The employee of the foreign company mentioned above spent $200,000 on training abroad. Not only was he ungrateful, but he immediately wanted to change his job after returning to China. In the end, the workers were unlucky, but the enterprise didn't benefit (training a file management clerk for 200 thousand dollars), which can be described as "lose-lose"

The reason why the Labor Contract Law clarifies the compensation standards of enterprises and increases the punishment for illegal acts, but does not protect the compensation rights of workers who voluntarily resign, is to standardize the behavior of both employers and employees in the form of law and establish the correct employment concept of enterprises and workers. So as to achieve a "win-win" between enterprises and workers.

Second, actively seek effective communication methods.

Two years ago, I told the new employees of a company about the common sense of labor policy, and found that none of the people present knew the payment ratio of the three funds of the enterprise. Effective communication pays attention to the win-win principle. Without empathy, where can we talk about a win-win situation? And I don't even know what my own labor cost is, how can I talk about empathy? Most of the workers are not professional human resources managers and have a little knowledge of labor law. I often don't know that the "capped amount" of compensation has a compensation period, I don't know that I can't get unemployment benefits when I resign, I don't know that I have to get a receipt to pay the "deposit" to protect my rights and interests, and I don't know why the company doesn't give me a payroll ... Similarly, the labor cost of the company has further increased. Some enterprises need to re-sign labor contracts, some enterprises need to re-formulate their articles of association and assessment standards, and some enterprises need to adjust their salary structure ... In fact, labor bureaus, employment agencies, social security centers, labor inspection brigades, and 12333 hotline can provide corresponding consulting services for both employers and employees. As the saying goes, "Know yourself and know yourself, and you will win every battle." To communicate effectively, we must first find a suitable channel to understand each other's problems and difficulties.

Similarly, within the enterprise, effective communication is also needed. Most enterprises have performance appraisal. However, many enterprises just publish the results without communication. In fact, through assessment, enterprises should tell workers more about their current situation, achievements and shortcomings, as well as their needs and expectations. The form of communication should be face-to-face with supervisors and subordinates, not a paper "judgment". As a laborer, we should also understand that personal goals can only gain more development opportunities on the basis of enterprise goals. Therefore, we should actively communicate with our boss and ask about our own shortcomings and the direction we should strive to improve. Only by working hard can you get a higher salary, and you can't make a fortune by compensation.

The implementation of the Labor Contract Law is to make employers and employees who are "playing games" cooperate happily, not "cheating". If we regard it as a game, it is undoubtedly a "win-win" to actively seek effective communication methods.