How to deal with workplace communication?

Layoffs in disguise are actually hard to predict. When the trick comes out, not only the laid-off party suffers, but also the laid-off party suffers-once employees take up legal weapons, they suffer.

Xiao Wang, who works at Foxconn, is always busy working overtime to make money, and seldom has free time to listen to his favorite Jay Chou songs. Recently, the company moved the whole MH department to Huai 'an, Jiangsu. Employees can follow them or wait to be assigned to other departments. Xiao Wang chose to follow the past.

Sitting on the bus to Huainan, he enjoyed the scenery along the way and turned on the MP3 player. Suddenly, he made a new discovery. Jay Chou's songs are not only hard to understand, but also difficult to understand. For example, "I send you away, thousands of miles away, you are silent in black and white", does it mean that if you send it too far, you can't see clearly, and the person who leaves becomes a silent giant panda? Ha ha.

At this time, Xiao Wang, who entertained himself badly, didn't know that when he arrived in Huainan, he understood another connotation of this lyric-he came to Huainan from Shenzhen all the way, and his basic salary was only 750 yuan, doing nothing. Set it as the home page and get a basic salary every month; If you stay here, you have to wait for the company to arrange other departments, and some of them are even assigned to the canteen and security office. The salary has plummeted with the post. "We can't say anything." Xiao Wang said that he was afraid that he would be promoted to the company's new "leave without pay plan". In this case, even the poor salary could not be obtained.

"Remote" punch card, "remote" training

Also in an embarrassing situation is Mr. Wang, the account manager of Shenzhen Securities Tairan Sales Department. Although it was not sent thousands of miles away, running back and forth in Shenzhen made Mr. Wang as uncomfortable as Xiao Wang.

It is reported that the stock market is in a downturn, not only investors are injured, but even the Guo Xin Securities Business Department, which relies on the market for survival, is in trouble. Because the salaries of employees in the sales department are linked to their performance, the income of the sales department from top to bottom is greatly affected. Mr. Wang's securities company asked the company director to interview several employees (including Mr. Wang) on the grounds of failing to achieve performance, pressured them to resign voluntarily, and if they failed to achieve their goals, informed them to return to the company in Chegongmiao for punching training. However, employees usually work in every bank in Shenzhen, and 90% of them are outside the customs. However, the company does not have any substantive training. During this period, it will be paid 1000 every month, and those who fail to pass the training for one month will be retrained. The supervisor will check the records of employees punching in the bank every day, and also report the work of the day on the company CEP system. If the employee doesn't go back to punch in, the company will dismiss the employee for disobeying the company's arrangement. Mr. Wang felt that he couldn't afford to lose people, couldn't stand the rush around inside and outside the customs, and was forced to leave.

Some people say that this is not a disguised layoff? Through various ways (unpaid leave, post adjustment, increasing commission but no basic salary, reducing commission but improving performance appraisal standards, etc.). ), if employees can't hold their breath and resign voluntarily, the company doesn't have to pay economic compensation.

What is more terrible than layoffs is layoffs in disguise.

Although we can't confirm the authenticity of online rumors, the real version of "disguised layoffs" has indeed been implemented in many enterprises-

Since Christmas 2008, I believe that foreign companies or some IT employees have enjoyed or are still "enjoying" unpaid holidays and vacations; Some companies have been recruiting new people and joining the collection, because employees during the probation period will be fired one after another regardless of their performance ... In addition to the 10 disguised layoffs summarized by the middle-level manager who claimed to leave his job above, online search will find that there are still some new "tricks" emerging one after another:

1. Cancel some established welfare and flexible working system, such as free lunch, so that employees can quit when they are in trouble.

After an IT company canceled the free lunch benefit last year, it began to discuss whether to continue to implement the flexible working system at the beginning of this year, saying that the economy was sluggish. Employees want to keep their jobs, so there is no need to provide these extra benefits at this time. But some people who need to take care of their families have to take the initiative to "commit suicide".

2. Improve the performance appraisal standards, which employees can't pass.

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

3. Frequent fines and demerits.

A company hired a special supervisor to supervise employees, check their positions at any time, and fined 200 yuan for employees who sat down, chatted or left the computer. Once, an employee was fined 500 yuan for being late for five minutes twice, and once recorded a demerit.

4. Sign a new contract before the contract expires.

The contract between Kangmou and Kebeilong Keya Nanjing Machinery Co., Ltd. will expire in September 2009, which can be 65438+ 10. He and two other vice presidents received a notice from the human resources department asking them to re-sign an "open-ended" contract with the company.

Kang was very happy at first, but after they got the contract text, they found that it stipulated that "Party B shall not disclose or use the confidential information controlled by Party A during his tenure or at any time thereafter". The Regulation on Labor Contract in Jiangsu Province stipulates that the longest period of non-competition is three years, while the longest period stipulated in the Labor Contract Law is only two years. However, the contract text requires a "life-long" restriction, and the company should compensate employees monthly during the non-competition period. The sample of the contract is not mentioned at all.

Layoffs are really terrible, which is not what we want to see, but we also understand that layoffs are the survival measures taken by enterprises in the face of the market. As long as they conform to the procedures, we are not unacceptable-after all, there will be some economic compensation for layoffs, and you can also apply for unemployment insurance benefits if you are unemployed. But the ruthless facts tell us that layoffs in disguise are more terrible than layoffs. Because disguised layoffs mean that enterprises want to dismiss employees and use various reasons and means to force employees to leave voluntarily, but refuse to bear relevant responsibilities and pay employees compensation.

Laborers are not silent lambs.

Forcing employees to leave their jobs through various tricks is not only frightening, but also unacceptable in a civilized society ruled by law. In response to the above-mentioned disguised layoffs that make migrant workers pale, Mr. He Chu, an expert in labor law, said that workers are not silent lambs and can take up legal weapons to protect themselves:

1. "Leave without pay for a long time" violates the Interim Provisions on Wage Payment. If the employee is not on vacation, the enterprise shall pay the original salary to the employee in the first month of vacation. The basic living expenses will be paid to employees in the second month, which will be different in different regions. Shanghai is the minimum wage in the city, and Beijing is 70% of the minimum wage.

If the company fails to pay the employee's labor remuneration according to the regulations, the employee may request to terminate the labor contract and pay economic compensation; You can also report to the local labor inspection brigade.

2. In "free education and training", that is, taking up employees' time for free, such as military training, exercises, morning meetings, etc. "Enterprises should pay employees overtime wages on time. Enterprises that do not pay overtime pay can report to the labor inspection brigade first, and the supervision department will correct the wrong practices of enterprises; If you apply for arbitration, you have to leave despite the financial compensation.

It is illegal to "dismiss all probation employees regardless of their performance". According to Item 1 of Article 39 of the Labor Contract Law, if the contract is terminated during the probation period, there must be evidence to prove that the employee does not meet the employment conditions. If the enterprise can't provide evidence, employees can apply to the local labor department for arbitration, which has two results: (1) restoring labor relations; (2) Double the economic compensation for employees.

4. Setting "Employees transferred from the original working environment" as the home page also depends on the agreement on the working place and post in the signed labor contract. Enterprises need to negotiate with employees if they want to change. If the negotiation fails and the employee is unwilling to go, it is in line with "the objective conditions on which the labor contract was signed have changed greatly, which makes the labor contract unable to be performed, and both parties fail to reach an agreement on changing the labor contract". There are two solutions to this situation: (1) Let employees stay at their places to work; (2) Notice the termination of the labor contract one month in advance and pay economic compensation.

It is definitely illegal to "cancel or reduce employees' income". Report to the labor inspection department or apply for labor arbitration.

6. "If an enterprise wants to modify or formulate rules and regulations concerning the vital interests of employees, such as wages and benefits, rest and vacation, labor discipline, etc., it must follow the legal procedures stipulated in the Labor Contract Law: all employees or employee congresses discuss, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.

For example, you used to have a flexible working system (now you have to punch in every day), a shuttle bus (now cancelled), and a free lunch (now paid) ... Even if these benefits do not belong to the social welfare stipulated by the state, if an enterprise wants to cancel them, it must negotiate with all employees or workers' congresses and cannot cancel them at will.

7. "No annual leave" is easy to solve, as long as the enterprise is required to pay three times the salary.

8. According to the Interim Provisions on Wage Payment, if the company wants to "increase the commission but not increase the basic salary, and reduce the commission but increase the performance appraisal standard", it must formulate an internal wage payment system through employee congress, employee congress or other forms of consultation, inform all employees of the unit and send a copy to the local labor administrative department for the record.

9. In the case of "signing a new contract before the expiration of the contract", as far as the content of the new contract is concerned, if the laborer is not at fault, the content of the new contract is more generous than the old contract. For example, in Kobelronkeya's new contract, although the treatment has not been reduced, it is stipulated that "Party B shall not disclose or use the confidential information controlled by Party A during his tenure or at any time thereafter. If Party B leaks, Party A reserves the right to claim compensation from Party B through legal means. " . This article is obviously unreasonable and even illegal. The Labor Contract Law clearly stipulates that the duty of confidentiality cannot exceed two years, and the content of confidentiality also has a clear scope. At the same time, the Labor Contract Law also clearly stipulates that the conditions of the new contract are more favorable than those of the old contract, including treatment and post.

However, not all enterprises are at fault, such as "canceling overtime", which is a good thing. Many people have regarded overtime as the norm. You used to work 12 hours or more every day, but now you can work and rest normally, although you earn less money. Joining the collection life can't be just a job. This requires employees to make their own psychological adjustments. In addition, there is nothing wrong with "enterprises screen academic qualifications, qualifications and experience and strengthen discipline supervision", and employees "need to be hard while the iron is hot". If the employee's education, qualifications and experience are fraudulent, the fault lies with the employee, and the enterprise has no fault; Even if you are not caught in the economic crisis, it is very necessary to be cautious in words and deeds and abide by the rules.

"Disguised layoffs" is an image description of the "tossing" behavior of migrant workers who take various ways to force employees to leave their jobs, so as to achieve non-procedural layoffs. In June+10, 5438, President Hu Jintao said "Don't toss about" in his speech at the 30th anniversary of the reform and opening up, just to warn everyone that a "struggle" that wastes resources will do harm to both parties involved. In real economic life and enterprise management, in order to maintain social stability, enterprises hope to respond to the call of the state and try not to lay off employees, but if they really can't support it, let the layoffs go through formal procedures and stop. "

A company rumored on the Internet "10 disguised layoffs".

1. Unpaid long vacation and unpaid vacation.

2. Free education and training, free occupation of staff time, such as military training, exercises, morning meetings, etc.

3. Regardless of the performance, all probationary employees will be dismissed.

4. Relocate employees from the familiar environment and force them to resign.

5. Control overtime to reduce monthly income.

6. Cancel or reduce the income of the current month.

7. Re-check academic qualifications, experience and qualifications, and take the opportunity to dismiss employees.

8. Disciplinary assessment is prone to greater punishment and punishment.

9. Reduce the benefits prescribed by law.

10. Other means, such as taking leave without approval.