The collective job-hopping case of the core employees of Miguo Company

On August 30, 2006, a computer newspaper and some websites published a "wanted notice" for six former employees of Miguo Network Technology (Shanghai) Co., Ltd., with the general content that these six employees had a non-competition agreement with the company, hoping that enterprises in the same industry would not hire these six employees to avoid joint liability. Following the "real wanted order", Miguo Company raised the banner of labor claim for the main employees of the game development team who left in 2006. The five defendants in this case, Tong Lai and Zhao, are core developers of online games of Miguo Company. Before leaving their jobs, they were developing and perfecting two online games. In July and August of 2006, Lai, the leader of the game development team, was suddenly dismissed by the company, causing controversy, and Tong and others resigned one after another. Miguo Company sued in Luwan District Court at the end of 2006, claiming that five people, including Tong Mou, refused to work in the company without the company's permission and refused to hand over the work to the staff designated by the company. The upgrade tour project signed between the company and a Malaysian company was forced to be interrupted, and the development expenses invested by the company in the early stage were also wasted. Therefore, we claim 2 million yuan from the defendants for the economic loss caused by their early resignation, and ask five people to perform the handover procedures. By the end of 2007, there were 43 litigation cases between American companies and employees who left their jobs, including 3 cases in which employees sued the company/kloc-0 and 30 cases in which employees sued the company. In the case of 13 employees suing the company, 7 cases were closed, all of which were won by employees. Of the 30 cases in which the company sued employees, 1 has been withdrawn, and 1 has been decided, which is favorable to employees.

Analysis:

Job-hopping and resignation are common behaviors in any industry, and it is not uncommon for the main creative personnel in the industry to leave or even leave with the team collectively. Although it is of great significance, there are not many people who issue an "industry prohibition order" to the employees who leave the company, and hold them accountable by legal means. According to the cases in this section, it is worthy of recognition that enterprises actively seek legal means to safeguard their legitimate rights and interests, but any act of safeguarding rights must comply with the provisions of the law and have legal and effective evidence. At the same time, we should also pay attention to the scale of management. Fundamentally speaking, an effective and reasonable employment mechanism is the fundamental way to retain talents. Generally speaking, emerging industries are prone to collective job-hopping, such as IT industry, which is the most typical. As a sunrise industry, IT industry is still in the expansion stage, and needs a large number of talents, and these talents must rely on teams to play their role, such as IT technology development. Therefore, collective job-hopping occurs mostly in such a new and rapidly developing industry, but less in traditional industries. From the position, there are three kinds of people who are easy to jump ship collectively: first, marketers. The creation of sales performance depends on an excellent team leader and an excellent team. When the team leader wants to create more brilliance when he changes jobs, he needs the support of long-term tacit cooperation of the team. The new company also understands that one person is not enough to improve short-term benefits, and it depends on a team. The second is the top managers of well-known enterprises. Some small and medium-sized growth enterprises are developing rapidly, but their management is lagging behind, and they are particularly eager for excellent management talents. The top management of well-known enterprises has become their goal, and the teams corresponding to these levels can also carry out their will more effectively, so there have been many cases of collective job-hopping. The third is technical research and development personnel. They have mastered the competitive core technology, and often become the key to the success or failure of enterprises and the object of competition.

Practical guide:

The development and management of modern human resources emphasize the performance of employees. It regards the development of human resources as an important source of organizational benefits, and also regards meeting the needs of employees and ensuring their personal development as an important goal of the organization. In order to retain job-hopping personnel in practice, the following non-legal arrangements should be made:

1. Implement management according to rules and regulations. Enterprises should recognize the contribution of employees and recognize their due status and dignity. In good and harmonious labor relations, enterprises should develop together with employees. To improve the modern enterprise system, we must rely on laws and regulations for scientific management. Enterprises should have talent planning and planning, long-term planning of staff work, institutionalized and standardized management, and operate enterprises and manage staff according to rules and regulations.

2. Adjust the distribution of benefits fairly and reasonably. The welfare and value of employees should be reflected through salary incentives and returns. The salary incentive system of enterprises should be fair and reasonable, and the benefits should be shared. Enterprises should not simply regard employees as tools to achieve their own corporate goals, but should regard them as a member of their closed team and an indispensable working partner in the whole enterprise. Recognize the value of your work, otherwise the contradiction between labor and capital will intensify, and the result can only be mutual loss.

3. Bold authorization management within the organization. Employees have the need for self-realization, and enterprises should let subordinates and employees do things under the framework of rules and regulations and responsibility system, instead of always telling what to do. At the same time, enterprises should always pay attention to the work of employees and grasp the balance in authorization. We should not only let employees do it independently, but also care for employees in time and give them appropriate support when they encounter difficulties.

4. Pay close attention to the precursor of employee job-hopping. Job-hopping is generally not a sudden behavior, and it often takes some time to think and weigh before making a final decision. Enterprises should pay attention to the precursors of some employees' job-hopping intentions and take corresponding measures, which may be able to keep employees before they make a final decision. Generally speaking, there are several precursors to job-hopping: (1) The employee answers personal calls from time to time for a period of time; (2) Sick leave is the most likely excuse; (3) 180 degree mood change; (4) keep silent at the meeting; (5) others. The above examples often happen around us. If an enterprise can have an insight into the precursor of job-hopping, it can take timely measures or retain or arrange replacement personnel to ensure the normal operation of the company.

5. Job-hopping retention varies from person to person. For some types of employees who are easy to retain, enterprises should decide their next steps according to their different personalities: (1) employees who like to pursue a sense of job accomplishment and have strong independence are eager for success, promotion and material wealth, and such resignees are not easy to retain; (2) employees who like a stable working environment are not easy to retain because of family reasons, and it is easy to retain when they are wronged at work; (3) Action and thought are very independent and can be outspoken. Such workers are easy to retain after adjusting their posts; (4) Individualism is strong, and it is not easy to retain adventurous employees; (5) Emotional and emotional employees are easy to retain; (6) Employees who are very work-conscious, loyal at ordinary times, have a strong sense of team identity, can think of the enterprise, abide by the rules, and are helpful are hard to retain once they make a decision to resign.

6. Take precautions and reserve talents in advance. In the enterprise human resources circle, employee turnover is inevitable. For ordinary employees, in view of the oversupply of talents in the talent market, enterprises can calmly face the resignation of personnel without worrying about finding substitutes. For elite employees, managers should find backup talents as soon as possible, or they can lose their panic. This requires enterprises to be forward-looking in their usual recruitment, including strategic planning, talent reserve and retention, so as to plan ahead and prevent problems before they happen.

7. Seriously and properly handle the follow-up work. When receiving the resignation letter from subordinates, enterprise managers should be considerate first, and then communicate with subordinates heart to heart to understand the real reason for their resignation. At the same time, enterprises should pay attention to appease the emotions of other employees and prevent other employees from generating negative emotions such as distrust, dissatisfaction, fear and anxiety. It is best for enterprises to handle personnel as openly, transparently and frankly as possible, and encourage the employees who stay to be more patient and eliminate their psychological shadow as soon as possible.