Beijing men were fired for three days with a monthly salary of 50 thousand. Is it a company routine or employees touching porcelain? Company response

Red Star Journalist Chen Qingyuan Intern Ma Xiaotong

Editor-in-Chief: Tang Huan Editor-in-Chief: What pioneer?

According to previous media reports, Zhang joined a company in Beijing as a brand director with a monthly salary of 50,000 yuan. After only three days of trial, Zhang was fired. The court ordered the company to pay Zhang a salary of 9,000 yuan, and the company did not need to continue to perform the labor contract. After the news report, some netizens thought that this situation was abnormal, and some netizens thought that this might be a routine of employing companies to "dig without cutting".

Red Star journalists searched the published refereeing materials through the refereeing document network and found that Zhang was involved in many civil litigation cases, including labor contract litigation with two other companies. According to the judgment materials, Zhang conducted trials in two other companies at the same time, and began to record evidence after entering the company.

Mr. Geng, the person in charge of a company, recently told the Red Star journalist that during the trial period, he found that Zhang's resume was fake. During the litigation, he learned that Zhang's case had to be litigated from arbitration to retrial, and there were labor disputes with many companies because of similar situations. Some companies worry that lawsuits will affect their reputation, or they will accept lawsuits in private. Mr. Geng believes that Zhang's behavior is "touching porcelain in the workplace" for many enterprises.

The Red Star journalist called Zhang to verify the situation, and Zhang was not interviewed.

Get fired for three days with a monthly salary of 50 thousand

Company involved: His resume is fraudulent.

According to Mr. Geng's memory, in the spring of 2020, a company in Beijing posted the information of recruiting brand directors on the job search platform. Due to the epidemic situation, Mr. Geng interviewed Zhang online. In the interview, Zhang left a good impression on Mr. Geng. In the absence of response, the company let Zhang join the company. On May 8, 2020, a company signed a three-year labor contract with Zhang. The labor contract stipulates that the probation period is three months, and the fixed salary is 50,000 yuan before tax, and the performance will be added after becoming a full member.

Mr. Geng said that during Zhang's probation, not only did he not handle the relationship with his colleagues well, but the tasks assigned to Zhang did not meet expectations. I have communicated with Zhang twice for rectification, but it still doesn't work after rectification. In a business activity, Mr. Geng also met the former employees of Company B mentioned in Zhang's resume. Zhang's resume shows that he leads a team of 120 people in a B company, but Mr. Geng asked an employee of a B company and said, "There is no such thing at all, we don't have that many people."

Mr. Geng believes that Zhang does not match the position recruited by the company, is not competent for the job, and the probation period is not up to standard. On May 2 1 2020, a company issued a "Termination Statement" to Zhang, proposing to terminate the probation labor contract with Zhang. The salary of resignation is calculated as follows: the salary of four-day probation period is calculated at 50,000 yuan per month, and * * * is 9 195.4 yuan. I hope Zhang can go through the resignation formalities as soon as possible.

↑ After the incident was reported, it triggered discussion, and the related Weibo topic was read 390 million times.

After receiving the Termination Statement, Zhang did not go to the company to handle the handover procedures. He refused to accept, asked a company to continue to perform the labor contract and pay wages, and also applied to the Haidian District Labor and Personnel Dispute Arbitration Committee in Beijing for arbitration. The result of the arbitration award is: Company A and Zhang continue to perform the labor contract signed by both parties; A company paid Zhang a daily salary of about 23,000 yuan from May 18 to May 3 1 day; Reject Zhang's other arbitration requests.

Mr Geng told the Red Star journalist that he was not in Beijing at the time of labor arbitration due to the epidemic situation, and he did not receive the relevant information of arbitration in the early stage. Later, I learned that Zhang had applied for arbitration when the ruling came out. The company refused to accept the arbitration result and filed a lawsuit with the Haidian District People's Court in Beijing. The litigation request is that the company does not need to continue to perform the labor contract signed by both parties and Zhang; The company does not need to pay Zhang's salary of about 23,000 yuan from May 18 to May 3, 2020. Zhang agrees with the arbitration result and hopes that the court will reject the claim of Company A..

Labor dispute with two other companies.

The previous company admitted that it was at fault.

During the appeal, Mr. Geng also found that Zhang had more than one labor dispute with a company.

According to Mr. Geng's description, he learned from the judge that Zhang also had labor disputes with nearly ten companies. Mr. Geng believes that Zhang regards the labor dispute lawsuit with the company as a kind of "business". He used a resume with false information during the interview. Once he entered the company, he collected evidence through recording and other means to master some irregularities in the company's employment. After a short work, he used this as a reason to talk about compensation with the company, or to arbitrate or file a lawsuit. Mr. Geng analyzed that some companies may be tired of litigation procedures and will compensate Zhang for a large sum of money.

Red Star News reporter noticed that China Judgment Document Network had published a labor dispute case between Zhang and two other companies. After the case was arbitrated by Zhang, the company had to pay 1.2 million yuan. In another case, Zhang won the case, and the company had to pay 1 100000 yuan. Judging from the case materials, Zhang's working time in these two companies is not too long, which is more than 2 months and more than 3 months respectively, and nearly 1 month, and he works in these two different companies at the same time.

The ruling of a labor contract dispute case shows that Zhang, 1979 was born with a bachelor's degree. He once applied to the Labor and Personnel Dispute Arbitration Committee of Beijing Economic and Technological Development Zone for labor arbitration of a company C in Beijing. As a result of the arbitration, a company C in Beijing paid it 60,000 yuan for July 10 to September 16 and 60,000 yuan for July 1 September/0/6. Zhang applied to the Daxing District People's Court in Beijing for execution. After the court filed the case for execution, Zhang withdrew the lawsuit.

According to the judgment materials of another labor dispute case involving Zhang, Zhang saw the recruitment information of another company, a Ding company in Beijing, on the recruitment software. August, 2065438 19, after recruitment, I joined a certain company in Beijing as the brand director. He worked in this company until165438+1October 26th, about 3 months.

According to the judgment materials, Zhang submitted evidence such as recordings with employees of a Ding company in Beijing. 2065438+091October 23rd 165438+ In a company in Beijing, the company staff personally attacked him in the group, saying that he was a "fake job". 1October 26th 165438+ I was told to be dismissed when I went to work. The company has a number of irregular employment methods, including not signing a written labor contract with him, not paying insurance, not paying taxes, and defaulting on wages. After becoming a regular employee, he was verbally dismissed without a month's written notice.

The court also found that during the period from August, 2065438 19 to October, 2065438126, a company in Beijing paid wages according to Zhang's attendance, and the two parties did not sign a labor contract. A company in Beijing paid Zhang's salary for three months through individuals, but failed to pay social insurance, provident fund and personal income tax for Zhang.

Zhang once submitted labor arbitration to the Labor and Personnel Dispute Arbitration Committee of Fangshan District, Beijing, and the arbitration result was to reject all the claims. Zhang refused to accept it and filed a lawsuit with the Haidian District People's Court in Beijing, requesting the court to order the company to compensate the double wage difference of 60,000 yuan without signing the labor contract; The wage gap is25,000 yuan; Compensation for illegal termination of the labor contract is 30,000 yuan; Compensation for mental damage is 60,000 yuan, social security, provident fund and individual tax are 60,000 yuan, and * * * 235,000 yuan.

A company in Beijing pointed out that from July 20 10 to September 20 19 16, Zhang did not tell a company in Beijing that he was still working in other companies. Zhang joined a company in Beijing on August 19, which obviously coincided with the above time, that is, Zhang had another job. One of the two companies is in Daxing District and the other is in Fengtai District, which is far from each other.

A company in Beijing admitted that there were some mistakes and did not strictly abide by the relevant provisions of laws and regulations in the recruitment process. But for a so-called "employee" who began to collect evidence from the beginning of his employment and deliberately defrauded the company's interests through legal means, the company is also hard to prevent.

The first-instance judgment made by the Haidian District People's Court in Beijing in June 20021showed that a company in Beijing should pay Zhang a salary difference of 23,858.29 yuan; The labor contract has not been signed, and the wage difference is twice 60,000 yuan; The company needs to pay 1 1 10,000 yuan more for the compensation for illegally dissolving the labor contract, and reject Zhang's other claims. The company refused to accept the appeal, and the court of second instance upheld the judgment of first instance.

↑ Zhang and Beijing Ading Company's labor dispute judgment

The company involved denied "digging instead of cutting"

Call it the other person's "touching porcelain in the workplace"

Regarding the case of Zhang and a company, the court of first instance held that a company terminated the labor contract on the grounds of Zhang's incompetence and unfinished work tasks, but this reason was not clearly reflected in the labor contract, and there was no basis for a company to terminate the labor contract with Zhang.

The court of first instance confirmed in the trial that the two sides could not reach an agreement on the new post. Regarding whether the company should continue to perform the labor contract, the court held that Zhang's working time in a company is extremely short, and the probation period is also a period for employers and employees to inspect and understand each other, so it is difficult for both parties to establish a trust foundation; There is a big contradiction between the two sides and there is no basis for continuing to perform the labor contract.

In September of 20021year, the Haidian District People's Court of Beijing ordered a company to pay Zhang's salary of 9 195.4 yuan from May 2020 to May 2020. The Company does not need to continue to perform the labor contract signed with Zhang on May 8, 2020/KLOC-0. Zhang refused to accept the verdict and appealed. During the second trial and retrial, the claim was rejected and the above judgment was upheld.

Mr. Geng told the Red Star journalist that the court awarded a company compensation of more than 9,000 yuan. He has forwarded the money to Zhang through WeChat, and then he was blacked out by Zhang. But later, Zhang applied to the court for enforcement on the grounds that a company failed to pay 9 195.4 yuan ordered by the court.

After Mr. Geng transferred money to Zhang, WeChat was blacked out.

Mr. Geng didn't know about Zhang's application for enforcement at first. It was when Mr. Geng participated in business activities that a customer saw it on the relevant platform and asked him about it. Subsequently, a company submitted evidence of payment to the court and applied to the court to cancel the enforcement and lift the account freeze. At the end of 2022, Mr. Geng told the Red Star journalist that the court had cancelled the enforcement and the company account had been unfrozen.

In addition, for the case of Zhang and a company, many netizens suspect that a company is "contract fishing" and "digging instead of cutting".

Regarding the netizen's statement, Mr. Geng said that before he met Zhang through the recruitment software, the company had no contact with Zhang in any form, and he didn't know where Zhang had worked before. On the contrary, Zhang used public resources and even sued many times, which should be counted as "touching porcelain in the workplace."

The Red Star journalist called Zhang to find out the whole story, but Zhang didn't give an interview.