This article is from WeChat official account:There is room University (ID: youjian-university), Written by: Guazi, Editor: Qiuku, Original title: “I am 25 years old, working for 3 years, and I don’t even ask for leave “Dare””, the head picture and the stills in the text are from: “The New Life of Nagi”
I have worked for more than a year, and the company has not paid social security. Is it possible to return the social security money?
This is a new system issued by our company. I would like to ask you whether the terms of the documents are legal?
The three-year contract expires but the supervisor notices that the salary will be reduced. Should I sign it? If I refuse the visa, can I get compensation? Please help me…
Some time ago, because of following a video of a dismissal experience posted by a former Internet employee on station b, Li Li, a worker, with curiosity and learning, joined a blogger and his friends to discuss labor law. QQ group.
Although Li Li has been in the society for several years, the tortuous encounters of migrant workers in group chats and the help from Vientiane can always refresh her three views of the workplace in the news reminder time after time.
“I have worked for a few years, but I still can’t read the pay slip”
At midnight at 0:48, the QQ group is still flashing.
“I went to apply for labor arbitration, but the company complained that I had to pay more than 100,000 yuan. I received an ‘arbitration counterclaim application’. Can anyone who knows the law help?”
A Xin, a netizen from an e-commerce company in Guangdong, posted 6 messages in the group, telling about his recent disputes with the company, and asking the group friends for help.
In the letter sent by the company, Xin was pointed out that when he was transferred to the anchor operation post, he was slack and failed to complete the target number of contract anchors delivered by the company. During this period, “The company paid high platform maintenance costs, recruitment fees, promotion fees, etc., and Ah Xin’s actions caused huge losses to the company.”
So, A Xin, who became the defendant, was demanded to compensate for this “loss” and bear the costs of the arbitration.
The little friend who has not yet slept gave feedback immediately:
Someone suggested that Xin can first find professional arbitration consultation online;
Someone asked if the company could provide evidence of the loss of more than 100,000;
Someone comforted Ah Xin that if the company did not let her sign the agreement that she would lose money if the target was not met, there would be no reason for her to lose money;
There are also group of friends who can’t help but complain. This company is really interesting-letting one of the employees bear the arbitration fee is just to scare people.
Because only the court’s trial costs need to be borne by the losing party, arbitration costs are generally borne by the government.
Also chilling, there are also such things as Ah Xin who failed to ask for leave a day in advance due to temporary problems, and was told that there was a problem with his work attitude; the company asked for a job transfer, but the two parties agreed to the job transfer…< /p>
But what makes Ah Xin puzzled is that when he faced all kinds of unreasonable things, he didn’t seem to want to refuse. In other words, apart from accepting, she didn’t know what else she could do.
This discussion didn’t come to an end until nearly 1:30 in the morning.
In addition to accepting, many people don’t know how they can face injustice in the workplace.
Li Li, who was watching the whole process in the group, suddenly broke into a cold sweat.
Although I have no experience of being dismissed, if these things fall on my own head, let alone that I will be as helpless as Ah Xin when I really want to mediate with the company, even my daily work performance, salary, Li Li, who has worked for three years, is still at a loss as to how the social security and other specific arrangements are arranged.
After graduation, Li Li joined a small private company. He has not skipped the job or left his job so far. He is safe and secure. Even when he asks for leave, he will consciously speculate on the psychology of his boss, and then rehearse for several times.
When she went through the entry formalities, the salary written in the labor contract was much lower than what she actually got. She was once shared with friends as workplace gossip.
I often feel that the performance arrangements are unreasonable, and Li Li and his colleagues are overwhelmed.
As for the fact that she has not increased her salary in two years, she is more likely to attribute it to her lack of ability, no salary increase if she is not promoted, or she has not made a lot of achievements for the company to recognize.
You can be an honest person in the workplace, but you don’t have to sacrifice your rights.
The doubts arose little by little in the comparison. There are friends who can win thousands of provident funds in a month, but Li Li’s monthly account only has a few hundred more, and the number has never changed.
This made her realize that it was the labor contract that worked-a company that knew how to calculate carefully would minimize the payment base as much as possible instead of paying according to the actual salary of the employee. As long as the base is not lower than the local minimum wage standard, the company’s operations are not illegal.
Li Li and Kpi’s biggest rebellion was probably when she didn’t sign her name in a newly revised performance appraisal that she thought was unreasonable.
ButAn absent name did not bring much water to the reform. After the new system was implemented as usual for a few months, hr asked Li Li again to persuade her to sign, but Li Li did not shirk.
The ending of the “signature story” also became the ending of many similar encounters and similar onlookers to Li Li later.
knowing that this is a due right, still dare not fight for it
Break up to see character. This law also applies to the workplace.
Li Li’s colleague in the department next door Jiahao experienced this sentence firsthand not long ago. Obviously he was “broken up” at the beginning, but he later became a person who left and went out of the house.
According to Article 36 of the Labor Contract Law, the employer and the worker reach an agreement through negotiation, and the labor contract can be terminated.
In actual situations, the termination of a labor contract is divided into two situations: the employee proposes to dissolve and the company proposes to dissolve. Article 46 of the law also states that In the latter case, the company must pay employees financial compensation .
According to the normal process, the company that first proposed the dismissal should pay Jiahao a compensation, but the manpower talked to Jiahao and reminded that the “dismissed record” may affect his subsequent job search, so he should weigh it carefully.
It seems that the “right to choose” has returned to Jiahao, but he knows that he has no choice.
At the end of 2020, less than a month in the past, Cheng Yue had just experienced a nightmare.
The company laid off employees in batches and wanted to “save money,” but Cheng Yue was not spared. The original contract will end at the end of the year, but the company needs to transfer workBecause of the buffer time, Cheng Yue gave Cheng Yue the choice of leaving directly at the end of the year or resigning in February of the next year.
Thinking that since she was going to be laid off, Cheng Yue, who had left more time to find a job, chose the former. Unexpectedly, she was instead identified by the company as voluntarily resigning.
When she left, not only did she not receive compensation for layoffs, but she also lost the 2020 year-end bonus.
Do you think you have to postpone your resignation for the year-end bonus?
Cheng Yue feels dissatisfied, she looks for hr theory, but all kinds of unreasonableness are at most complaining, and she can’t become a wise confrontation;
I thought about labor arbitration, but I was “don’t understand” and “do not dare” to dissuade him.
It seems to be the same in normal times. Although she is suspicious of the project bonuses in the salary, Cheng Yue has always taken as much money as the company sends.
She thought, the money sent was at least enough to make ends meet. In addition, she was afraid of being fired, she didn’t dare to fight for it, and she didn’t know how to ask for help. The patience brought about by indulgence continued until she was here. The last day of the company.
In the face of information and power imbalance, it takes courage to “speak out”.
At that time, she was just in time for Cheng Yue to undergo a physical examination for joining the new company. She was found to have liver and blood indicators of varying degrees.
Especially the heart rate. The first measurement was 118 beats per minute, and the second was 113. Before the last measurement opportunity was left, the doctor hurriedly advised her to go home and take a few days to check again.
Cheng Yue paused for 4 days before going to the hospital. Before the measurement, the doctor specifically told her to take a 20-minute delay, and wait until the heartbeats caused by walking and climbing to calm down before using this precious third opportunity.
Good risk, the indicator is stuck at 100, Cheng Yue’s heartbeat finally squeezed into the maximum value of the normal range.
Seeing the various warnings on the medical report, her biggest thought is to quickly end these entanglements.
The cost of time, energy, and uncertain odds are all factors that persuade you to leave.
I just don’t understand why everyone is clearly a colleague, so why do you embarrass each other so much; compensation is obviously a normal request, why must it become a “crying child gets milk”?
Cheng Yue has a colleague who is called “Thorn Head” by everyone. Usually, because of the uneven distribution of bonuses and troubles, he will eventually lay off employees. He can also get more than others.
Actually, the statement that “can take more than others” is not accurate. He just defended his right.
“rights protection” is not a terrible thing
To a large extent, having the awareness and actions to defend one’s own rights in the workplace is much more difficult than giving up.
Two days ago, Xiaoxiao finally got the result of the arbitration with the former company. If everything goes well, the company will pay her 50,000 yuan as resignation compensation.
If the labor arbitration was decided in September last year, the struggle lasted for half a year. But the time when the workplace “discomfort” started to emerge can be traced back to earlier.
Unreasonable job transfers, salary cuts, etc., may all be crisis signals that strike workers.
Xiao Xiao originally worked in a Beijing education and training institution. In April and May 2020, the company began to drastically cut her class hours based on the impact of the epidemic.
Xiaoxiao’s income is mainly composed of basic salary + class hours, and class hours account for most of them. The company’s approach is equivalent to blocking most of her financial path. Obviously, this is another trick for companies to persuade employees to quit.
The state of income being restricted for no reason lasted for nearly half a year, especially in the high-consumption Beijing, Xiaoxiao’s life became increasingly unsustainable. A friend who had had two labor arbitration experiences and was successful encouraged her, and there is no need to pay for others’ mistakes.
Under the guidance of a friend, Xiaoxiao collected evidence of abnormal changes in class hours, pay slips, and company chat records as evidence, finally conveyed her request to the arbitration tribunal.
In early January, Xiaojiang, a freshman, said that he was dismissed by Shentong Express for refusing “996”. Xiao Jiang submitted an application to the Qingpu District Arbitration Commission, and the Arbitration Commission ruled on the composition of Shentong Express The illegal termination of the labor contract was judged to pay compensation in accordance with the law, and Shentong Express filed an appeal.
The friend who laughed at Xiaoxiao, met a company and arbitrated one, and he was about to be promoted to the “senior arbitration consultant”.
But the real reason is that it’s not that my friend has too many arbitrations, but that the workplace imposes too many unreasonable employees on employees, but there are too few people who realize and know how to speak up.
A survey of job seekers conducted by a talent website showed that nearly 80% of job seekers encountered scams during the job search process, but half of the job seekers considered that the cost of defending their rights was high and gave up their rights, and only 20% chose to “Report “, “Complain” or “Sue to the court.”
There is a sharing of interests between the company and employeesUnder the natural workplace environment such as divergence and opacity of large amounts of interest-related information, it is indeed easy for us to see the threshold of rights protection unattainable.
Additionally, between employees and the company, there are various complicated veils such as “I still want to make money and don’t want to be fired”, “Forbearance seems to be okay”, “It’s a big deal to catch more fish by yourself”, etc. The momentum is even more imaginary.
Netizens: The company may assume that the labor law does not exist.
But to be clear, “rights defense” is not a derogatory term, let alone a weapon that can only be taken out when it is torn apart.
It should exist in every day-to-day part-time job. Starting from choosing a company and discussing salary with human resources, to a carefully thought-out labor contract, five social insurance and one housing fund, to encountering discomfort or eventually breaking up with the company, this idea cannot be absent.
“Labor Contract Law”: If you are a new employee, please don’t ignore the importance of the contract.
After all, you work for a company, just like a company hires you, not for charity.
Labor law is a compulsory course for both parties, and it is a self-study course for workers.
This article is from WeChat official account:There is a university (ID: youjian-university) span>, Written by: Guazi