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The topic of “layoffs” has been screened recently. For those who are over 35 years old, it seems that when they talk about layoffs, they will “tremble.” When the workplace “middle-aged crisis” strikes, when leaving or being inevitably unavoidable, it seems not easy to get “deserved” compensation.

Recently, the reporter interviewed a number of business owners, senior human resources managers, corporate legal and labor law lawyers, and other professionals, and found that it is not uncommon for employees to be “routine” when they leave their jobs; The boss of the employee’s “routine” pained Chen Pufa that “tuition fees” were expensive. Life is always better than TV series. These “other” stories may also give you some inspiration.

01 “No fixed period” is getting harder

Senior HRD (Human Resources Director) Ying Jun ’s WeChat profile picture is Real Madrid player Benzema, because he is indeed Real Madrid fans, but more importantly, Benzema ’s nickname of “Back Pan Man” made him feel the same as Benzema, “all blame Benzema” has even become a network hotspot) .

“In fact, HR is a back-and-forth role. We can’t decide whether a person stays or stays at a cost, we are just the executors,” Ying Jun told reporters.

For example, layoffs should allow employees to leave actively. The compensation rate for turnover must not be higher than 15%. The total budget is also strictly limited. All non-fixed-term contracts require the chairman’s special approval. Remarks “> (the subtext is not approved) , it is best to have zero-term additions for fixed-term contract employees; the total number of maternity leave employees also has Quota (Limit) …

“These are my KPIs. Sometimes the boss says: let this person go, immediately, without compensation, the way you think. What can you do? You can only try to keep the process warmer and try to lubricate it. The relationship between the two sides. “Ying Jun said.

200In 8 years, the new “Labor Contract Law” came into effect. One of the provisions that has the greatest impact on enterprises is the conditions for signing open-term labor contracts. If the employee has been working continuously in the employer, Ten years; employers and workers have entered into two fixed-term labor contracts in a row.

“Some well-known large companies took the lead in using the method of changing the main body of the company to re-sign with their employees to avoid non-fixed-term contracts. For this modification, the relevant departments did not impose penalties, which is equivalent to opening up a bad head. Began to follow suit. “Li Hua, who has been engaged in corporate legal work for many years, told reporters.

“However, this can’t be blamed on the company’s ruthlessness. The absence of a fixed-term contract is indeed a large burden on the enterprise. Some responsibilities actually need to be shared by the society and the enterprise.” Li Hua said.

Ying Jun said that even if the business department wants to stay very much, when they sign the contract for the third time, they will first leave and then re-enter. Of course, this is compensated and voluntary. “Everyone in the company is the same, and it’s not the same in a company, so even if employees are dissatisfied, they haven’t had much impact,” he said.

Ying Jun’s industry is a high-paying but highly competitive field. The average age of its employees is only 28. Such a company obviously cannot support “idle” or even “superman”. “Each level of staff, expert and director has a corresponding upper age limit. If it exceeds, you will become the object of optimization.” He said.

But how easy is it for employees to “voluntarily leave”? Ying Jun said that the commonly used methods are rigorous assessment, job transfer and job change. For example, the company’s system is designed to be very strict, even if it is almost impossible to reach, but the assessment is relatively loose, and employees will think that it is just what the rules say. But once you want to let you go, just rigorously evaluate it.

“Giving a high salary, using only one person’s best ten years, giving him two people’s salary, and letting him do three people’s work, this is definitely the most cost-effective. Controlling the number of employees can also avoid too much organization , Efficiency is reduced. “Ying Jun said,” This is very cold-blooded, but this is business and business, it is necessary to see the better reality as soon as possible. “

In a survey of “high pay 996” or “low pay nine to five” conducted by a website, more than 70% of people chose “high pay 996”.

02 Resignation may be “in jail”, not “news”

Ada graduated from university and joined a well-known Internet company. He was 13 years old when he was “quit”. A year ago, her business line was sold to another Internet company, and she and the team retained the seniority and rank to enter the new company according to the agreement between the two companies.

“Although the surface is peaceful, but I actually have a hunch that employees may be able to stay, but the original Leader will be washed away, but I didn’t expect the process to be so bloody.” Ada told reporters that she was actually doing a good job Ready to be fired. “But my youth has been given here, and I deserve what I deserve.” Ada said that according to her annual salary and working age, with the lowest N + 1 calculation, the compensation for termination is also hundreds of thousands.

Ada was soon faced with a “classic routine” of layoffs: reassignment. “My Boss first talked to me and wanted to upgrade me but moved to the Southwest District to explore emerging markets. My client resources are all in Beijing. I do n’t talk about customers in the Southwest District. I do n’t even know anyone. Even if I grit my teeth, it would not be possible to complete that ridiculously high KPI, and leave the same one year later. “Ada said.

But Ada is not vegetarian. She first agreed to the arrangement, but private communication has followed her big customer for many years. “Ten years of friendship is not a substitute for the one or two points promised by the new business director,” she said. Several important customers have said that if Ada goes, they will go too. The boss had no choice but to let Ada stay in Beijing.

“What I never expected was that they started to faint: Someone reported that I had an economic problem and leaked the company’s trade secrets. The boss hinted that I would resign and the company would not be held accountable. Otherwise, I would call the police, Check it with the police. “Ada said she consulted a lawyer, but the lawyer’s words made her even more heartbroken, because the lawyer told her: Can you guarantee that every money you pass is fine? You said this was what the boss asked you to do. Do you have a recording? It’s too easy to find a pot to carry you back.

“If you are in the original company, the company will still use it. But the new company does not matter. It is also the original company’s problem to find out. The lawyer told me‘ you have no chips ’.” Ada was helpless. People around her also advised her that there is no need to die. Bare feet don’t have to be afraid to wear shoes, but after all you have shoes on your feet, you might as well get a new job.

Ada said she eventually compromised and offered to leave. Although she did not get resignation compensation, Ada was not completely without chips. The contacts and customers accumulated over the years helped her again.

“At my level, the company was able to pay up to six months before the competition period even without ( During the signing of the competition ban agreement, the company will pay 50% of the original salary to the employees, but they are required to not get the company work stipulated in the contract) , but I got 18 Monthly salary for competition. “She said.

This “paid vacation” is enough for Ada to relax and start again. But she said that she intends to fulfill her long-cherished wish: to have a baby.

“Don’t you dare to have a baby because of work?” the reporter asked.

“No, I’m not married yet. I don’t have time to spend with my boyfriend, only time with clients.” Ada said.

“Cutting down the cost of a middle-level employee may lay off 10 employees, while the cost of cutting off an executive may be equal to 100 employees. The employee ’s money, the boss and HR will try to give, in case of trouble, the gain is worth the loss. Li Hua said, and at the same time he found that many companies are using reports of occupation and economic crimes to lay off executives. “A company VP or a business line general manager can be completely okay? If I want to keep you, my eyes will be closed, and if I want you to go, it will open.” He said.

03 Management is also weak: Fire is difficult, Hire is more difficult

Shao Lin left his business 5 years ago and currently runs a small company with dozens of people. Compared with large companies thinking about optimizing layoffs all day, Shao Lin worry about how to recruit and retain employees. “I don’t have any capital routine employees, so I can only try not to be routine by employees.” Shao Lin told us.

Once, Shao Lin received a resume with a very good resume, hoping to apply for a large sales position in the company. So Shao Lin gave him a high basic salary. But 3 months have passed and this person has no performance at all. “According to the company’s regulations, it should be dismissed immediately. But I too hope to keep this person. I think it may take time for the new business to adjust, so I gave him another 3 months.” Shao Lin said. However, the individual still had no performance at all, and finally he sincerely apologized to Shao Lin and resigned.

“Later, I found out that this person has applied for a lot of companies for sales at the same time, but never worked, and certainly would not have any performance. He holds several companies’ basic salary at the same time, which is enough for him to live. It’s very comfortable. “Shao Lin said.

Tuition fees should be paid. Shao Lin later consulted with a lawyer to see if he could recover the salary paid to this person, but because of difficulties in obtaining evidence, Shao LinThe company’s own assessment system is also imperfect and can only be stopped. Therefore, Shao Lin was distressed and decided that even a small company should try to standardize management as much as possible, and asked professional lawyers to draft a labor contract and company assessment system, and study the “Labor Contract Law” carefully.

Li Hua, who has been engaged in corporate legal work for many years, also recommends that the company’s assessment must be serious and it is best to have written records. Penalties for employees must also be documented. “Otherwise, if you arbitrate when unemployed employees are laid off, the company deserves to be defeated. The same is true for employees. If they have an objection to a low score, they must not sign. If it is unreasonable, they must insist on amendment on the spot and do not require the whole. It doesn’t matter, but once the company’s performance is under pressure, you may be asked to leave at any time. “He said.

(In response to the interviewee’s request, Ying Jun, Li Hua, Ada, and Shao Lin are pseudonyms, and the companies involved have their names omitted.)