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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, joined a QQ group formed by the blogger and his friends to discuss labor law with a curious and learning mentality.
Although Li Li has been in the society for several years, the tortuous experiences of migrant workers in group chats and the help of 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 0:48 midnight, the QQ group was 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 dispute 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."
As a result, Xin, who became the defendant, was asked to compensate for this "loss" and bear the costs of the arbitration case.
The little friend who hadn't slept immediately gave feedback:
Some people suggested that Axin can first find professional arbitration consultation online;
Someone asked if the company could provide evidence that it lost more than 100,000 yuan;
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 friends who can't help but complain. This company is really interesting-letting the employee pay the arbitration fee is just to scare people.
Because only the court’s trial fees need to be borne by the losing party, arbitration fees are generally borne by the government.
It is also chilling, for example, because Ah Xin failed to ask for leave a day in advance due to temporary problems, he 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...
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.
It was not until nearly 1:30 in the morning that the discussion came to an end.
In addition to accepting, many people do not 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 head, let alone that I will be as helpless as Ah Xin when I really want to mediate with the company, even how my work performance, salary, social security, etc. are specifically affected. Arranged, most of Li Li, who has worked for 3 years, is still at a loss.
After graduation, Li Li joined a small private company. He has not skipped the job or left his job until now. He is safe and secure. Even when he asks for leave, he will consciously guess the psychology of his boss before rehearsing himself 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 arrangement is unreasonable, and Li Li and his colleagues are overwhelmed.
As for the fact that she has not increased her salary in two years, she also attributed it more to the fact that she may not have enough abilities, did not have a salary increase without a promotion, 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.
Doubts emerged 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 turned out that it was the labor contract that played a role-a company that knew how to calculate carefully would reduce 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.
But this 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 experiences and similar onlookers in Li Li later.
Knowing that this is a right, I still dare not fight for it
See character after breaking up. This law also applies to the workplace.
Li Li's colleague Jiahao in the department next door 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 employee can terminate the labor contract after reaching a consensus through consultation.
In the actual situation, the termination of the labor contract is divided into two situations: the employee's request for termination and the company's request for termination. Article 46 of the law also points out that in the latter case, the company must pay employees economic compensation.
According to the normal process, the company that first proposed to dismiss 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 seemed that the "right to choose" had returned to Jiahao, but he knew that he had no choice.
At the end of 2020, less than a month in the past, Cheng Yue had just experienced a nightmare.
The company layoffs in batches and wanted to "save money", Cheng Yue was not spared. The original contract would end at the end of the year, but the company gave Cheng Yue the choice of leaving directly at the end of the year or resigning in February of the following year based on the buffer time required for the handover of work.
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 identified by the company as voluntarily resigning instead.
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 resign for the year-end bonus?
Cheng Yue felt dissatisfied, she looked for hr theory, but all kinds of unreasonableness made her mouth complain at most, and she couldn't become the top confrontation;
I thought about labor arbitration, but was dissuaded by "don't understand" and "not too dare" to leave.
It seems to be the same in normal times. Although she is suspicious of the project bonus in the salary, Cheng Yue has always taken as much money as the company paid.
She thought that 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 by indulgence continued until the end of her stay in this company one day.
In the face of information and power imbalance, it really 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.
In particular, the heart rate was measured at 118 times per minute for the first time and 113 for the second time. Before the last measurement opportunity was left, the doctor hurriedly advised her to go home and rest for a few days and then 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 chance.
It's a risk. The indicator is stuck at 100, and Cheng Yue's heartbeat finally squeezes 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.
Time, energy, and uncertain chances of winning are all factors that persuade you to leave.
I just don’t understand why everyone is clearly a colleague, so why are they embarrassing each other so much; compensation is obviously a normal request, why must it become a "crying child has milk"?
Cheng Yue has a colleague who is called "Thorn Head" by everyone. He usually gets more than others because of the uneven distribution of bonuses and hr troubles.
In fact, the statement that "can take more than others" is not accurate, he just defended his due rights.
"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.
Counting from the decision to labor arbitration 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.
Unexcused job transfers, salary cuts, etc., may all be crisis signals for beating workers.
Xiaoxiao originally worked in a teaching and training institution in Beijing. 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 unreasonable income restriction 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 certificates of abnormal changes in class hours, pay slips, and company chat records as evidence, and finally conveyed her claims to the arbitration tribunal.
In early January, the freshman Xiaojiang claimed that he was dismissed by Shentong Express for refusing "996". Xiaojiang submitted an application to the Qingpu District Arbitration Commission. The Arbitration Commission ruled that Shentong Express constituted an illegal termination of the labor contract and ordered to pay compensation according to law. Shentong Express appealed this .
Someone's friend who laughed at Xiaoxiao met a company and arbitrated one, and he was about to be promoted as a "senior arbitration consultant".
But the real reason is that it is not that the friend arbitrates too many times, but that the workplace imposes too much unreasonable 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 the case” and “ Complaint" or "Sue to the court".
In a natural workplace environment where there are differences in interests between companies and employees, and a large amount of interest-related information is not transparent, it is indeed easy for us to see the threshold of rights protection unattainable.
In addition, there are complicated veils between employees and the company, such as "I still want to make money and don't want to be fired", "Forbearance seems to be okay", "I'm a big deal, I can catch more fish", etc., and the momentum of beating the workers is even greater. Imaginary.
Netizen: The company may acquiesce in the absence of labor law.
But it must be clear that "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 of part-time work. 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 do not ignore the importance of the contract.
After all, you work for a company, just like the company hires you, not for charity.
Labor law is a compulsory course for both parties, and it is a self-study course for workers.