November 23, 2019, nicknamed "the game you my heart," the user know almost published a long article, accusing the company Netease layoffs violate People's Republic of China Labor Law (Original link: HTTPS: //zhuanlan.zhihu. COM / P / 93,349,725 )
November 25, NetEase post comments that do exist simple and crude, inhuman, and many other acts related to apologize to former colleagues and family violence against layoffs. NetEase said in a statement, the former colleague in charge due to performance reasons to submit to terminate the labor contract, the article shows the "performance rating", the actual workload for the ranking, not fully reflect the quality of work. By the review, their performance does fail. In this case, the supervisor did not fully understand its prevalence due diligence. About the solution, NetEase said the former colleague declined the company in September offered special care plan "N + 1" outside: on the basis of "N + 1" compensation, we will after its departure 12 within months, we continue to provide unconditional extra monthly basic salary equivalent to their care payments.
After the article was published, immediately caused an uproar, talking about public users.
Access to information can be seen, in accordance with the relevant provisions of "enterprise workers illness or non-work related injury medical period specified," the worker illness or non-work related injury required downtime for treatment, the employer should be given appropriate medical workers on.
Term health of the workers is calculated based on the cumulative length of service and work experience in this unit. Specifically: (1) the actual working life of 10 years or less, in the working life of the unit below 5 years 3 months; over 5 years 6 months. (2) the actual working life of 10 years or more, in this unit the working life of 5 years or less June; over 5 to 10 years to 9 months; 10 years 15 years to 12 months; 15 years more than 20 years of 18 months; more than 20 years to 24 months.
Staff a graduate of Shanghai Jiaotong University graduation went to work Netease, until the time of separation work experience is more than 5 years. Therefore, he can enjoy the medical treatment period of 6 months. NetEase employees seriously ill because the practice has apparently violated the relevant provisions of the labor law, as well as a violation of the principle of fairness. From this level, the NetEase simply did not fulfill the obligations, but give a sick employee inhuman treatment.
According to the Labor Contract Law, any of the following circumstances may cancel the labor contract
1. Employers and workers consensus, may terminate the labor contract.
2. The worker 30 days written notice to the employer can unilaterally terminate the labor contract. (This is the famous right to terminate without cause, is based on the principle of the protection of market activity and protection of labor rights established by the State)
3. The employer illegal, the employee may terminate immediately without advance notice. Illegal content, including labor remuneration is not paid in full and perfect insurance policy against workers produce personal injury, and so on.
4. The employer may terminate an employment contract without compensation but the case. "Labor Contract Law" Article 39 employer unilaterally terminate the labor contract (negligent dismissal) workers of the following circumstances, the employer may terminate an employment contract :( a) proved during the trial does not meet the conditions for employment ; (b) a serious violation of the rules and regulations of the employer ( this sum is the largest reading space ) ; (iii) gross negligence, malpractice, cause significant harm to the employer; (d) the employee simultaneously with other employers labor relations, resulting in the completion of his tasks seriously affected, or the employer has pointed refuses to correct; (e) due to the circumstances specified in first paragraph of Article 26 of this Law invalidate labor contract (this refers to the contract is entered into by fraudulent means of coercion); (f) be investigated for criminal responsibility according to law.
The no-fault termination of employment, an employee is injured on, after completion of medical still can not meet the work, the employer 30 days notice to employees or may pay an additional month's salary, and dismissal.
In addition to Article IV, under other conditions, the company and the employee must terminate the labor compensation. Netease's behavior is clearly illegal, in violation of the relevant laws and regulations of the People's Republic of China, and NetEase's apology insincere, in the present information society, as a large Internet company, even on the rights of workers so lack of respect, this is unacceptable. As a computer science and technology professional, a student, I was very disappointed with NetEase's actions. The working class is master of the country, resolutely safeguard the rights and interests of workers is a major issue new era we have to face.