In the workplace, we can not deny the disguised layoffs.

category:Global
 In the workplace, we can not deny the disguised layoffs.


Because he thought he had been laid off in disguised form, Wu Xiaohui and his unit fought a lawsuit. At present, he is still waiting for the retrial of the case. Prior to this, due to the limitation of action, Wu Xiaohui was defeated in the first instance and second instance. After 14 years of work, Wu Xiaohui did not sign a labor contract with the company until he finally got the qualification sign, but he was thrown to the labor dispatching company. 6 years later, Wu Xiaohui inquired about social security information and discovered that he had already been dismissed. Wu Xiaohui found that knowing what happened later was not only self imposed. Reduce salary, adjust post, reduce welfare benefits... In the workplace, many people have been laid off by companies in such a way. 6 years later, check social security, occasionally found to be dumped In 1998, Wu Xiaohui was employed by an insurance company in Changchun as a driver and at the same time responsible for logistics management. In 2008, the company appointed him as the director of the office, and promised that if he performed well, he could sign a labor contract with him. In October 2012, the head of the insurance company told Wu Xiaohui that he could sign a labor contract. At that time, the leader took out some documents for me to sign, and out of trust, I basically did not read the content and signed it. Wu Xiaohui said. In October 2014 and October 2016, the insurance company renewed two labor contracts with Wu Xiaohui respectively. However, at the beginning of 2017, when Wu Xiaohui accidentally inquired about the social security information, he found that his social security payment unit was not the insurance company, but the three unheard of company that he had not heard of. After I asked the company, I realized that the labor contract signed by the leader was signed by three other companies. That is to say, I was transferred to another three labor dispatch companies in a disguised form, replacing one every two years. Wu Xiaohui said he had no idea about it, nor did he know the concept of labor dispatch. After failing to communicate with the company, Wu Xiaohui sued the court. The court of first instance believed that the two sides had only labor relations before October 2012, and since then, in the labor dispatch, Wu Xiaohui had already signed it, and the time of prosecution for infringement was over 6 years, exceeding the limitation of one year in the labor law. At the same time, in view of Wu Xiaohuis claim to sign the fraud in the case of fraud, the court dismissed his claim for lack of evidence. Wu Xiaohui appealed, the court of second instance upheld the original judgment. This is a typical reverse dispatching behavior, that is, disguised layoffs. Wu Xiaohuis attorney and Yoshibayashi Jiro, a lawyer for the law firm, told reporters that after the implementation of the labor contract law in 2008, many enterprises, in order to avoid the risks, have adopted a dispatch agreement with the dispatched companies to transfer the employees originally from their own units to the dispatched companies, and then send them to send them to the dispatch company. Come to this unit. In this process, many workers have signed the contract, but they have been working in the original enterprises. There is always a way for you to leave your company on the initiative. Disguised layoff is a kind of image description that a laborer takes various methods to force a person to leave, so as to achieve the termination of the labor contract behavior according to the procedure. Wang Yuqi said that the reverse dispatch that Wu Xiaohui had encountered was only one of the ways of disguised layoffs. According to the law, the employers normal release of the labor contract needs compensation for the workers, so some enterprises will be ingenious to take the post adjustment, salary reduction, unpaid long leave, qualification check, and discipline check. In other ways, forcing employees to quit voluntarily to reduce costs. Reporters interviewed found that a number of enterprises in disguised form of layoffs are really many. I graduated only two years, or moonlight family, can lead not to make money to set up a new company, at least 20 thousand yuan, no new company does not have my job, this is disguised forcing me to resign? Xiao Li, a network company in Changchun, said. Because it is not the direct line of the new leader, I was not only arranged to the undeveloped areas far away from home, but also a sample of the mature market at the time of examination. Finally, I was optimized on the basis of unqualified performance. Mr. Yao, a business member of a pharmaceutical company in Changchun, said. In the major forum of the network, the reporter also saw many netizens exposed the disguised layoffs. A netizens message received a lot of empathy: the company always has a way to let you quit , and how many people can fight for compensation? It is better to change the company directly. Luan Hong Yue, a lawyer of Jilin Dahua Ming Ren law firm, is handling a similar case. In 2009, Zhu Mou, a famous beverage company in Changchun, did marketing work. Last year, he was asked to adjust his job by the company. After refusing, he was unilaterally relieved of labor relations. In June of that year, Luan Hong Yue agent Zhu applied for arbitration to the labor arbitration agency, and the Court opened at the end of the year. At present, the case is still waiting for the results of arbitration. In fact, the defendant company is laying off workers in a disguised way of lowering wages, and Zhus evidence is relatively adequate. Luan Hongyue said. Zhang Xin, who was hired in a specialist hospital in Jilin in late 2013, had similar experiences. In August 2015, the hospital requested Zhang Xin to sign a labor contract within two days, and she was resigned by the hospital because the hospital had not fulfilled the five risks and one payment that was promised by the hospital. Zhang Xin brought the hospital to the court. After the trial, the court decided that the hospital should pay 7000 yuan compensation and pay the difference of 21025 yuan of the double salary of the labor contract without the written labor contract, which was unlawful to cancel the labor contract with Zhang Xin. Play means to reduce the cost of the risk However, Wang Yuqi also pointed out that Wu Xiaohui did not take a serious look at the signing of the contract, but also had some responsibility. I took over a lot of similar cases, and found that the companies that can change the layoffs are generally a certain strength, relatively regular enterprises, small companies even even this means are disdain use, do not want to work, they are dismissive. Luan Hongyue said. Why is it possible that some enterprises are willing to play games in disguised layoffs? Luan red moon analysis, for most ordinary workers, after the zero compensation is changed, if the legal procedures to maintain the rights, the cost may be higher than the compensation that can be obtained. At the same time, this kind of labor dispute cases need to go through the procedure of one trial and two instance. Many people feel that it is better to change jobs directly. There are also some workers who are afraid of finding trouble in the unit, or have a negative impact on their subsequent career. They dare not sue for their rights. A lot of strong enterprises will be specialized in looking for legal professionals, in the premise of not breaking the law, design some disguised layoffs, to avoid employment risks and reduce costs. Wang Yuqi said. For example, for individual workers and staff to modify the majority of the staff can pass the company management rules and regulations, keep the salary and treatment changes in the same city in other areas of the working place, adjust the job content to lock the individual development space. Wang Yuqi said, the staff is not comfortable in the heart of the initiative to resign, and these tricks are difficult to make a mistake. The similar offices, which were previously exposed to the media, have been low-level means . The phenomenon of disguised layoffs will fundamentally affect the harmony of labor relations, and the legislation still needs to be further improved, and it is suggested that enterprises carry out in a reasonable and orderly manner in terms of employment. While enhancing the awareness of safeguarding rights, employees should also pay attention to the improvement of personal comprehensive quality. Wang Yuqi, a public welfare lawyer in Jilin Province, told reporters that in the retrial procedure of Wu Xiaohuis case, she hoped to promote the relevant judicial progress in the province. After losing the lawsuit, the workers intention was difficult to be flat. In the national insurance industry, there are many people who have similar situations with Wu Xiaohui. Source: workers daily editor: Zhu Xiaodong _NBJS6126 For example, for individual workers and staff to modify the majority of the staff can pass the company management rules and regulations, keep the salary and treatment changes in the same city in other areas of the working place, adjust the job content to lock the individual development space. Wang Yuqi said, the staff is not comfortable in the heart of the initiative to resign, and these tricks are difficult to make a mistake. The similar offices, which were previously exposed to the media, have been low-level means . The phenomenon of disguised layoffs will fundamentally affect the harmony of labor relations, and the legislation still needs to be further improved, and it is suggested that enterprises carry out in a reasonable and orderly manner in terms of employment. While enhancing the awareness of safeguarding rights, employees should also pay attention to the improvement of personal comprehensive quality. Wang Yuqi, a public welfare lawyer in Jilin Province, told reporters that in the retrial procedure of Wu Xiaohuis case, she hoped to promote the relevant judicial progress in the province. After losing the lawsuit, the workers intention was difficult to be flat. In the national insurance industry, there are many people who have similar situations with Wu Xiaohui.