Yesterday, I received the Li case 10 question from several friends. The source claimed to be a certain HR, and even the rumor was Huaweis former HR. After reading it, I think its just a primary school students false words, basically without logic, or even common sense. It can never come from HR. Since you come to ask me, I will answer one by one!
Why was Li dismissed?
The original answer:
He is not dismissed because his contract is not due, he is not renewed because of his poor performance. Working in Huawei for 12 years or 15 grades explains everything, because the fresh undergraduate students of Huawei are usually 13 grades, which can be upgraded to 15 grades in 3-5 years. The better the performance, the faster the promotion. He has worked in Huawei for 12 years and only 15 grades. Similarly, he has not graduated from primary school for 12 years, and his daily performance can be imagined.
1. Lis department is a small business module, and the company will not be highly equipped in the organization at all. This configuration includes personnel size, position level, position name, etc. If Lis rank is not high, he can only compare with other colleagues in the business module.
2. In the interview with Li Zuo, he also said that his salary has multiplied over the years and he holds shares in Huawei, which can prove whether his performance is very poor!
3. Performance is the most easily manipulated part, especially for the employees who are about to leave, please refer to the other article dont leave naked: those disgusting things in the process of layoff issued by this number
4. If the performance is poor, why hasnt the wolf like enterprise in Huawei been killed earlier? This is the time to do it? And after the tip off?
In summary, this point of view is to take a rhythm first and tell everyone that this person cant, so he deserves to be dismissed.
Key point: Although I am refuting his point of view, I also didnt say that Li Hongyuans performance line! Because I dont know! But that doesnt prevent me from pointing out the flaws in other peoples descriptions
2. Why doesnt the company give him 2n subsidy directly through the public account? Or N + 1 (n is the number of years of continuous contract service)?
The original answer:
He originally hid the truth. The company has directly given n + 1 to the public account according to the standard; according to the labor law, N + 1 is not renewed, but 2n is not allowed. Before, he only told the public to give money through a private account, deliberately not to tell the company has given n + 1, so that everyone thought that the company set up a bureau to engage him.
1. Labor compensation is the result of negotiation. N + can be negotiated. The national law stipulates the bottom line, not the absolute implementation standard. For example, this years Oracle compensation is n + 6! Im sure youve heard about the tens of millions of closing fees that the financial industry has paid for leaving.
2. As for 2n, there is also a legal basis. According to Article 87 of the labor contract law, if the employer cancels or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer in accordance with twice the economic compensation standard specified in Article 47 of this law.
3. As for the so-called let everyone think that the company has a bureau, its not worth refuting here. Its pure and groundless conjecture.
3. Why transfer 300000 yuan from the Secretary account?
The original answer:
Because this is Lis way of forcing his supervisor to compensate him to 2n, equivalent to n-1 salary, not from the company. So if Li thinks the company should give him 2n, he can apply for labor arbitration completely, but he doesnt, he forces the department head to give it, which is strange.
The first way to deal with labor disputes is through consultation between the two parties, rather than through arbitration. In fact, the whole process of the matter belongs to negotiation, and the resignation confirmation was signed on March 8. Where else is arbitration needed? Both sides have talked about it! Its almost a year since we were arrested on December 16.
Therefore, if its true that the former HR didnt even know the basic labor dispute handling process!
IV. why can he force the supervisor? Netizens confessed that they had made a fake in charge of business
The original answer:
In the companys product line, according to the IPD concept, the product line is not only responsible for R & D, but also for production, procurement, sales and services. Among them, R & D is a strong management, while others are relatively weak management. So Li, as a sales manager, is actually an important but unimportant position. He can access a lot of contract information, but the important thing in the product line is R & D.
The head of the product line business department is severely punished for business fraud (false reporting of the contract order amount). This is purely internal management of the company, because there is an order KPI, which is completed well, with a lot of bonus; individual sales directors falsely report the contract, the product line knows not to say, joint and several liability, direct liability is a front-line fake contract.
Because the supervisor is afraid of being reported to the companys leaders, he chooses to settle down and give money. This n-1 is equivalent to the sealing fee that the supervisor is forced to pay.
On November 21, 2016, Li Hongyuan sent a report email to Huawei. What are you afraid of if you have already reported it? Where can we be threatened? There is no logic at all, not even a clear understanding of things
5. Where is the supervisors money?
The original answer:
Every year, each department has a part of team building and incentive budget. The Department can apply for team individual award, tourism dinner group building, etc. If its for an individual, the tax will be deducted and sent to the individual wage account; if its for team building, the invoice will be reimbursed, the advance payment will be made first and then the money will be collected, which will be put in the Department Secretary. Of course, some supervisors will give more project bonuses to employees in violation of regulations, and then some of them will be recycled to the Department for group construction funds, which are also put in the Department Secretary, but they will be punished if found. This supervisor, in violation of the rules, distributed part of the money to the employees and collected part of it back to the Secretary to do the group construction funds, bypassing the companys management. In fact, the secretary is in charge of money management and distribution, and the separation of money and power is also a kind of check and balance, which should be publicized. So the director is equivalent to paying Li the funds for the group construction. In essence, Li infringed on the rights and interests of his former colleagues in his department, similar to crowdfunding.
1. Everyone laughs at this description. Where can Huawei be compared with the US? This is the management mode of a grassroots team.
2. The secretary is in charge of money management, and the director is in charge of distribution. The financial friends are afraid to laugh! A company can only manage money by cashiers.
3. In terms of the companys financial system management, whether it is group construction expenses or not, it is basically: small amount is paid in advance and then reimbursed, and large amount is directly sent to the corporate account of the group construction activity supplier!
4. How can I get reimbursement? How much do you want to quote for the group construction fee? How to issue the invoice? Which supplier dare to open?
5. Where is internal control? Where is finance? Where is the audit? Where is the surveillance? If the supervisor really misappropriates more than 300000 yuan, the evidence with evidence and evidence is the real duty crime!
6. Article 271 of the provisions of the criminal law: any person of a company, enterprise or any other unit who, taking advantage of his position, illegally occupies the property of his own unit, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the amount involved is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also be sentenced to confiscation of property. The starting amount of the larger amount refers to the embezzlement of 5000 yuan to 20000 yuan or more of the property of companies, enterprises and other units, referring to the Supreme Peoples courts interpretation on Several Issues concerning the application of laws in handling criminal cases such as corporate bribery, embezzlement and misappropriation.
Vi. does the supervisor want to frame Li?
The original answer:
No, the supervisor is sincere and reconciled. Although he is forced to pay for his position with the Departments money (he will be demoted or even dismissed if he is reported), so he compromise against the rules and negotiate with HR to give money and ask the Secretary to give money. Of course, the Department HR will also be punished, because it did not implement the companys policies, but became a competent clerk, just like Zhao Gang not only had to cooperate with Li Yunlong, but also had to report to the brigade commander when Li Yunlong was blind. If the supervisor does this, he / she will not violate the law or embezzle public funds. Because he / she is not in his / her own pocket, it belongs to the management vacancy of the company. The last thing I want to expose is the supervisor. Its not the conspiracy theorists idea of deliberately making a large amount of money to let people go to jail for a long time, because the amount of money is what Li wants.
1. Is HR head flooded? Will you play with your career friends in the workplace? And HR can do it?
2. Its not illegal to violate the law, its not embezzlement, because its not in ones own pocket. Its just nonsense. Its also a crime to put others pockets into others pockets!
3. If you say you want to reconcile sincerely, there is no evidence of signing;
4. Take Li Yunlong and Zhao Gang for example. Arent you afraid to dirty the sword? Its really ugly. What did these employees do to make Huawei look good?
7. How to expose it?
The original answer:
Because of the large-scale expenditure of the group construction funds, the employees did not see the shadow of money, and some people complained to the company; as a result, the audit department found that the supervisor violated the rules to give money to the outsider Li, rather than spend it on the team incentive. The supervisor then confessed the whole story of the incident. The company thought that Li took an internal management problem of the company and beat the supervisor, causing the company to lose hundreds of thousands of yuan. Of course, he had to call the police. Because Li Kan can report management problems to the companys audit department and so on. Its illegal to oppress the supervisor to take money.
This one is not worth refuting!
8. Why did you arrest people after taking money for several months? Was it intentional?
The original answer:
Because the time when the company found out the problem was a few months after the deal between Li and the supervisor, would it be unpredictable? So of course, the internal investigation is clear after the discovery of the alarm, so only a few months later.
Theres no logic at all. Our employees steal the companys money and pay compensation to the employees who quit. Instead of sending the employees who steal the companys money, they go to catch the employees who quit? Another simple analogy: when you are the boss and open a small shop, your salesman steals a bottle of Maotai and gives it to another salesman who is going to leave. After half a year, you check the warehouse and find out. You say who you want to lose money with!
9. Why 251?
There are a lot of sensitive words in the original. If I cant use them, I wont extract them.
Refutation: according to the logic of the original, those who can get the evidence are unreasonable, and those who cant get the evidence are reasonable! The state compensation has been paid. In general, Sister Xianglin said, wait for me to find evidence! I really dont know what logic it is!
10. Why does the company not explain.
The original answer:
Because the judiciary has ruled, there is no way to say, what? When someone extorts money, it involves slander, because the justice has stated that there is no sufficient evidence; when someone apologizes, I am wrong, which is even more absurd. It is clear that the company has been taken away by hundreds of thousands of people and reported according to law, which is to break teeth and blood swallow. The only thing we can do is to manage the funds of the league construction, train the HR system and improve the management ability of the directors.
As of today, Huawei has publicly responded. As for the content of the response, I believe many friends are disappointed. Of course, when replying, he also exposed the authors childishness: he actually presupposed that Huawei would not make a statement on this matter. This is where there is no common sense. How can Huawei not make public statements about such a big public opinion event and only break teeth and blood swallow?
If Lis performance is poor, the contract will not be renewed. The company will give n + 1. Li knew that the arbitration would not win 2n. He forced the supervisor to give it by mastering the handle and chose a favorable time for recording during the negotiation. After being complained by the staff, the audit department found out the problem, and the supervisor confessed and the company called the police. The criminal detention was approved, but because the supervisor did not keep the iron card, he was unable to sue after many supplements, and the judicial organ released the person and made compensation after the legal time.
In the beginning, no matter the supervisor or the company, it was not difficult to be an employee; the company gave it according to N + 1, the supervisor gave it privately, calmed down the situation, and the company called the police when the audit found the loss. There is no plan or game, and there is no disgrace that cannot be told.
1. If Lis performance is poor, the contract will not be renewed, and the company will give n + 1. Li knew that the arbitration would not win 2n. He forced the supervisor to give it by mastering the handle and chose a favorable time for recording during the negotiation.
Its bullshit. HR is in charge of resignation negotiation and holds the compensation standard. Its not what individuals want. Employees can apply for arbitration, and companies can apply for arbitration.
2. If the supervisor gives Li the funds of the Departments group construction in violation of regulations, the audit department finds problems after being complained by the employees, and the supervisor confesses and the company calls the police. It is true that in-service employees illegally misappropriate rather than investigate and deal with an employee who has already left his job. Does the person in the legal department have not graduated from primary school?
3. The biggest bug of this article is that although it seems that the whole article is about Li Hongyuans failure to let Huawei appear as a victim, or even to emphasize the rationality of Huaweis handling, he has virtually realized that this is the pursuit of resigned employees! This is the fact that the majority of Huawei fans cant accept, and even put it in a very passive situation at the moral and moral level.
4. I dont want to refute at this point. Its estimated that the people who wrote these things felt embarrassed, so they didnt sign their names!
Summary: so this article, we do not believe!
Summary of summary
On the follow-up to the Li Hongyuan incident: I believe that Li Hongyuan will not sue Huawei as expected.
An employee who can challenge some Huawei personnel, I believe he knows the stakes.
He is a wise man!
Huaweis bizarre statement, although disappointing, may be the only way at this moment.
Im not guessing.
I believe a slap doesnt ring.
There may be some things that no one dares to say.
After all, it is said that Huawei may not be allowed to use the US dollar.
I know there are great people in the world, but there is absolutely no great enterprise.
But I still hope Huawei can take the next step!
To be continued!
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