More Loopholes In Labor Contracts To Guard Against Corporate Fraud

Caution 1

A single probationary contract is an offence.

A sales company in Guangzhou has recruited a batch.

However, the same batch of recruited salesman Lee's business ability is very poor, unable to complete the task, the company finds that it does not meet the recruitment requirements, and Lee to lift the probation agreement.

Lee believes that the company's practice is not appropriate, apply for labor arbitration, on the grounds of violation of the company's request to pay double compensation.

As a result, labor arbitration supported Li and asked the company to pay double compensation according to Lee's 1500 yuan salary.

After receiving the arbitration result, the company is puzzled. The low level of Li's business is true. There is also evidence to prove that the law does not stipulate that those who do not meet the employment conditions do not have to pay financial compensation during the probation period.

Authoritative analysis: Lin Jingqing said that the sales company was suffering from the irregularities of concluding labor contracts.

According to the regulations, the labor contract only stipulates the probation period, and the term is the term of the labor contract.

The above labor contract only specifies a probationary period. When it comes to arbitration, it is deemed to be the term of the labor contract according to law.

In this way, although Li's business ability is poor, the company terminates the labor contract on the grounds of "failing to meet the employment conditions". That is an illegal release. According to the law, it should pay two times the compensation according to the economic compensation standard.

The arbitration proposal: as long as employment occurs, the employer should conclude a labor contract in time. The agreement on the probation period shall be implemented according to the law, for example, the probationary period is included in the labor contract period, and the labor contract less than 3 months shall not stipulate the probation period.

Caution 2

Punishment for going to work to see stocks and dismissal

Miss Zhang was a front desk clerk in a company in Guangzhou. When the stock market was hot in the past few days, Miss Zhang sometimes could not bear to look at the stock market on the computer. The result was found by the personnel manager. After the first two oral warnings and third times of discovery, the company released the labor contract with Miss Zhang according to the "serious violation of the enterprise regulations".

Because the company system stipulates that office hours can not be used office computers to play games, QQ, stocks and so on, found that the three time to dismiss.

But Miss Zhang believed that she did not know that the company had such rules and regulations, and only occasionally looked at stocks, which did not affect her job.

Miss Zhang also said that the company's first two oral warnings were nothing more than a statement. Actually, at that time, she did not read the stock market online. She thought the company's handling was wrong.

In arbitration, the employer provides the written rules and regulations of the company and the material of the personnel department of the company, and thinks that it is possible to strictly manage the discipline through the force of labor arbitration.

Unexpectedly, labor arbitration did not adopt the proof of the personnel department of the company, and decided that the enterprise was an illegal labor contract.

Authoritative analysis: Lin Jingqing said that there is nothing wrong with strengthening internal management, but it must be carried out in accordance with the law.

The company suffered losses in two aspects: first, the rules and regulations did not go through the necessary procedures, nor did it be publicized to employees; two, on the evidence, although the company thought it had warned Miss Zhang, but there was no written evidence, and the company's personnel department proved to be insecure because of its interest in the company.

The arbitration proposal: the rules and regulations within the enterprise can not only conflict with the laws of the state, but also make the procedures to be legal. That is to say, they should be publicized or informed by the democratic process and at the same time, all kinds of management evidence should be fixed in written form.

Caution 3

Change office area unilaterally and compensate employees

Mr. Chen has been working in computer maintenance in a large trading company. He has been working in Yuexiu District, Guangzhou. Recently, because of the decline in company orders, the company decided to adjust Mr. Chen to the farther development of the Guangzhou development area to save costs.

At that time, the labor contract was also agreed. "The unit has the right to adjust the staff's work place according to the needs of the operation, and the employee must accept it."

After receiving the notice, Mr. Chen thought the new working place was too far away from asking.

The company moved Chen's computer away, meaning that either he went to work in the development zone or resigned voluntarily, and the company did not pay for the economic compensation.

After the dispute entered the arbitration process, the arbitration department did not support the enterprise.

Mr. Chen resigned voluntarily, but the company still has to pay his financial compensation.

Enterprises can not figure out, do they even have to adjust the management autonomy of their employees?

Authoritative analysis: Lin Jingqing said that enterprises do have autonomy in production and operation, but it does not mean that they can unilaterally change their labor contracts or illegally agree to the terms in the labor contracts.

Mr. Chen is deprived of the original labor conditions by the enterprise, resulting in the labor contract can not perform normally. The worker voluntarily proposes to resign, and the employer still has to pay the economic compensation.

Arbitration proposal: for work place, job position, labor remuneration and other matters that need to be changed due to changes in production and operation conditions, enterprises can make reasonable provisions through rules and regulations or collective contracts formulated according to law. At the same time, these Provisions are used as attachments of labor union, so that similar problems can be effectively prevented.

Caution 4

The oral agreement is pferred to the company.

An electronic company in Guangzhou recently decided to adjust the position of Mr. Wu, a salesman, to office work, and promoted the grade at the level, ensuring that his income basically remained unchanged.

After consultations, Mr. Wu accepted the verbal acceptance and went to work in the office.

But after more than a month's work, Mr. Wu, who used to run away, thought that his position was not suitable for him. He asked to be pferred back to his original post. The company did not agree.

After labor arbitration, labor arbitration supported workers because of their words.

It is difficult for enterprises to understand that employees' turnover is seriously affected by their turnover.

Authoritative analysis: Lin Jingqing said that the enterprise failed to sign a change agreement when changing the labor contract.

The change of the labor contract must be negotiated on the basis of equality and voluntariness, and a written change agreement should be formed for the content of consensus.

Of course, if the two sides have actually fulfilled the changed contents and have not raised any objection within one year's time, they will not be supported by the arbitration institution.

Arbitration proposal: change the content of labor contract formed on the basis of equality and voluntariness, and the employer and worker should sign a written agreement in time.

Caution 5

Contract expiration forgotten, double loss.

Miss Fang, a sales agent of a cosmetics company, will expire in May 31st this year.

But after May 31st, the company did not have any termination of the contract. Miss Fang also went to work normally and received wages in June.

In July, the cosmetics company "surprised" Miss Fang's labor contract has expired, and think Miss Fang's usual performance is not very useful, and decided to terminate the labor contract.

Miss Fang disagrees, because the original labor contract has expired, but the company has no opinion, which means that we should continue to use her.

She believed that the company did not sign a written labor contract again, and asked to pay her double wages; two, it was an illegal release and required to pay her double compensation.

As a result, labor arbitration supports staff requirements.

The cosmetics company thought it was unreasonable because its real intention was not to continue to keep Miss Fang. It was only a slip of the tongue that did not find the contract expired, and the procedure was late.

Authoritative analysis: Lin Jingqing said that the termination of the labor contract should be terminated in a timely manner, and there should be no more employment behavior.

If the laborers continue to work, there will be a factual labor relationship between the two sides. The employer should sign the labor contract with the laborers in time.

Due to the problems of human resources management in cosmetics companies, the fact labor relations exist and workers are not at fault.

The arbitration proposal: the enterprise should have a clear employment plan, establish a labor contract ledger and strengthen management, reduce the randomness of employment, and terminate the termination of the labor contract in time, so as to protect the legitimate rights and interests of both parties.