Encountering Workplace "Cold Violence" &Nbsp; Staff Should Uphold Legal "Umbrella".

From "hard" to "playing Yin", now Workplace "Cold violence" is popular: marginalized, overhead, into the "cold palace", deliberately leave, change jobs... If you work hard in the workplace white collar The class could not bear the cold psychological attack of "cold violence" and resigned angrily. enterprise The purpose of a company operator is achieved.

In an interview, reporters learned that the phenomenon of "cold violence" in the workplace has been warming up recently. Under the new labor contract law, if the company voluntarily layoffs, the company will have to pay a high amount of compensation. The reduction of wages will also be a violation of public anger. If there is labor disputes, enterprises will be very passive. As a result, some enterprises have dismissed employees in disguised form in the form of "cold violence" in the workplace, so that their legitimate rights and interests have been infringed.

It is understood that some enterprises layoffs "action" is very concealed, without spending a penny can let employees "run", and some of them are clearly running gas, do not lose money. In this regard, the relevant labor security law experts said that employees should consider carefully when signing contracts, and can negotiate supplementary terms with the other party. At the same time, if the company finds obvious misconduct, it can retain relevant evidence and safeguard its rights through legal channels. The relevant human resources experts say that once the company has such a move, it will no longer give employees the opportunity to do so. Employees should quickly find a "home" and reflect on their problems at work and find a job that suits them better.

　　 Be driven into the "cold palace"

Mr. Lu, who works in a commercial enterprise, is the deputy general manager of the group. Mr. Lu started from the management at the grass-roots level. Because of his diligence and flexibility, he was able to create outstanding achievements in a short period of time. His position has risen from ordinary management to deputy general manager of the group in a short span of several years. Since September of last year, a large number of personnel changes have taken place at the top of the group. The most important change is that the general manager of the group has been removed from office and his position has been taken up by a cadre who does not know business well. That is, from that time, Mr. Lu began to live on the day of "wearing small shoes". Because Mr. Lu often disagrees with the general manager in his management policy, he gradually began to get cold shoulder. At first, he was often excluded from the management meeting. Later, the management responsibilities of two shopping malls under his group were replaced by several assistant general managers. Later, the general manager of the group simply ordered Mr. Lu to relieve some management work, specializing in the training of employees. The final decision of the general manager finally made Mr. Lu, who was very hesitant, decided to resign. After this year's national day, Mr. Lu submitted his resignation to the group.

Mr. Lu said that many people felt that his resignation was too reckless, because the company sent out a bonus every year before the Spring Festival. Executives like him could get more than one hundred thousand yuan bonus. Choosing to quit before the Spring Festival is not wise and the loss is too great. But he said that the business management industry is "youth meal", and can not delay the future of small profits. This industry is changing at the same time. If it takes a few months, it will be unable to grasp the pulse of this industry. It will be "marginalized" by this fast developing industry. By that time, he might have lost more than just a job, but his ability to settle down.

　 Long term business trip

Ms. Huang is an executive of a commercial company in our city. Her specific job is the head of a shopping mall under the company. Since last May, enterprises have decided to open a shopping mall in Daqing, and let Ms. Huang do the opening shop in the early stage. The time is six months. Ms. Huang, speaking with the general manager of the company, said he had to go back to work in Harbin when he finished his early work in Daqing, because her parents had to take care of her family, and her daughter was about to enter school. All the affairs in the family needed her. The general manager agreed to her request. With the efforts of MS Wong and all the staff, the store in Daqing finally opened smoothly. The smooth opening of the business did not allow Ms Huang to return to Harbin smoothly. The general manager kept MS Wong going to stay there for some time because she needed to deal with a lot of trivial matters after opening. So Ms. Huang worked for several months. Later, when the children started school, Ms. Huang could not sustain this life. She found the general manager of the company and hoped to send her back to Harbin immediately, otherwise she would not be able to continue working.

Ms. Huang received the reply that he had to work in Daqing for some time, and the deadline was not yet fixed. At the same time, Ms. Huang was refused when she spent a lot of money on the company's financial reimbursement to Daqing, such as accommodation, transportation and communication fees, which was even more expensive than Ms. Huang's salary. Ms. Huang was very angry to find the general manager's theory. The general manager criticized Ms. Huang's unease about the work arranged by the company and hinted that she was dissatisfied and could resign. But Miss Huang chose to resign. Her colleagues suggested that the general manager of the company was not satisfied with Miss Huang, and wanted to expel her. But Mrs. Huang had no obvious mistakes in her work and forced the company to pay a large sum of money, so she took this way to force her to resign.

　　 The "hidden rules"

Miss Yang is a salesperson. She has been in the industry for 8 years, and has sold more than ten flats by her and her colleagues. In October last year, Miss Yang signed a labor contract with a development company. The contract stipulated that Miss Yang was employed in the real estate sale of the company, and the contract lasted for two years. In addition to stipulating the proportion of Miss Yang's income, the contract also stipulates that the company can not terminate the labor contract without any reason, otherwise it will bear the corresponding liability for compensation. At the same time, it is also agreed that all sales personnel must comply with the company's performance rewards and punishments. If the company is punished for poor performance, the employees must accept it. Perhaps the outsiders don't understand the terms of the reward and punishment regulations, but as a sales veteran like Miss Yang, they can see that this is the hidden rule of the industry, which is known as the "last knock-out system".

With the development of real estate sales, Miss Yang and others can gradually show their sales ability. In the less than a month's time, half of the property has been sold out, and the momentum is still fierce. At the top of the company's estimate, the sales plan, which was scheduled for half a year or so, will be completed in less than three months. Of course, the sales professionals like Miss Yang have a very rewarding return. Perhaps it was too hasty when the contract was signed, and the company convened a meeting with Miss Yang and others to discuss the reduction of the royalty from the past proportion by thirty percentage points, on the grounds that the company did not make any profit. At first everyone opposed and hoped to carry out according to the original contract. But most of the salesmen agreed that the company was very tough. But Miss Yang thought this was too unreasonable. She said she must resolutely follow the original contract. Seeing Miss Yang's resolute attitude, the company did not say anything. On the second day, Miss Yang received the notice from the company and asked her to transfer to the shop for sale. The original design of the real estate shops is on the side of the planning road, and because the planning road has not been opened, shops are naturally unable to sell. A month later, Miss Yang's sales performance fell from the first to the last. In accordance with the rule of "elimination of the last place", Miss Yang's way out is left with "leaving".

　　 Labor law expert: sign contract clearly add clause

Jiang Qingwen, an expert in labor law of our city, analyzed that nowadays, enterprises have to change their rude way of direct dismissal when they are laid off because of economic problems or want to get rid of certain employees. Instead, they use all other means to make employees unable to continue to work and choose to leave automatically. So when employees encounter such a situation, how to protect their rights?

Employees should first have a sense of self-protection, learn a little "labor law", encounter similar companies clever layoffs or power is cold and violent phenomenon, need to check the contract, see whether it violated the prior agreement. For example, the sales staff A in the case, whether the contract signed in the contract is located in the Zhabei District store, if the work is transferred to a far away location, whether the unit will issue traffic subsidies and so on. Ms. Huang, a staff member in the case, wants to find out whether this is the need for unit business expansion and whether it feels that the unit has obvious misconduct. If there are any problems, you can retain evidence, such as daily attendance card, evidence and evidence, and protect yourself by legal means.

Employees should be cautious at the beginning of signing a contract. They should not be afraid of failing to get a job. Employees can negotiate supplementary terms with employers when signing contracts, so as to prevent flaws in the contract contents. If we do not write clearly the location of the work or the treatment of the position in the contract and so on, it is very difficult for the company to be held accountable as long as the unit is paid normally, just like the case of Mr. Lu's power being forced to leave.

Jiang also pointed out that although China's labor laws do not have the relevant provisions of "last phase elimination", some enterprises still regard it as a "hidden rule" and use it in internal management. As a result, enterprises may use the "workplace cold violence" to alienate employees: the boss will deny you with indifference, and marginalized you; colleagues will ignore you; customers will also start denying your performance, so that employees will finally choose to leave because of too much pressure. If you encounter such a situation, the best way is to directly identify things with the unit and what you want. Just speak boldly and never swallow it. If necessary, you can pick up the legal weapon (labor contract) to safeguard your rights and interests, and even apply for arbitration and even litigation.

Jiang finally pointed out that according to the fourteenth provision of the labor contract law, a worker who has worked continuously for ten years or has made two fixed-term labor contracts in the employing unit, the employer is obliged to sign an unfixed term contract with the employee. That is to say, a company has signed a "one year, one sign" contract with its employees two times in a row, and the employees are conscientious and conscientious during the work. There is no violation of the company's regulations. The enterprise must sign an unfixed term contract with the employee. Otherwise, employees can complain to the labor and social security department or apply for arbitration, and correct the violation of the enterprise. This enables employees to have the initiative, and the employees who have the initiative will make the enterprises feel the high cost of the employees and take care of them. They will not arbitrarily try to abolish or expel employees. Even if the employee finally leaves, he will get better compensation because he takes the initiative in the law.

　　 HR expert: finding the best home is the wisest.

A company engaged in human resources work for many years said to the deputy general manager that the biggest goal of enterprises is to maximize profits without taking on social responsibilities. In order to ensure the combat effectiveness of the company team, it is normal for employees to get in and out. The deputy general manager said that if a company makes such a move, it will be carefully considered, at least within the scope of the law. If employees do not want to be driven away, they will not give them good career development opportunities. Therefore, the most sensible way for employees is to seize the time to find a good home to leave.