SIEMENS'S Employment Contract Secret: Employees Are Forced To Leave Without Complaint.

The head office is signed by the branch office.

If it was not for the Beijing labor dispute arbitration committee to reject the application for arbitration, Li Xiaohui (alias) did not know that SIEMENS (China) Limited (hereinafter referred to as the "Siemens Ltd China") hired herself but had to sign the labor contract with SIEMENS (China) Limited Shenyang branch (hereinafter referred to as "SIEMENS Shenyang branch").

In September 1, 2010, with the recommendation of headhunting company, Li Xiaohui joined Siemens Ltd China and served as senior human resource consultant in human resources department.

But the labor contract signed by her is a bit odd. The first page of the employer is the basic information of SIEMENS Shenyang branch. The last page of the contract is Siemens Ltd China, signed by Lu Di (director of human resources of Siemens Ltd China operation area), but the SIEMENS Shenyang branch.

In February 28, 2011, Li Xiaohui was forced to leave.

Due to the fact that some reimbursement expenses and compensation were not in place, the communication with the Siemens Ltd China was also disunited. Li Xiaohui applied to arbitration for the Beijing labor dispute arbitration committee (hereinafter referred to as the Beijing Labor Arbitration Commission).

However, in June 7, 2011, Beijing labor arbitration commissioned Li Xiaohui's employer to be the Shenyang branch. His side did not have jurisdiction and dismissed Li Xiaohui's application.

"Go to Beijing arbitration, say your labor contract is signed with Shenyang branch; go to Shenyang arbitration, there is no actual labor relationship with Shenyang branch."

Li Xiaohui believes that this is deliberately staged by the Siemens Ltd China to avoid legal drama.

Speaking of her indomitable character, she subsequently filed a lawsuit against the Chaoyang District court of Beijing. In June 29, 2011, the court of Chaoyang District, Beijing accepted the case.

Headquarters

In September 13, 2010, 12 days after Li Xiaohui formally entered the Siemens Ltd China, Lu Wei, the Siemens Ltd China human resource manager, brought her a labor contract to sign her.

Li Xiaohui told the "legal person" reporter, based on the trust, she signed the last page directly, but signed the word but found that the first page of the contract is SIEMENS Shenyang branch, the last page is the Siemens Ltd China, the signature is Ludi, the seal is the SIEMENS Shenyang branch.

Later, the related personnel explained to Li Xiaohui: you are an employee of the Siemens Ltd China, personnel appointments, reporting relationships are still from the head office, the role of Shenyang branch is to put your cost center there, your reimbursement and so on.

The simple examination of reimbursement bills is in the financial department of Shenyang branch.

Li Xiaohui told reporters that SIEMENS started a project called ONE HR around 2008.

The project can be found in the German website of the company. The content is SIEMENS's human resources personnel in China, including the human resources personnel directly sent to SIEMENS's subsidiary or branch offices, all of which belong to Siemens Ltd China staff.

But Li Xiaohui did not send them to SIEMENS's subsidiaries or branches, but directly served the Siemens Ltd China. After training, he was temporarily sent to a factory in Huludao called SIEMENS industrial turbine machinery (Huludao) Co., Ltd. (hereinafter referred to as "Huludao factory"), and the Huludao plant was jointly operated by the Huludao municipal government and SIEMENS.

There are three main bodies in Li Xiaohui's work: one is the Siemens Ltd China in Beijing, the other is Huludao factory, the other is Shenyang branch.

Normally, Li Xiaohui is a staff member employed by the Siemens Ltd China. His personnel relations are located at headquarters. The Huludao factory is the site where the headquarters has sent them to work. For this reason, the Siemens Ltd China signed a lease agreement with the Huludao factory to lease Lee Xiao Hui to Huludao factory for temporary use, and the Huludao factory to pay the rent.

The employer SIEMENS Shenyang branch, which is determined in the labor contract, is the weakest part of the contract with Li Xiaohui.

In fact, according to Li Xiaohui, she has never been to a Shenyang branch. She doesn't even know what the Shenyang branch is for.

Her only contact with the Shenyang branch is that the bill that she needs to reimburse is approved by her direct leader Lu Wei, and then sent to the Finance Department of Shenyang branch for examination.

Li Xiaohui told the legal person reporter that the situation like SIEMENS in her case is not a case.

Why is it necessary to sign a labor contract with the weakest Shenyang branch?

The puzzle that puzzled Li Xiaohui at that time was about to be solved after the outbreak of her labor dispute with Siemens Ltd China.

Block leads the way of Finance and is forced to leave.

In November 2010, Li Xiaohui's direct leadership Lu Wei was promoted.

Lu Wei told Li Xiaohui that Li should be promoted as a personnel manager and fully responsible for the human resources of the Huludao factory. Thereafter, Siemens Ltd's human resources director of China's operation area, Lu Di, will become the new leader of Li Xiaohui.

"In November, she wanted to give me a promotion, but in February 23, 2011, she tried to communicate with me at the end of the trial session, and offered to quit my job."

Li Xiaohui was shocked by Lu Wei's pformation, but he didn't have a hunch at all.

During this period, Li Xiaohui suggested that the Huludao factory manage its staff files by itself, so that it could save about 50 thousand yuan of management fees for the factory in a year. But Li Xiaohui did not know that Lu Wei was supposed to archive all the files of Huludao factory employees in the talent market.

"Lu Wei shouted at me on the phone and said," I think there is no right to manage. "

Li Xiaohui told the legal person reporter.

She also told reporters that Lu Wei and Huludao factory CEO has been giving her a large number of candidates who do not meet the company's requirements, including those recommended by headhunters or recommended by relatives.

The Employment Department considered it inappropriate, she told Lu Wei that Lu Wei yelled at her.

"As NASH, headhunter FMC, once suggested to me," customers ".

When a thing does not conform to common sense, we should understand that there must be a black curtain.

Li Xiaohui said.

Li Xiaohui also said that when she worked out the attendance check system in Huludao factory, she was very dissatisfied with the instructions from Lu Wei, which was very strict with Lu Wei's instructions. He made a direct and explicit explanation of the underground order: "don't write so clearly at the end of the year," CEO said. "When the end of the year comes to the end, don't write this clear," said Li Xiaohui.

Because Guo worried that he would be under surveillance in the future, and the power would be smaller.

"Obviously, at this time, I was totally honest and serious, and I had offended the two leaders.

Two people have always regarded this factory as a tool for their two people to make money.

But foolishly, I am undoubtedly an obstacle to their money. "

Li Xiaohui analyzed this way.

After talking with Lu Wei, Li Xiaohui did not propose to resign. Instead, he chose to stay and complain to a higher level leader.

She complained to Siemens Ltd China's Lu Di, Ma Qing (Siemens Ltd China human resources director) and Cheng Meiwei (Siemens Ltd China CEO).

Siemens Ltd China authorized Lu Di to deal with the matter.

The result of the processing was that in February 28, 2011, the Siemens Ltd China issued a letter of notification of dissolving labor relations to Li Xiaohui on the grounds that he did not meet the employment requirements prescribed by the company.

Regarding the above Li Xiaohui's statement, "legal person" reporter contacted Siemens Ltd China and Lu Wei's interview, Siemens Ltd China refused to comment on "the dispute has entered the legal process, our company does not comment on the details of the dispute". Lu Wei did not reply before his deadline.

{page_break}

There is no room for complaint.

Li Xiaohui was hurt by the letter of notification of the termination of labor relations. In the telephone communication with Lu Wei, the Northeast girl with a hard style could not help choking.

She had already accepted the dissolution of the labor contract, but she proposed to pay the expenses and subsidies that she had not yet reimbursed, the year-end award of Lu Wei's commitment and the compensation for the dissolution of the labor contract.

Rudy's reply to Li Xiaohui on behalf of the Siemens Ltd China is: no money.

Li Xiaohui, in March 28, 2011, applied to the Beijing labor arbitration commission.

The arbitration request amounts to 17 items, including requesting the Siemens Ltd China to pay two times the salary of 71020 yuan from September 1, 2010 to March 2, 2011 without signing a written labor contract. The compensation for breaking the labor relations is 27400 yuan, 13700 yuan for the cancellation of the labor relations is not announced thirty days ahead of schedule, 21000 yuan for the year-end bonus, and the cost of the unpaid travel and the subsidy of 12414.81 yuan.

Li Xiaohui learned the origin of economic law. Before arbitration, she consulted many friends in the judicial circles. They agreed that the labor contract signed by Li Xiaohui and SIEMENS Shenyang branch was invalid because there was no actual performance, and she and Siemens Ltd China were actually labor relations without signing labor contracts.

So her first request for arbitration was to request the Siemens Ltd China to pay two times the salary of 71020 yuan from September 1, 2010 to March 2, 2011 without signing a written labor contract.

In a court hearing, the Siemens Ltd China proposed that according to the twenty-first article of the labor dispute mediation and arbitration law, labor disputes shall be under the jurisdiction of the labor dispute arbitration committee at the place where the labor contract is performed or where the employer is located.

In this case, Li Xiaohui signed a labor contract with SIEMENS Shenyang branch. The location of the employer was No. 59 North Station Road, Shenhe District, Shenyang. The labor contract fulfillment place was agreed by the two parties to be the office premises located in Huludao.

The case shall be governed by the above two jurisdictions. Beijing is neither a place of employment nor a place for performance of a labor contract, and has no jurisdiction in accordance with the law.

Li Xiaohui suddenly realized the intention of signing the contract with SIEMENS Shenyang branch.

"Let me go to Shenyang, I will tell you what, I have nothing to do with Shenyang branch, as for Huludao..."

Li Xiaohui did not dare to think. "Frankly speaking, Huludao is a rational place."

Li Xiaohui still had a lingering fear of the June 21, 2011 encounter in Dalian.

Li Xiaohui described to the "legal person" reporter: "at nine a.m. on June 21, 2011, the Dalian police called to say that my ID card was duplicated with others, so let me fill in the form.

When I arrived at Wanli police station in Jinzhou New District of Dalian, three police officers from Huludao suddenly appeared. They said they had to force me to admit that they had taken SIEMENS industrial turbine (Huludao) Limited's laptop computer with secrets.

For Li Xiaohui, it is meaningless for Shenyang and Huludao to go, and one is afraid to go.

But to her disappointment, the Beijing labor dispute arbitration commission supported the Siemens Ltd China's view that the contract signed by Li Xiaohui and SIEMENS Shenyang branch was authentic and effective, and Beijing had no jurisdiction over the labor dispute between them.

The secret of SIEMENS's labor contract

It is the purpose of Siemens Ltd China to sign such a labor contract when it disputes with workers.

Obviously, the purpose of arbitration is achieved.

Wang Xiangqian, director of the teaching and research section of the labor law of China Institute of Industrial Relations, said in an interview with the legal person that the branch company has no independent legal person qualification, which is equivalent to a department of the head office. The law gives its independent litigation and arbitration subjects the qualification to facilitate the settlement of disputes with the parties concerned, such as the labor disputes between the workers and the branches of the branch company, and no need to travel to the headquarters to fight lawsuits.

"But the branch company can act as a defendant. It does not mean that the head office can not be a defendant. The employees of the branch company are also employees of the head office. In fact, when the branch company can not bear legal liability, the head office still has to shoulder the responsibility."

Wang Xiangqian pointed out: "in the dispute between Li Xiaohui and SIEMENS, Li Xiaohui has a legal basis for choosing to sue the head office, because the head office and the branch are all employing units, and the termination of labor relations with Li Xiaohui is the head office, that is, the violation of her rights is the head office, not the branch company.

Whoever violates my rights, I should tell anyone.

Li Xiaohui has always maintained that her labor contract with SIEMENS Shenyang branch is invalid.

Even though the contract is effective, the Siemens Ltd China has adopted a double standard for the contract. When signing a labor contract, when the personnel management and issuing instructions were carried out by Li Xiaohui, the employees of the branch company were the employees of the head office. However, when disputes occurred and Li Xiaohui wanted to safeguard their rights, the branch company was the branch company and the head office was the head office.

Li Xiaohui worked in Huludao for a period of time.

"For employees who work at the headquarters and sign the branch offices, the cost will be greatly increased if they are allowed to go to the branch for arbitration and litigation, and the local judicial corruption is relatively serious, so the contract is designed to force employees to give up their rights."

Wang Xiangqian said.

Whether Siemens Ltd China has such a purpose in designing such a labor contract, such as putting the employee cost center in a branch to reduce costs, we have no idea.

Although Siemens Ltd China did not wish to comment on specific details, the reply sent to the corporate magazine emphasized that "I always handle the dispute according to the legal procedures in accordance with the law". We will also protect the rights of the company and its employees in accordance with the law in accordance with the words and malicious harassment and intimidation of the employees of the former employee.