Chen Dai Shoe Factory Workers Deliberately Create Trouble For The Factory.

If the employee fails to leave the contract automatically, he will not get the remaining salary. If the employee is expelled from the enterprise, the employee will still be able to get the rest of his salary after compensating the corresponding liability.

The practice of a shoe material enterprise in Chai Tai, Jinjiang, has encountered a new problem at the time of the implementation of the new Labor Contract Law: some employees who breach their contracts and unilaterally dissolve labor relations with enterprises prefer to be expelled from the enterprise and unwilling to choose "automatic separation".

The staff deliberately created trouble for the factory. Just last year, it happened that the employee had been deliberately dismissed from the company.

Lin's contract expires in half a year, but he can't wait. Under the encouragement of fellow townsman, he decided to switch to another Jinjiang business.

The other side also asked him to come to work within a week.

When he proposed his intention to resign, the personnel department did not approve it immediately.

After all, one is a breach of contract, and the two is to say "go away" without giving notice in advance. In the first place, Lin feels that he has no hope of going through the normal resignation procedure, and if he does not go through the formalities, he will not be able to get the last month's salary automatically.

What shall I do?

Lin came up with an idea: if the company fails to resign, then let the enterprise take the initiative to expel it.

In accordance with the company's rules and regulations, employees can be expelled two times in a business.

As long as the company violates laws and regulations and fights, it will be remembered once.

As a result, "two times in two days, the successful implementation of the expulsion" plan was brewed in the heart of Lin.

On the first day, he deliberately played the charge, the force was just right, the other side was not injured, but in anger, the other side reported to the company security office. Lin took the charge of "beating a company in the company" and was willing to be remembered once. On the second day, he colluded with the old man Chen, and the two played a "Lin stealing a Chen mobile phone, and the security guard arrested the current" double spring, which was successfully stolen by the company and recorded second times.

In this way, according to an enterprise stipulation that had been heavily fined 200 yuan, Xiao Lin successfully realized the original intention of being dismissed after being fined 400 yuan.

In contrast, the company ended up clearing 1200 yuan a month with him, saying that "expulsion is cost-effective."

If he resigns, he loses not only 400 yuan, but 1200 yuan.

The day before yesterday, when talking about this matter with reporters, the manager of the personnel department of the enterprise was very helpless: "this situation is not only found once."

The frustration of lack of labor chain reaction, according to reporters in the industry, the situation has also appeared in many enterprises in the industry.

Chen Mingyou, manager of Management Department of Jinjiang Da San Hao shoes and Garments Co., Ltd., and Wei Wei, manager of Human Resources Department of Tai Ya Shoes Co., Ltd., are also not surprised.

"This is actually a chain reaction in the background of Quanzhou's lack of labor."

According to Chen Mingyou analysis, some of the non-standard enterprises in Quanzhou are not thinking about how to improve the enterprise environment and improve the treatment of workers, but to dig other workers' workers through malicious means. It can be said that such vicious competition has destroyed the harmonious employment environment of the industry to a certain extent. On the other hand, the mobility of workers has also increased in the face of interests.

Because most front-line workers have low educational level and weak legal consciousness, many people quit their jobs.

It is precisely because there are such unwritten provisions in many enterprises in Quanzhou that the Countermeasures for workers to resign are manifold.

"Not to say that we are deliberately dismissed from the business, like we fabricate similar lies like" mom died "and" father's dying "lies in order to resign employees.

Chen Mingyou also said that many enterprises have this practice: employees who handle normal turnover procedures can settle all salaries; however, if the enterprises do not approve, employees will leave the rest of their wages without leaving their employees.

"Therefore, we prefer to" get rid of the enterprise "to get the wages, which is a must.

Chen Dai, the shoe material enterprise, said that this shows that there is a problem in the rules and regulations of the enterprise itself.

Experts believe that the legal awareness of both sides needs to be strengthened. This is an unanimous study by the Law Research Institute of the Chinese Academy of Social Sciences, Dr. Xie Zengyi of Tsinghua University and Dr. Liu Zongwei of Quanzhou Tianheng law firm.

Because, from the legal point of view, wages are the basic purpose for employees to engage in labor, and the payment of wages is also the basic right of employees. As long as employees work hard, enterprises are obliged to pay labor remuneration in time and in full.

In the face of workers' resignation, Liu suggested that enterprises should do their ideological work first, and try their best to retain them. If they are determined to go and do not give notice 30 days in advance, they can claim compensation for the losses resulting from them.

After the compensation is made, the appropriate exit formalities are granted.

In case of Lin's case, Lin should also be pferred to the public security organ.

Liu lawyers said that in practice, the "employee contract period is not fully automatic leaving, will not be able to get the remaining unpaid wages" similar provisions, once the workers are appealed to the law, will be invalid clause, employers still have to pay wages, like in this case, instead of being labourers.

It is suggested that in formulating rules and regulations, enterprises should, from a legal point of view and in combination with the needs of business management, be required to compensate workers for losses in accordance with the law. They can not take such provisions as deducting wages and so on.

It needs to be reminded that in order to prevent similar situations among executives, it is better for enterprises to sign agreements on competition restrictions with senior managers, senior technicians and people who have obligations of confidentiality.

In addition, "if the vicious competition between enterprises, mutual excavation of employees may also face some legal responsibility."

Dr. Xie also said that according to the labor contract law, the employing unit should incurs joint and several liability for compensation if the employing unit has caused losses to other employers due to the employment of workers who have not yet terminated or terminated the labor contract with other units.

In addition, enterprises should make detailed provisions in their own rules and regulations on how to "seriously violate the rules and regulations of employers", "serious dereliction of duty, engage in malpractices, and cause serious harm to employers", so as to regulate employees' behavior and protect their legitimate rights and interests.