I participated in a discussion about the "Labor Law": there was a case in Shanghai, professional salary fraud!A professional gang in Shanghai joined the company for two years to cheat on wages, earning more than 10,000 yuan a month.
This discussion initiated by Poster News believes that the information is true.
Take advantage of non-neutral terms
Two years in the company, how is this done, what is the chassis?
If the probationary period is passed, the company takes the initiative to dismiss the employee, to do two months of salary compensation, if the employee has worked for ten years, then add ten months of salary compensation, the starting point of this clause is of course to protect the interests of employees, to avoid malicious dismissal of employees;However, such clauses are unilateral protections.
If the employee does not meet the requirements of the enterprise, there is a deliberate sabotage, and even as in the case of Shanghai, the implementation of malicious salary fraud, as soon as the positive is turned into a day, to test the endurance of human resources managers, and the company takes the initiative to terminate the labor contract, then two months of unearned income;This is not in line with social morality, nor is it conducive to the relationship between labor and management, let alone economic development, and there is a lack of detailed rules and restrictive clauses within the scope of the Labor Law.
This is probably the reason why many experts and companies are calling for a revision of the Labor Code.
Bosses need to study Xi Labor Code seriously
There is also a situation where employees can take advantage of the ignorance of the "Labor Law" of the small bosses, voluntarily stating that they do not sign the labor contract, verbally agree on the salary, which is originally a monthly salary of 8,000, and maliciously resign at the end of the year.
Although the contract was not signed at the beginning, it was an agreement between the two parties, and the boss was also honest, and if he didn't send less as agreed, it wouldn't work. The law is the law, but this is obviously a bad result, which shows that the "Labor Law" does need to be revised, and the basic interests of employees must be protected, but the core value of the law is justice, otherwise it will lead to a lot of unnecessary labor conflicts, and enterprises will also have a strong impulse to evade the "Labor Law".
Musk's choice
There is such a rumor that Musk came to China to set up a factory, and a human resources candidate in China told Musk a plan that can save millions, which is the "labor dispatch" that is now commonly used by enterprises, which is of course not conducive to the majority of workers.
Fortunately, Musk rejected the plan.
However, it also illustrates the difficulties in the implementation of the Labour Code.
The problem is two-sided, for enterprises, do not pay hardware insurance must be heavily fined, this is the minimum social responsibility, but, since the hardware insurance has been paid, the compensation is not all let the enterprise to bear?Is social insurance and finance also responsible?Especially when the economic situation is bad, the Labor Law is also a mountain for enterprises. On the other hand, the restriction must be neutral, if an employee is dismissed for slacking off, is there an information disclosure system, just like the case of Shanghai, two years of company, too crazy, its success shows that there are still loopholes in the Labor Law, and the relevant departments should do something.
The Labor Law is a fair guarantee of labor relations, and it should not be allowed to become a workplace for bad people.
It must be emphasized that the revision of the Labour Code must be carried out on the premise that the interests of workers are not harmed, and what can be done is to strengthen the principle of neutrality.