Executives shouting for illegal dismissal stabbed whom

Mondo Social Updated on 2024-01-31

High dimensionality.

I'm breaking the law, what can you do with me?"I have people in the first and second trials, so you can't find a job for two and a half years!Recently, a section of "company executives illegally fired employees" circulated on social networks, causing an uproar.

On January 8, the company involved apologized and issued a statement: former employee Sun joined the company on June 25, 2023, signed a 3-year labor contract and a confidentiality and non-compete agreement, and a probationary period of 6 months. Due to his incompetence in his work, it was decided not to pass the probationary period. After consensus, the two parties signed an agreement on the termination of labor relations on December 1, and paid the wages and severance compensation in full for November on December 8. The company emphasized that the above procedures were handled in accordance with the law.

As far as the facts are concerned, many doubts remain to be solved. For example, if the "consensus" between the two sides is true, then where does the fierce dispute in ** begin?Another example is that the Labor Contract Law stipulates that if an employee is proved to be ineligible for employment during the probationary period, the employer can terminate the employment contract without giving economic compensationIs there another reason for his departure?Conclusions cannot be easily drawn based on limited details, and it is clear that the one-sided statements of the companies involved are not convincing to the public.

Even the sentence "I will break the law" that stirred up a thousand waves with one stone is also worth playing. The Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee at twice the rate of economic compensation. From Jing's loud shouting, it is also not difficult to get a glimpse of the company's inconsistencies: is it "compliance treatment" or illegal dismissal?

As the saying goes, "Breaking up is a good character", and this also applies to labor relations. In any case, Jing's arrogance in front of the camera is extremely uncomfortable. Taking a step back, even if the company really takes charge, as a human resource employee, it should not be so vicious, not only completely exposing the unprofessionalism and immaturity of emotional management, pushing yourself to the fire of **, but also recruiting black for your own unit - "I will break the law" and "I can't understand people's words" is full of anger, "so that you can't find a job for two and a half years" The smell of gunpowder is more sufficient, and if it is not a posturing, it is a blatant threat, which, as one lawyer put it, is suspected of violating the employee's right to personality and reputation, and may face legal sanctions.

Although this is an individual case, it is not uncommon for "executives" to be on top of each other in the workplace. An important reason is that "workers" are relatively weak. First, once the two sides go to court, the costs of money, time and other costs behind it discourage many workersSecond, ordinary people often go it alone, while companies often have specialized legal counselSome companies will also deliberately make stumbling blocks in the resignation procedures, making people "uncomfortable to leave......".All of these have hit the sore spot of "beating workers", and it is easy to arouse strong empathy.

According to the latest reports, the local social security department has paid attention to the matter. It is expected that the official intervention will restore the truth of the incident and give an authoritative statement and a fair result.

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