"I'm going to break the law to dismiss you now! "Can you control me if I break the law?" "Don't you understand people? ”Such rampant words came from the mouth of a female senior leader of a Beijing electronic technology company, and we can clearly feel the "face" of this leader from these words alone!Try it, you can't find a job for two and a half years! "Don't think about finding a job anymore! I'm going to have food next month! "I just don't have the law! "I told you, I'm breaking the law, what's the matter? ”
Recently, there was a lot of uproar,**A man was holding a mobile phone to shoot,**A middle-aged woman spoke in a brutal and tough tone, and from time to time she stretched out her hand to point at the mobile phone lens to threaten people outside the camera, which seemed to give people a feeling of "Adults are so powerful!" ”
So what is the reason for this? Let's take a look.
According to the time restoration of the follow-up report, the former employee Sun joined the company on June 25, 2023, and the two parties signed a three-year labor contract and a confidential non-compete agreement after joining the company, and the probation period for this position is six months.
On December 1, 2023, when the probationary period was about to end, the company decided not to pass Sun's probationary period on the grounds that Sun's work ability was incompetent.
According to Beijing Neox Technology***, on December 1, 2023, the two parties signed an agreement on the termination of labor relations, and the company also paid the wages and severance compensation for November in full in accordance with the agreement on December 8.
On December 10, 2023, Sun returned to the company to find this HR and asked whether the company's dismissal of him was illegal to terminate the labor relationship, and the two were entangled for a long time.
Because of the conflict, Sun kept ** as evidence and uploaded it to the company's group, and soon the company's group moved Sun out of the group chat.
According to Sun's own words, he just uploaded ** to the company's large group, and ** on the Internet was not his first release.
But as soon as this ** was uploaded, everyone's enthusiasm was immediately detonated, and everyone was full of anger at this unreasonable female executive who defied the law in **.
Why is it so high? Isn't she the one who works for her boss? Some netizens think that this female executive may have strong business ability, but her quality is really poor.
In the end, this discourse, imbued with the exploitative spirit of the capitalists, shows that she is well aware of the difficulties of the labor arbitration system for ordinary people.
Some people in the company have time, and finding labor arbitration is nothing more than paying some more money, but you unemployed people have to pay the cost of time and energy, which can become her capital to intimidate the unemployed.
This rampant posture and face really don't know the professionalism of HR, and I don't even see if she still has awe of the law in her heart.
According to a report by Jiupai News, on January 8, the labor inspection brigade of Haidian District, Beijing, had not received any complaints or arbitration from the man, and the company and the worker had reached an agreement on severance compensation and signed an agreement.
However, according to an interview with a reporter from the "Seeing" column of Dahe Daily, the dismissed employee Sun believes:
The sudden dismissal of me at the end of the six-month probationary period was a malicious dismissal, not a lack of competence.
Sun described in detail the reasons for the conflict between himself and the company: the company uses pirated EDA tools to design chips, such chips may have bugs, I think the company should still have its own chip design and development team, but the company does not accept some content.
Sun said that he has been engaged in chip research and development for 20 years, and he came to work in this company mainly because of the invitation of friends.
This ** was actually filmed two days after leaving the company, and it was not the first one he sent it on the Internet, he only posted it in the company's group after the conflict broke out, and then he was kicked out of the group chat by the company.
The problem with compensation is actually that the company drafted an apology letter in his tone, and only gave him the compensation after Sun signed the apology.
There are many words in the apology letter that are "incompetent" and "inconsistent with the corporate culture", and as of 12 o'clock on January 9, 2024, Sun still has not received his resignation certificate.
After the interview, the reporter of the "Seeing" column of Dahe Daily also called the relevant ** of Beijing Neox Technology, and also called and sent text messages to the HR leader involved, Jing, but did not get a response.
Sun told reporters in an interview that he believed that the reason for his termination of the contract and the violation of his superiors' opinions.
On January 6, some online platforms and self-** accounts appeared reports linking "Beijing Shougang" with the news of "illegal dismissal of employees by company executives".
Regarding this incident, Shougang Group issued a clarification statement after careful verification:
The woman in the online rumor** is not an employee or executive of Shougang Group, and the incident has nothing to do with Shougang Group. Thank you for your concern and attention to Shougang Group, and let us work together to maintain a harmonious and clear network environment.
The article is not only published on the official accounts of various platforms of Beijing Shougang Group, but also published on the WeChat of Beijing Shougang Basketball Club.
Double clarification, two Beijing Shougang-related enterprises have made clarifications, which is why Beijing Neox Technology has appeared.
And Beijing Neox Technology, where the woman worked, also issued a statement in the early morning of two days after it was widely circulated.
What is curious is that the registered capital of 11 million US dollars of science and technology promotion company, the number of insured people is only 10, has the policy of five insurances and one housing fund been implemented?
On January 9, a reporter from Sina Technology contacted Chen Yiran, chairman of Beijing Neox Technology, and said that the fired employee may be suspected of "academic fraud and resume fraud".
In the following conversation, it was revealed that the man had blackmailed a number of companies by this means in the past and was already a "habitual offender".
After the ** explosion, the man once publicly claimed the protagonist on a certain platform, saying that the female leader who scolded in ** was a graduate of Tsinghua University, and the boss of the company was a college classmate and would be shielded.
Chen Yiran also refuted here, he and the "female executive" in charge of recruitment were not college classmates, and he didn't know any information about Sun's recruitment, and even the resignation and the news were only learned by someone who gave him ***.
In the news on the Internet, you can see that Beijing Neox Technology*** publicly issued a statement on January 8, 2024, but this announcement has no official seal, and the first time I saw it was only on the Internet**, and I didn't see the original source.
In this statement, he first apologized for the dispute between the human resources employee Jing and the former employee Sun.
After that, it was explained that the company had punished Jing Mou, a human resource employee in **: suspension for reflection and serious treatment.
There are some discrepancies between the situation in the statement and Sun's description.
According to the statement of Beijing Neox Technology, the company paid Sun's November salary and severance compensation in full on December 8 in accordance with the agreement, and the above procedures were handled in accordance with the law.
However, Sun himself said that he was illegally fired after a conflict with the company, and the company withheld his resignation certificate and did not return it.
Regarding the remarks of Chen Yiran, chairman of Beijing Neox Technology, many netizens expressed their disbelief.
"Did you know about academic fraud when you were less than six months old? This kind of thing that you know at a glance on the academic information network is either you take us for fools, or you HR are fools. ”
"I know that I am a habitual offender, why do you want to recruit into the company, is your HR not in good relationship with other companies, and no one has given you lightning protection? ”
"Do you think this chairman is playing haha? Speaks like a riddler, indistinct. ”
The female director Jing in ** is quite arrogant and claims that she "is illegal to dismiss you, how about it?!" So what exactly are the laws she might be violating?
The reporter of Xinmin Weekly interviewed Zhu Xiahuan, a lawyer from Shanghai Huazun Law Firm, and got some answers.
Lawyer Zhu Xiahuan said: China strictly restricts the termination of labor contracts during the probationary period.
The most common reason for an employer to terminate an employment contract during the probationary period is that "the employee does not meet the agreed employment conditions." "In this case, no compensation is required for the termination of the contract.
If the employment contract is terminated for such reasons, the employer must prove that the employer announced the clear employment conditions at the time of recruitment, and that the employee knew and approved the conditions in advance.
In addition, the company also needs to have sufficient documentary evidence to prove that the employee does not meet the employment requirements. With such strict conditions and processes, I don't know whether Sun's Beijing Neox Technology has promoted the dismissal process in strict accordance with laws and regulations.
If no written proof can be issued, the company may be deemed to have been "illegally terminated", and if the employee is illegally terminated during the probationary period, he or she can file a claim for financial compensation from the company or request the continuation of the labor contract.
According to the provisions of the Labor Contract Law, Sun's six-month probationary period was not illegal; The compensation has also been paid in full, so there is no legal problem with the company's termination of the employee's contract.
The only thing left is the arrogant executive, who has now been suspended for reflection, but we still don't know whether this is a small punishment or a light revelation.