Recently, an Internet with the topic of "female executives illegally firing employees" has attracted attention. In the early morning of January 8, the company involved, Beijing Neox Technology, issued a statement denying the "illegal dismissal".
According to the statement, first, the company's human resources employee Jing and former employee Sun had a dispute over the termination of labor relations, and Jing was emotional and made inappropriate remarks, and he was ordered to suspend his job for reflection and serious treatment;
Second, the company and the former employee Sun have terminated the labor relationship on December 1, 2023, and the procedures are in accordance with the law.
Beijing Neox Technology, where Jing is located, issued a statement.
According to Jiupai News, a staff member of the Haidian District Labor Inspection Brigade also told ** that Sun did not complain or arbitrate on the claims he reflected, and the two parties had reached an agreement on severance compensation.
Judging from the above disclosures, this is a case of termination of labor relations during the normal probationary period. But why did it cause controversy and even cause extreme discomfort among netizens?
The reason is that in **, Jing Mou, a human resources employee of the company involved, said a few provocative words: "I just want to fire you illegally, what can you do with me." I'm telling you, I'm breaking the law, what's wrong?Can you control me breaking the law?”
According to the company's statement, the employee's termination of the employment contract was legal and happened a month ago, and we do not know why the employee had a dispute with the company's human resources. However, it can be seen that the company involved has played a marginal role in labor employment - the probationary period has exhausted the maximum of 6 months prescribed by law, and the termination of the labor relationship during the probation period occurred in the last month - this is legal, but it is a bit unauthentic, so there is no way to hold the company accountable, and the worker can at most complain on the workplace software.
However, there are people who can express their contempt for the law so directly - "I just want to break the law!"."It's shocking.
This also makes this incident rise from an ordinary labor dispute to a complex social issue, which may include our attitude towards the law - how do ordinary people view the law?Is it respect, reverence, or is the law used selectively as a tool?
The issue also includes what is the relationship between labor and management, and is the current situation too strong for management or is it over-protective for workers?Private enterprises and workers, who are the disadvantaged groups?
This slightly uncomfortable ** can cause us to think about several questions.
People's attitude towards the law
As mentioned earlier, the inappropriate remarks made by the human resources of the company involved showed a lack of basic respect for the law.
Private enterprises call for a good rule of law and market environment, and are eager for the protection of property rights and equal treatment of subject identity, however, when the company in this incident stands on the position of Party A, it does not have the awe and respect for the law.
There are many such people in real life, and many defendants who are in prison usually disdain the law and only think of the law when they are cornered, and their mentality is the same as that of this party.
When the law is useful to "me", "I" call for law and thirst for justice;When the law is useless to "me" or even hinders "me", "I" calculates the cost: if the cost of breaking the law is not high, "I" can turn my back on the law. This is really a refined egoism.
According to the recruitment app, Jing is the director of human resources @天眼查.
Taking it a step further, this involves a soul torture about the law: is the law a tool, or an ideal of the rule of law?
If the law is used as a tool, it can be designed and used as you please to achieve the ultimate goal.
If a lawyer uses the law as a tool, he or she can manipulate or use legal rules and procedures to pursue the best interests of his client;If a judge uses the law as a tool, he or she can reason in the direction of a specific outcome when deciding a case, and for this reason, he or she can also interpret the rules of the law creativelyThe company's manpower uses the law as a tool, and naturally it can also make its own trade-offs, the advantageous ones are used by me, and the unfavorable ones are blatantly violated, as long as the cost is less than the cost. In a way, these people are followers of utilitarianism.
Do they have a law in their eyes?Yes, it seems to be not.
They need to understand the law so that they can accurately calculate the cost of abiding by the law and the cost of breaking the law, but after their shrewd calculations and clever evasions, the pursuit of fairness and justice contained in the law itself has long been frustrated.
In these contexts, the utilitarianism of law has led it to deviate from the formal requirements of the rule of law: the law should be certain and stable, and apply equally to all. It itself conveys the human imagination of goodness for safety, reasonableness, fairness, and so on.
Imperfect Victim" stills.
Professor Jiang Ping, a master of law, once summed up the path of rule of law in China, which may have to go through legal pragmatism, legal nihilism, and then legal empiricism, and finally reach legal conceptualism.
Returning to this case, we should certainly condemn the parties for their contempt for the law, and hold them accountable if they violate the law. From another perspective, seeing the fierce reactions of netizens to the inappropriate remarks in ** has added confidence to our cause of the rule of law. We have seen how most people in society react to the law if one flouts the law, disobeys it, and takes it from it.
Their anger is also the result of our confidence in the rule of law.
This also confirms the saying that the best law is not just a clause printed on paper, nor is it just a text written in a judgment, but a code of conduct engraved in the hearts of citizens.
The relationship between workers and enterprises
This case also involves the relationship between workers and enterprises. Since in reality, "enterprises are strong, workers are weak", it is on this logic that the labor law protects workers.
An employment contract is different from a civil contract. In a civil contract, the parties are equal, so it is reasonable for the agreement to be executed and terminated by free will.
However, if this theoretical logic is translated into the labor contract, it will obviously deviate from the path of social justice, because the two parties to the labor relationship are obviously unequal.
In the view of labor law, the social and economic status of workers and employers is clearly different, and labor law is to correct the unfair results of these inequalities. Therefore, when an enterprise decides to dismiss an employee, it must require the employer to explain the reason for dismissal, design the dismissal procedure, and improve the dismissal treatment, which makes the enterprise less free to dismiss the employee, or must pay a price.
According to the official website of Tianyancha, Beijing Neox Technology is mainly engaged in science and technology promotion and application services, and the number of insured people is only 10 @天眼查.
The implementation of laws and regulations such as the Labor Law and the Labor Contract Law has made major changes in the original pattern of interests and the balance of forces between employers and workers.
Of course, there is also a view that relying too much on the Labor Law is not necessarily beneficial to the labor relationship, because in fact, the operation of labor relations also contains non-contractual elements such as tacit understanding, tolerance, commitment and trust, and if these elements are used correctly, it is actually more conducive to cooperation between workers and enterprises.
In the past, it was always emphasized that the quality and development level of workers, trade unions, and employers were low, so the state needed to intervene, but the power of the state also has boundaries, otherwise, it would be impossible for labor and management to establish an effective mechanism to solve problems.
Who are the vulnerable
Between workers and companies, it seems that it is easy to see who is the disadvantaged group. However, as mentioned above, we should also note that in recent years, due to the gradual improvement of legal norms and the status quo of a large number of irregular employment, the rate of losing cases by employers is very high.
On the one hand, because the cost of arbitration and litigation has been greatly reduced, the cost of workers' rights protection has decreased, and workers, as a vulnerable group, will no longer give up the opportunity to protect their rights due to economic difficulties. Of course, to a certain extent, this will also lead to the phenomenon of abusive litigation, and some workers will arbitrarily file claims in the face of low-cost litigation, and appeal once they are not satisfied with the judgment.
At the same time, it is not uncommon for employers to attempt to delay time by taking advantage of the litigation cycle of "one mediation, one adjudication and two trials". Just like the human resources of the ** company said, "Let's slowly fight the lawsuit, the first and second instance of labor arbitration, I have someone to wait for you slowly to see who consumes whom."
So, who are the vulnerable?The answer does not seem to be generalizable.
Who is the disadvantaged group, the answer cannot be generalized Stills from "Thirteen Years in the Dust".
According to the recent response of the chairman of the company involved, Sun, the dismissed employee in this incident, may be suspected of "academic fraud and resume fraud", and he has been falsely accusing many companies all the way and is a "habitual offender". According to Sun's statement, the company uses pirated software and engages in circle culture, which is a miasma. Therefore, a sense of justice is precious, and we should use it more carefully.
Since the reform and opening up, the country has been vigorously developing and changing the fastest in the past few decades. Without their labor and dedication, there would be no rapid urbanization and modernization, but the protection of the individual rights of workers is far from perfect, and if there is no reflection and change, it will be difficult for the situation of workers to be changed. And this also confirms that "those who do great things must be people-oriented".