Recently, a paragraph involving the illegal dismissal of employees by executives of a company in Beijing has attracted widespread attention and discussion. In this **, the female executive not only illegally dismissed the employee, but also openly challengedLaws, claiming that he can break the law without being checked, and threatening employees with not being able to find a job for two and a half years. In the face of the release of this **, many netizens expressed their dissatisfaction with the arrogant behavior of the female executive and responded to itLawsof contempt to condemn.
However, Shougang was also implicated in the incident. As a result of a statement posted on the Internet, Shougang was mistaken by many netizens for the female executive's employer. To set the record straight, Shougang issued a statement on the evening of January 7, making it clear that the female executive was not an employee of Shougang and had no connection with Shougang.
Subsequently, Beijing NiOakSTechnologyHereinafter referred to as "NiOakSTechnologyAs the company where the female executive works, a statement announcement was also issued immediately afterward. According to the statement, NicholasOakSTechnologyThe company apologized to employee Sun for having a dispute with a former female executive, and reflected on and suspended the female executive's inappropriate remarks. At the same time, NekoOakSTechnologyThe company also explained the reason for the dismissal of Sun: Sun joined the company on June 25, 2023 and signed a contract for a period of 3 yearsEmployment contractsand a non-compete agreement, with a 6-month probationary period. However, due to Sun's incompetence in his work, the company decided to terminate the labor relationship and pay the salary and severance compensation for November.
According to the relevant provisions of the non-compete agreement, even if you leave the company during the probationary period, you are still subject to the restrictions of the non-compete agreement. Non-CompeteDuring this period, the employee shall not be employed with the company's competitors who are engaged in the same kind of business, nor shall they be able to start the same kind of business by themselves. In addition, according to the People's Republic of ChinaEmployment contractsArticle 23 of the Law stipulates that the employer and the employee shall be in the same placeEmployment contractsIt may be agreed upon to keep the employerTrade Secretsand withIntellectual Propertyrelated to confidential matters, upon rescission or terminationEmployment contractsAfter that, the worker is paid on a monthly basisEconomyCompensate.
According to AdrafinOakSTechnologyThe content of the company's announcement can be inferred fromNon-CompeteRelevantEconomyThe issue of compensation has not yet been determined. In addition, the treatment of female executives in the announcement is only suspended for reflection, and no dismissal is made, and the suspension time is not clearly stated. The ambiguity of these details has sparked discussions among netizens.
Some argue that a one-hour suspension is not enough, and that female executives should undergo a longer period of suspension for reflection. In addition, the six-month probationary period and the dismissal of employees if they fail to meet the requirements at the end of the period have also raised questions about this practice. Many netizens also expressed doubts about the issue of compensation after signing the non-compete agreement.
The compensation standard for non-compete agreements is generally based on the employee'sAverage salaryto calculate. The employer shall take the employee's account according to the employee's presenceEmployment contracts12 months prior to cancellation or terminationAverage salaryof 30%, paid monthlyEconomyCompensate.
However, not in NiOakSTechnologyThe company's announcement saw a specific explanation of the compensation standard. It is unclear whether the company will comply with the non-compete agreementEmployment contractsThe agreement was paid to SunEconomyCompensate. This unclear way of dealing with it has undoubtedly increased the uncertainty of employees and caused netizens to question the company's handling method.
In addition, some have expressed skepticism about the practice of firing employees on the eve of the probationary period. The probationary period is used to evaluate and adjust the employee's work ability, if the employee's work ability cannot meet the company's requirements during the probation period, the company should give corresponding warnings and guidance in advance, rather than sudden dismissal.
In short, the incident has aroused the attention and discussion of many netizens, and there are certain doubts about the company's handling of it. For employees, a non-compete agreement is signed to protect the companyTrade SecretswithIntellectual PropertyBut at the same time, it is also necessary to protect the rights and legitimate interests of employees. In the implementation, attention should be paid to consultation and communication with employees to ensure:Non-Competeof reasonableness and legitimacy.
The illegal dismissal of an employee by a senior executive of a company in Beijing has triggered public interest in the non-compete agreement andEmployment contractsWidespread attention and discussion of the lift. As an employee, I believe that for employees who sign a non-compete agreement, it is important to clearly understand the specific content and provisions of the agreement to ensure their rights and legitimate interests.
In the case of a company, in the event of rescission or terminationEmployment contractsshall pay the employee accordingly according to the agreementEconomycompensation, and a greater focus on communication and negotiation when dealing with employee issues. The probationary period is a period to evaluate the employee's ability and adaptability, and if the employee fails to meet the company's requirements at this stage, the company should give warning and guidance in advance to avoid confusion and dissatisfaction caused by sudden dismissal.
This incident is also a reminder of the need for strict compliance at all timesLawslaws and regulations, respecting the legitimate rights and interests of workers. At the same time, for the company, it should also strengthen internal management, establish a sound employee communication mechanism, and promote effective communication between employees and management.
In non-compete agreements andEmployment contractsOn issues such as termination, it is necessary to weigh the needs of the enterprise for commercial confidentiality and the legitimate rights and interests of employees. Only on the basis of balancing the interests of both parties can a reasonable and legal one be achievedNon-Competeto protect the business secrets of the enterprise and protect the employment rights and interests of employees.
Overall, this incident reminds us to take the signing of contracts and agreements seriously in the company's employment relationship, especially when it comes to non-compete agreementsTrade SecretswithIntellectual Propertyof the Convention. At the same time, enterprises should also strengthen management and complianceLawsRegulations, focusing on communication and negotiation with employees to achieve a win-win situation and long-term development for both parties.