First, the company doesn't know the law. Many companies fail to comply with the relevant provisions of the labor law when dismissing employees, or fail to compensate employees according to the provisions of the labor law, or are forcibly dismissed, without job adjustment and training, which will cause employees' dissatisfaction and file labor arbitration for compensation.
Second, employees work in the company and endure many abnormal treatments, including overtime without overtime pay, overtime without triple pay on holidays, overtime without double pay on rest days and so on. In order to continue to work in the company, employees have always endured humiliation, but the company finally found a reason to dismiss employees, and then conflicts broke out. When employees leave their jobs, they apply for labor arbitration, which will bring all dissatisfaction with the company and all illegal acts of the company to the arbitration court.
Third, both employees and the company are responsible. In the case of imperfect system, unclear regulations and unclear responsibilities, sometimes companies and employees will have disputes over the ownership of patent property rights, the issuance and quantity of bonuses and welfare benefits. The two sides can't negotiate an agreement calmly. Employees think that the company is heartless, and the company adopts a tough attitude to deal with disputes, which has caused hidden dangers and will eventually erupt when employees leave.
In short, it takes two hands to make a sound, and both the company and the employees may be responsible. But usually, the company is a strong party and has greater responsibility. As a weak party, Yin Gang is protected by law. Although individual employees may maliciously blackmail the company, in general, in most cases, it is still a dispute caused by the company's weak legal awareness and imperfect system.
Why are there still so many companies that violate labor laws? It can only be said that in recent years, with the popularization of the labor contract law, employees have become more and more aware of safeguarding their legitimate labor rights and interests. Unlike previous employees, companies can fool around casually!
More and more resigned employees apply for labor arbitration, which represents so many companies. After so many years, there is still no improvement!
1. Why do the resigned employees go to labor arbitration?
Nothing more than these reasons, all of which are the company's reasons: the company failed to pay or paid social security in full, deducted wages without authorization, refused to pay resignation wages, forced post adjustment and salary reduction, illegal dismissal and so on. It can be said that it is basically caused by the company, and it is impossible for the responsible employees to have the leisure time to go to labor arbitration!
Even if some employees are so-called "labor touch porcelain", it is based on the premise that the company violates the labor law. Otherwise, what reason can employees go to labor arbitration?
Second, now the company is not so good at fooling employees!
In the past, including now, I often hear companies fool employees like this:
1, the company would rather spend 1 10,000 on a lawsuit than pay you 3000 yuan. If it takes you a year or so, you may not win the lawsuit, and the company will drag you to death!
2, the company has a relationship, the company spends money, the company is afraid of you? It's no use applying for labor arbitration. Try it if you don't believe me!
If you apply for labor arbitration, it will have an impact on your personal reputation, and you will have trouble finding a job in the future!
Indeed, in the past, many employees did not know or understand the "Labor Contract Law" and other relevant laws and regulations, and at the same time, the efforts to popularize the law were indeed insufficient. Coupled with the fact that employees support their families, many employees have no concept of labor rights and interests at all, and they will not entangle this. If you were scared by the company's bluff, you wouldn't go to labor arbitration.
Moreover, many companies will adopt various routines to fool employees, deceive employees and routine employees when targeting employees. Employees have suffered a lot.
But it's different now. In the Internet age, employees understand relevant laws and regulations, and with the popularity of relevant departments, it is not so easy for companies to fool employees again. Even if the company says anything, employees won't believe it at all!
Third, employees don't trust the company and can only trust labor arbitration!
To put it bluntly, in many companies, the purpose of employees' work is to get a company, and they basically have no trust in the company. And some of the company's practices make employees untrustworthy. After all, employees have suffered too much from the company.
At this time, labor arbitration is more powerful and the only institution that employees can trust. In any case, employees will try through labor arbitration!
Generally speaking, this situation is caused by the company itself, and various routines make employees lose trust, so once they leave their jobs, they will apply for labor arbitration if their labor rights are damaged! This is also normal!
I'm a senior HR listener. Let me answer your questions.
Labor arbitration is a third-party official organization independent of workers and employers, and it is the only organization that handles all labor disputes. Labor arbitration is a subsidiary of the Human Resources and Social Security Bureau, and there is a labor dispute arbitration committee to arbitrate and award the labor disputes applied by the parties. Necessary procedures for bringing labor disputes to court. When applying for labor arbitration, it should be noted that the limitation of labor arbitration is to apply within one year from the date when labor rights and interests are discovered or should be discovered, and labor arbitration beyond the limitation will not be accepted.
The content of labor arbitration is labor-related disputes, such as dismissal compensation, overtime pay, salary payment, employee social security, employee safety and health, etc.
From the perspective of workers, those who are willing to go to labor arbitration are objective and fair. Government departments vigorously publicize the labor law and enhance the legal awareness of workers. At present, the telephone number of social departments all over the country is 12333. If there is a labor dispute on weekdays, you can call for advice. With the development of science and technology and the vigorous publicity of the media, many workers can easily search the relevant provisions of the Labor Contract Law for research and protect their legitimate rights and interests.
The cost of labor arbitration is relatively low. There is no charge for workers to apply for labor arbitration, and there are special personnel in the human and social departments to guide workers to safeguard their personal rights and interests, and there are public lawyers. Laborers apply according to the requirements of arbitration and appear in court for mediation or adjudication.
Workers can safeguard their vested interests by applying for labor arbitration. Workers provide evidence and materials that employers infringe upon their own rights and interests, and the arbitration institution, as a third party, examines and cross-examines the applications submitted by workers, examines the materials provided by employers, and makes adjustments or rulings on both parties. Can protect the rights and interests of workers from the legal level. If the employer refuses to pay, it may apply to the court for an acceptance or payment order.
From the perspective of employers, labor arbitration can provide payment standards. Employers can't reach an agreement with employees in dealing with employee problems, and the work is uncertain or there will be risks after handling. It is hoped that the third party will intervene, provide the company's evidence materials and implement them according to the arbitration adjustment or ruling, which can reduce the excessive demands of employees.
You are lucky that the illegal cost is not high. Many companies are indifferent to the dispute resolution of employees, because even if employees appeal for arbitration, the fees paid are still in accordance with the law. Moreover, some employees are unwilling to apply for labor arbitration because they have no time or other reasons, and the unit saves costs, which makes them feel lucky. For example, the compensation for dismissing employees is N+ 1. In order to save costs, the company will negotiate with employees to terminate, for example, employees agree to sign an agreement between the two parties to complete this matter. If the employee disagrees and the company doesn't want to pay compensation, then the employee applies for arbitration, that is, N+ 1, and there is no overpayment cost.
Conclusion: More and more resigned employees apply for labor arbitration, which shows that workers have a strong awareness of rights protection and that it is normal for workers' rights and interests to be violated. Employers are not afraid of labor arbitration, because they are a strong party in the process of employing people, and they can formulate their own systems for employees to abide by, and the illegal cost is not high. Therefore, it is a phased phenomenon that labor arbitration is overcrowded every day. With the improvement of the legal system, there will inevitably be laws and regulations more suitable for workers and employers to reduce labor disputes between workers and employers.
If you have any manpower problems, you can leave me a message. I will answer them when I have time.
First, employees understand the law and have a growing awareness of rights protection.
Second, some companies still have luck and illegal behavior.
Three, the state has greatly reduced the labor arbitration fee, and some areas do not charge.
More and more workers choose labor arbitration, which at least shows that
1, the epidemic has a great impact on the economy. This year's sudden outbreak has had a great impact on enterprises, especially small and micro enterprises, resulting in an increase in employees who left their jobs actively or passively this year.
At the same time, enterprises are affected by the epidemic, and their operations are greatly affected. They have no financial support to continue their operations and are unable to pay wages or economic compensation. There are also wage arrears, layoffs, etc., which leads to an increase in labor-capital conflicts.
2. Employees' legal awareness has been enhanced. First, the country has been improving the process of governing the country according to law in recent years, and the publicity of laws such as labor law is much greater than before. The legal awareness of the whole society has improved a lot.
Second, since 2008, the state has abolished the fees for labor arbitration, lowering the threshold for bringing labor arbitration.
Third, at present, the cultural level and quality of employees have been greatly improved than before, and they know how to take up the law outside the time limit to safeguard their legitimate rights and interests.
More and more resigned employees apply for labor arbitration, which shows that workers have stronger legal awareness and labor arbitration is more convenient; However, we still have to see that there are still many problems between workers and employers.
1. Laborers' legal awareness is stronger than before, and they know how to protect their rights and interests with legal weapons. Driven by government departments, the popularity of mobile Internet has brought about an increase in information sources, and people can easily find a large number of information, knowledge and cases about labor and personnel through the Internet.
Through the understanding of labor and personnel-related information and legal knowledge, today's workers know more about the law than before and know how to protect their rights and interests with legal weapons.
As the preferred legal weapon to solve labor and personnel disputes, labor arbitration is increasingly recognized by workers.
Second, labor arbitration is more convenient than before, and employees' trust in labor arbitration is improving. If there was a labor dispute before, it was called "no complaints". Now there are not only doors, but also low thresholds. As long as workers want to safeguard their legitimate rights and interests, they can easily enter the door and get corresponding help.
The labor department has also thought of many ways to provide more convenient arbitration services for workers.
The first is the change of role, from "manager" to "server", and the change of thought;
Secondly, in the service process, we should also simplify the process as much as possible, improve efficiency and let workers run less;
Finally, with the help of information technology, such as providing appointment service through WeChat official account and applet, it is also convenient to inquire about the progress of labor arbitration procedures and improve the better service experience.
Because the convenience of labor arbitration has been enhanced, the recognition and trust of workers in the labor arbitration department has been further strengthened. When labor and personnel disputes arise, they are more willing to seek labor arbitration and help.
Third, there are still many problems between workers and employers. It is precisely because of labor and personnel disputes between workers and employers that they will go to the labor department to apply for arbitration.
This also reveals that there are still many problems in labor and personnel between workers and employers.
For some universal problems, give examples:
1. No labor contract was signed.
2. Invalid labor contract or invalid labor contract terms.
3. The signed labor contract does not comply with relevant laws or has obvious unfair clauses (overlord clauses).
There are ambiguous clauses in the labor contract.
5. The employer is too strong.
6. Either party fails to perform its obligations in accordance with the labor contract.
In order to reduce labor and personnel disputes, it is necessary for workers and employers to formulate and sign effective labor contracts within the scope of law and jointly perform them.
Instead of arbitration of labor and personnel disputes afterwards, it is better to write clearly in black and white beforehand, and both parties sign legally binding documents.
Conclusion It is gratifying that more and more workers choose labor arbitration to solve labor and personnel disputes. The legal consciousness of representing workers is increasing, and labor arbitration is increasingly recognized.
However, we should also rationally see that there are still many problems between workers and employers.
Both parties need to formulate and sign labor contracts under the same legal framework, earnestly fulfill their obligations and achieve a harmonious and win-win situation.
The emergence of more such phenomena proves that many people already know how to use laws and regulations to safeguard their rights and interests.
Recently, a friend of mine was laid off because of the epidemic. He is a sales position, just on probation for half a year. He was hired by a foreign company in June last year. In May this year, the company originally dismissed him on the grounds that he failed the probation period. However, according to the provisions of the Labor Law, if there is an irresistible disaster during the probation period, the probation assessment can only be suspended during this period in COVID-19. After the epidemic, after the full opening up, the probation examination began again, and friends asked the company to re-examine or make compensation. If negotiation fails, he applies for labor arbitration. Finally, the company made compensation and compensated n+ 1 two months' salary.
Through this case of my friend, we need to know more about the labor law and use it to protect our rights and interests. I believe that many people were laid off during the epidemic, so there were more labor arbitrations.
Employees working in the company have always endured many abnormal treatments, including overtime without overtime pay, overtime without triple pay on holidays, overtime without double pay on rest days and so on. In order to continue working in the company, employees have been patient, but the company finally found reasons to dismiss employees, and then the contradiction broke out. When employees leave their jobs, they apply for labor arbitration, which will bring all dissatisfaction with the company and all illegal acts of the company to the arbitration court. Both employees and the company are responsible. In the case of imperfect system, unclear regulations and unclear responsibilities, sometimes companies and employees will have disputes over the ownership of patent property rights, the issuance and quantity of bonuses and welfare benefits. The two sides can't negotiate an agreement calmly. Employees think that the company is heartless, and the company adopts a tough attitude to deal with disputes, which has caused hidden dangers and will eventually erupt when employees leave.
It is normal for employees to leave their jobs. Enterprises have a normal plan for personnel flow, and employees have the freedom to choose to leave. In the modern workplace environment, why are there still many resigned employees applying for labor arbitration? In short, enterprises have legal advisers and employees also have awareness of rights protection.
Case 1. Xiaomi is a cashier at the front desk of Yijia Company. Because of better development, he chose to resign and submitted his resignation letter one month in advance according to company regulations.
Because when Xiaomi first entered the company, there was no legal concept. All cashiers recruited by this company have to pay a deposit of 2000 yuan, but it is not in line with the labor law to collect the deposit under any circumstances.
Xiaomi went through the resignation formalities, and his salary was sent to Cary, but he did not receive the notice of the company's refund of the deposit. He asked the company several times, but the financial department refused. So after more than three months, Xiaomi applied for labor arbitration at the suggestion of a friend.
Fortunately, Xiaomi's deposit procedures are all there, and soon the arbitration result was obtained, and Xiaomi got his deposit back.
Case 2. Xiaoxi is the director of a chain store. After working for a year, she found herself pregnant.
Originally, she discussed with her husband that she would struggle for several years before having children, but suddenly she became pregnant, and the couple still felt that they should give birth to the child.
But I was pregnant, and some jobs were inconvenient, so Xiaoxi applied to the store manager for post adjustment. I didn't want to, but the store manager's feedback from the company decided not to adjust the post, which did not meet the conditions for post adjustment.
Xiaoxi thinks pregnancy is a big deal, and she has to take care of the children. In the case of seeking no results from the store manager, she directly applied to the company's personnel department for post transfer.
But it never occurred to me that the personnel department of the company still disagreed, saying that because of Xiaoxi's position, there is no one to replace him now and he cannot be transferred. Xiaoxi can only be transferred if qualified personnel come up.
A few months later, the stream's belly became bigger and bigger, which obviously affected the work. Xiaoxi once again proposed to transfer posts, but the company still refused.
Xiaoxi was angry, but had a big fight with the company's personnel department. Finally, the personnel department of the company gave two opinions, either continue to work or resign.
The restless stream began to slack off and left the work in the store, affecting others.
So according to the rules and regulations of the store and the company, I began to deduct Xiaoxi's salary bonus. Xiaoxi had no choice but to rest at home and did not leave the company.
Later, Xiaoxi couldn't stand this tone, consulted a lawyer, and then applied for labor arbitration. Finally, Xiaoxi got 20,000 yuan in compensation.
The above is a simple case of two employees applying for labor arbitration. I hope it will enlighten you and make rational use of labor arbitration, but don't be too demanding. After all, what the workplace needs is reasonable demands, not thorns. The road of life is long and needs the support of faith. Don't indulge in litigation and arbitration. It is the last choice that is laborious and laborious. Hard work and dedication are the fundamental choices for winners in the workplace.