As the saying goes, those who have money are willful, but more companies are also willful without spending money. Employees get married, have children, take sick leave, etc. as reasons for companies to dismiss employees. The simplest and most effective way to dismiss employees at zero cost is to persuade them to quit. How to persuade employees to dismiss in a clever way? It should depend on the situation.
1. The company is at fault, and the employees are not at fault and don’t care
In the above situation, the employees are not at fault, and the purpose of the company’s dismissal is to avoid the cost of childbearing years. Such dismissal For a decent HR, it is a very embarrassing and helpless thing (I stay away from such companies). Fortunately, the employees do not care about this. Fortunately for the company and HR, the employees do not care about this. For the company, Have an understanding attitude with HR, so this kind of persuasion does not require too many skills. The key to this kind of employee persuasion is to show your sincerity.
2. Employees have shortcomings but care about them
Now is an era of symmetric information, and many employees know as much about labor laws as HR does. This type of employees usually make minor mistakes, but they are not fatal. At the same time, they have a negative impact on the company's various salary benefits, overtime pay, etc. There are a lot of dissatisfactions. If you don't seriously come up with a satisfactory result, he will directly apply for arbitration, which makes you very passive.
Therefore, it is quite difficult to dissuade such employees. First, he understands labor laws and knows how to safeguard his own rights and deserved treatment; second, he stirs up trouble internally and spreads all kinds of small information, causing negative effects; third, such employees generally have extreme personalities, which can easily lead to communication barriers. . When discouraging this type of employee, HR should control the pace of the conversation so that all his reactions are within your expectations. Employees understand labor laws, and HR should be more professional and defeat him in his favorite way. At the same time, HR should prepare several plans before talking and use some psychological tactics appropriately so that it will not lose control due to unexpected sexual situations.
3. Dismissal caused by changes in objective circumstances
Many times employees are dismissed not just for cost considerations, but also often when objective circumstances change, such as corporate offices Major changes in address, changes in job positions, etc. may lead to dismissal. At this time, we need sufficient persuasion skills. HR can start from the employee's career plan. Staying in the company on time will not help personal development. At the same time, we need to think from the perspective of the employee and the company's senior management. achieve mutual understanding.
If it is a job change caused by dismissal, try to take the psychological feelings of the employees into consideration, and on the basis of making suggestions for dismissal, give appropriate humane policy care, which is very important for the smooth progress of the dismissal work. Helpful.
4. The employee is at fault, and the company has evidence
This is the easiest to deal with. The employee is at fault first, and the company has evidence. It can be said that this kind of persuasion is not needed because the evidence is sufficient. Very strong technique. The only difficulty is persuading employees to forego potential compensation. This comes back to the previous point, which is whether the employee’s character is careless. If the working experience is longer and the amount of compensation is larger, the key point is whether he is willing to leave voluntarily. If HR cannot achieve the persuasive effect, we will not consider job changes. , training, dismissal and other processes (otherwise it will be off topic).
For employees who place their hopes on compensation, the author will analyze the pros and cons from the perspective of a friend. The first is that the compensation is difficult to implement. The second is the personal opportunity cost. Instead of waiting for this compensation, it is better to start over. The third is to be harmonious. No matter whether you go or stay, no one wants to quarrel. In the future, background checks will be difficult. . When giving them a psychological blow, give them some sweeteners, such as preferential policies such as resigning if you intend to work.
How to fire employees who cannot operate shearing and bending techniques
If a worker is not qualified for his job, and after training or adjusting his job position, he is still unable to do his job, the employer can The employer shall notify the employee in writing 30 days in advance and terminate the labor relationship with the employee upon expiration. Of course, in this case, the employer needs to pay the employee economic compensation.
Or if the employee commits the acts specified in Article 39 of the Labor Contract Law, the employer may terminate the labor contract with the employee without paying financial compensation.
According to the "Labor Contract Law"
Article 39 stipulates that if an employee has any of the following circumstances, the employer may terminate the labor contract:
(1) Being proven not to meet the employment conditions during the probation period;
(2) Seriously violating the rules and regulations of the employer;
(3) Serious dereliction of duty, malpractice, and The employer causes major damage;
(4) Seriously violates the rules and regulations of the employer;
(5) Seriously neglects duty, commits malpractice for personal gain, and causes major damage to the employer;
The employer can also terminate the labor contract. Causing serious damage;
(4) The employee establishes labor relations with other employers at the same time, seriously affecting the completion of the unit's work tasks, or refuses to make corrections after the employer proposes;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26, Paragraph 1 of this Law;
(6) The employee is held criminally responsible in accordance with the law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
(1) The employee is sick or injured not due to work and cannot engage in the original job after the prescribed medical treatment period expires, nor can he engage in work arranged separately by the employer;
(2) The worker is sick or injured not due to work. p> (2) The employee is not qualified for the job, and after training or adjusting the job position, he is still not qualified for the job;
(3) The objective circumstances on which the labor contract was concluded have undergone major changes, resulting in the labor contract being It is impossible to perform, and the employer and the employee fail to reach an agreement on changing the contents of the labor contract after negotiation.
Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the employee:
(1) The employee shall comply with this Article Article 38 of the Law provides for the termination of the labor contract;
(2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of the Law, and negotiates with the employee to terminate the labor contract of. (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
Article 47 Economic compensation shall be based on the number of years the employee has worked in the unit, and one month's salary shall be paid for each full year. The workers are paid according to the standard. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.
If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the People’s Government of the municipality directly under the Central Government or the People’s Government of the city with districts where the employer is located, a financial payment shall be made to the employee. The standard of compensation is three times the average monthly salary of employees, and the maximum number of years for which economic compensation is paid to workers shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated. How to handle dismissal of employees
The method I have always used is to find opportunities to contact employees privately, persuade them to leave their jobs, and give them enough face. Although employees have not worked for a full month, they must be allowed to receive more wages within their capabilities. How to reasonably fire employees
Hello!
During pregnancy, the company cannot fire pregnant women. How to communicate effectively with laid-off employees? Main interview skills
1. Recognize employees for their good performance at work.
2. Compared with the current position, the employee's ability may not be competent.
3. The way employees communicate with customers and get along with colleagues is slightly lacking.
4. It is not appropriate to use harsh words to criticize, and employees must be respected.
Can an employee be fired if he conceals his physical condition?
The physical condition can be seen through a physical examination
After all, there is nothing wrong with the physical examination
Then it is not the employee's problem. If the employee is absent from work, he needs to be fired. How should the dismissal process be handled?
If an employee is absent from work and needs to be dismissed, how should the dismissal process be handled:
1. Determine the legal basis for dismissal
1. First determine the legal provisions suitable for dismissal of employees:
Article 39 of Chapter 4 of the "Labor Contract Law" If an employee has any of the following circumstances, the employer may terminate the labor contract:
< p> (1) Those who are proven not to meet the employment conditions during the probation period;(2) Serious violations of the employer’s rules and regulations;
(3) Serious dereliction of duty and personal gain Fraud, causing major damage to the employer;
(4) The employee establishes labor relations with other employers at the same time, seriously affecting the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes ;
(5) The labor contract is invalid due to the circumstances specified in Article 26, Paragraph 1, Item 1 of this Law;
(5) The labor contract is invalid due to Article 20 of this Law The circumstances specified in paragraph 1 of Article 6 render the labor contract invalid;
(6) The employer is held criminally responsible.
2. Check the company's internal rules and regulations:
The company's internal management system has provisions for employees' leave, absenteeism, etc. Generally, if the absence from work exceeds N days in a row and the cumulative absence reaches N days, Even if there is a serious violation of discipline, the company that seriously violates the discipline can terminate the labor contract;
The second is to notify the dismissal of relevant personnel and issue a notice of termination of the labor contract;
The third is to notify the dismissal of relevant personnel , and issued a notice of termination of the labor contract.
The third is to handle resignation procedures according to the resignation requirements, issue resignation certificates to workers, handle housing provident fund and other related procedures, and pay wages;
The fourth is to handle social insurance procedures for workers, And make notes in the personnel ledger. How to issue employee dismissal certificate?
The dismissal certificate must state the specific reasons, and the reasons must be beneficial to the unit, otherwise it will be easy for employees to take advantage of the situation.
How does Lawyer Bi Huabao from Vertical Legal Network apply for unemployment insurance
After an employee terminates the labor relationship with the employer against his will, he should go to the local social security center within 2 months to apply for #unemployment insurance benefits To obtain the certificate, the employee needs to have an unemployment registration certificate and proof of termination of the labor relationship with the unit. Prove that it is not my intention to leave my job.
According to the "Social Insurance Law"
Article 45: Unemployed persons who meet the following conditions shall receive unemployment insurance benefits from the unemployment insurance fund in accordance with regulations:
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(1) The person has paid unemployment insurance premiums with the employer for one year continuously before losing his job;
(2) The person’s employment was interrupted without his own will;
(3) Those who have registered as unemployed and have job requirements. (3) Those who have registered as unemployed and have job requirements.
Article 46 If the employer and the unemployed person have paid cumulative contributions for one year but less than five years before losing their job, the maximum period for receiving unemployment insurance benefits shall be twelve months; if the cumulative contributions have been paid for five years but less than ten For years, the maximum period for receiving unemployment insurance benefits is eighteen months; for those who have paid cumulative contributions for more than ten years, the maximum period for receiving unemployment insurance benefits is twenty-four months. If a person becomes unemployed again after being re-employed, the payment period will be recalculated, and the period for receiving unemployment insurance benefits will be combined with the period for unemployment insurance benefits that the original unemployed person should have received but has not received. The maximum period for receiving unemployment insurance benefits shall not exceed twenty-four months. . How to cleverly persuade an employee to resign
During the conversation, first praise her for her mute personality, which is more suitable for focused work. She does not wear heavy makeup, which can be said to advocate nature. After the conversation, try to ask her if she is unhappy with her job. If so, Yes, then it will be a matter of course and guide her to do a job that is more suitable for her.
If she also knows that she is not suitable, but does not work here, she will be unemployed. Let's consider it humanely. You can only be a bad person, and find a place where only two people are around!
That’s what I did. It’s not too difficult, just a little sad. Why do I always have to be the bad guy.