Asking about salary in the general group of the company and questioning the performance appraisal.
The man terminated the labor contract.
Tang Moumou told the Red Star journalist that he officially joined the Hyperuniverse Division of a technology company in Chengdu in February this year. It is clearly stated in the labor contract that the salary will be paid in June 10, but the salary of June110, which should have been paid in June10, has not been received by June16.
165438+1October16 in the afternoon, Tang sent a message in the general group of the company asking when the salary will be paid, complaining that "the salary will be paid after every month 15". If I remember correctly, the contract was signed by 10, right? Your credit card has expired. "
Tang Moumou said that in addition to the late salary, because he was working on a project before, his immediate leader told him that if the project was completed within the specified time, he would be given a salary increase. However, the project has been completed on time, and Tang found that not only did he not get a salary increase, but his performance appraisal was marked with "C" and "600 yuan was deducted". Dissatisfied Tang complained in the group chat that "the score of 10 actually got C. What broke the rule that every department must have C."
Men will consult the company about salary and performance.
The Red Star journalist saw through the chat records in the group chat that after Tang's remarks were made, a management team leader responded: "The salary issue is mainly a human resource issue. I apologize to you and other colleagues and will deal with it seriously. If you have doubts about your performance level, you can communicate with your superiors and make representations to the Human Resources Department at any time. " Later, the deputy general manager of the company's human resources department also said in the group: "If you have any questions about performance, please call me at any time."
Later, in the group, Tang asked them to finish the work under tight time and heavy tasks. Why do two out of three people get "C" and so on? There was no reply in the group, and many colleagues sent messages showing withdrawal. After more than an hour, it was removed from the group chat by Li Congqun, deputy general manager of the company's human resources department. At 10 that night, a colleague told Tang that the group sent a notice saying that the company had terminated the labor contract with Tang.
The company informed Don that he was fired.
Tang Moumou said that the company did not communicate with him before issuing this notice.
The Red Star journalist saw in the briefing that "Tang Moumou made excessive remarks in the WeChat group of all employees of the company due to performance level and salary problems, which seriously interfered with the normal working order of the company and caused extremely serious negative impact. According to the relevant rewards and punishments in the Employee Handbook, Tang was given the punishment of "dissolving the labor contract". According to the circular, two managers of the company were punished by informed criticism for "dereliction of duty in team management and poor communication in this incident".
Company response: excessive speech, in violation of company regulations.
"He can protect his rights and interests through legal channels."
Regarding the contents mentioned in the briefing, Tang said that he didn't want to say this in the group, "but there is no way." Because of the salary increase, he asked the direct leader many times, and the leader said, "This is a company problem, and he doesn't know."
Regarding whether his remarks are too radical, Tang Moumou said that it is a normal expression of demands. It is illegal for the company to unilaterally terminate the labor contract without informing him. He asked the company to pay relevant compensation in accordance with relevant regulations.
Tang Moumou also said that on the evening of June 1 16 and the morning of June 17, Li, deputy general manager of the human resources department, talked to him about his resignation. This process was recorded by Tang Moumou.
The Red Star journalist learned through the recording that when communicating with Tang Moumou, Li said that because Tang Moumou violated the company's regulations and had a great impact, the company decided to terminate the labor contract with him. Tang Moumou said that he just asked questions normally in the company group, and there was no problem. What system did he violate? Li said, "You violated the employee handbook first." Li said in the recording that he didn't know which employee handbook was violated.
18, Tang received the notice of dissolution of the labor contract from the company. The reason for the termination of the contract was "violation of the company system", and he was required to go through the resignation procedures, without mentioning the issue of compensation.
10 18 On the afternoon, Red Star journalists contacted Li. Regarding this matter, Li said that Tang's statement in dealing with this issue was incorrect, "the original work performance was not very good", and there were also radical remarks in the company's big groups. The communication attitude of the company was also poor the next day. "It is impossible to make trouble in the company and say that you want to fire me." Li commented, "I think this kind of employee is very annoying everywhere." Li also talked about a detail. When they communicated, Tang Moumou "recorded whatever he wanted and couldn't communicate at all". Now he can only deal with it according to the normal process and requirements of the company.
Tang's performance was finally marked as "C" for the company's promised salary increase. Li said that the performance would not affect the salary increase, but Tang misunderstood himself. "As long as you work hard and have a good performance, you will definitely get a raise, and the leadership's commitment is no problem."
When the reporter asked Li "which regulation of the company was violated by Tang Moumou", Li did not directly answer, only said "there is nothing to say about this matter". Regarding whether compensation will be made, Li said, "He can protect his rights and interests through legal channels, and all the compensation will be available by then."
For Tang's work, the reporter asked a colleague who did not want to be named. Colleagues commented that Tang's work was no problem, and "they all finished their jobs." But usually in life, it is "more radical". What is the specific performance? He said that Tang Moumou has left his post at present, and the whole company knows about his departure, so we can't say too much.
The lawyer said:
If the dismissal is "in violation of company regulations", it must be clearly stipulated, otherwise it will be invalid.
Can the company unilaterally terminate the labor contract with employees on the grounds of "violating company regulations" because employees make excessive remarks in the group?
Lawyer Zhu Jieping, a special researcher of China Policy Science Research Association and the founding partner of Taikun Lawyer, said that according to the Labor Contract Law, if a worker has one of the following circumstances, the employer may terminate the labor contract: the worker is proved to be unqualified during the probation period; Serious violation of the rules and regulations of the employing unit, serious dereliction of duty and graft, causing great damage to the employing unit; The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being put forward by the employer; Being investigated for criminal responsibility according to law or the labor contract is invalid.
As far as this incident is concerned, if the company wants to terminate the labor contract with Tang Moumou on the grounds of "serious violation of the rules and regulations of the employer", then "serious violation" must be clearly stipulated in the company's rules and regulations, and the rules and regulations are legal and effective, otherwise it will be invalid.
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If the company meets the conditions for dissolving the labor contract, it is not obliged to pay compensation. The company has no right to unilaterally dissolve or terminate the labor contract, and the employer shall continue to perform it if the employee requests it. If the employee does not request to continue the performance or the contract cannot be continued, the employer shall pay the employee twice the average monthly salary for each year of work according to the employee's working years.
Qiu Wenfeng, a lawyer of Sichuan Henghexin Law Firm, said that the company should pay wages on time, and should bear corresponding legal responsibilities for arrears of wages. In this incident, the company published information about the dissolution of Tang's labor contract in the group, which contained words that were not confirmed by Tang, and even took the dissolution of his labor contract as a punishment, which was suspected of infringing Tang's reputation right. The reason for the employee's resignation is personal. The company can only release the news of one employee's resignation in order to communicate and unite at work. Without permission, the reasons for employees' resignation shall not be announced.
In addition, in this incident, if the communication with the company is fruitless, Tang Moumou can refer to labor dispute arbitration according to the Labor Contract Law, Labor Law and Labor Dispute Arbitration and Mediation Law, and defend his rights according to law.
Lawyers also suggest that there are many channels for upward communication, and it is suggested that people in the workplace choose the appropriate communication method when encountering contradictions.
Red Star journalist Zhang Ling
Editor Yu Mange