Some corporate dismissal workers move their brains

Original title: Confuse the concepts such as "Can't Substantial Work Training" and "Transformation Training" and "Performance Evaluation" and other concepts, and the situation of the labor contract illegally is frequent (topic)

Some corporate dismissal workers move their brains (theme)

Reading prompt

As a manager, an enterprise is a phenomenon that the phenomenon of dismissal is repeatedly occurred to dismiss the post, reduce wages and welfare, deceive or force employees to change their positions, reduce wages and welfare, and forced employees to change their positions. In order to protect the rights and interests of workers, the labor law stipulates the corresponding responsibilities and obligations of the enterprise. How should enterprises do employment management reasonably and legally?

A software service company in Dalian, Liaoning invited him to participate in the "Business Improvement Plan" for training on the grounds that his employee Zhao Jinyang was unable to do his work on the grounds that his employee Zhao Jinyang could not be competent. What is unexpected is that in July 2022, Zhao Jinyang applied for labor arbitration. The arbitral tribunal ruled that the "business improvement plan" was a work plan and goal, not training. The company needs to pay 84,000 yuan in compensation due to illegal termination.

The reporter learned that some enterprises are unknown to the "cannot be competent work training", and the proof of "employee training still cannot be competent after training" is unclear. "The concepts have caused enterprises to fail to fulfill their training obligations or procedures, and the condition of lift the labor contract illegally is frequent.

Few enterprises use "incompetent jobs" to fire employees

Lin has been established in the field of human resources for 10 years. In his experience, the company has not yet encountered the labor relationship because the employees are "unable to work". He is very clear that even if the employee's work efficiency and quality are not up to standard, there are even laziness, negative work attitude such as laziness, and negative work. It is difficult for enterprises to dismiss him without serious violations of rules and regulations. Can't be competent. "

The reporter randomly interviewed 23 human resources staff in Shenyang and Dalian, and received the same reply as Lin's establishment. Even if the employees "could not be competent", they would negotiate as much as possible to unanimously terminate the labor contract.

Enterprises must not only prove that employees are "unable to work", but also perform the "training" or "post -post" procedures. The complex process means a high risk.

Lin Jian said that in actual operation, it is difficult to determine that employees cannot be competent, and it is even more difficult to determine that after training, they still cannot be competent. "Can't complete it as required", is the low work ability that causes objectively unable to complete, or is it subjectively unwilling to complete? If it is subjective, after the training assessment is passed, returned to the original position and started to "touch the fish". If it cannot be completed objectively, does the task agreed in the labor contract exceed the general job responsibilities standard and whether the workload of the same position is overloaded? Is the employee recognized? Because there is no further clear legal basis, these "details" are in court in court. It is likely to be the basis for judgment of illegal lifting.

Training employees, obligations and processes are indispensable

The phenomenon proposed by Lin's establishment was confirmed by Zheng Hong, the judge of the Shenyang grassroots court. There were not many cases she tried, and most of the corporate losses were lost. The reasons for trials are mostly two categories. One is that the company does not perform the training (or post -post) obligation, and the other is that there is no strict performance of the training process.

According to the analysis of Zhao Jinyang's case as an example, the arbitral tribunal believes that the "business improvement plan" signed by Zhao Jinyang with Zhao Jinyang obviously belongs to the work plan and goals formulated by the enterprise, rather than the training of Zhao Jinyang's incompetent work. Essence Zhao Jinyang's score in the feedback form submitted by the company was less than 60 points. However, the company did not clearly stipulate that below 60 points is a performance that cannot be competent, and there is no signature confirmation information from Zhao Jinyang. Insufficient basis constitutes an illegal termination of labor contracts.

During the trial of the case, Zheng Hong discovered that in addition to confusing the concepts of "not being able to do work training" and "transformation training", some companies also confused the concepts of "not being competent work training" and "performance assessment" and "last elimination". The process and results of the performance assessment and the last elimination are used as a reason for the training of employees that cannot be competent.

Lin Fangjian has carefully studied how employees who "cannot be competent" to operate the labor relationship. Enterprises must first confirm that employees cannot be competent and collect corresponding evidence in accordance with relevant regulations or contracts; they notify employees in writing that they cannot be competent, and choose to adjust or train, and then notify the employees. If you choose training, the enterprise should determine a reasonable form of training and leave the training materials and training processes of the employee signed and confirmed, such as the training signing form, the signing of the training textbooks, etc.; Tracking training and learning effects and retaining relevant evidence; if you still fail to do positions after training, the enterprise will notify the union after notifying the trade union, issuing a notice of labor contracts and paying economic compensation.

This series of processes also need to clearly quantitatively quantify the "unable to work" status. "For employees who are unusual, the obligation and process of training are indispensable." Lin Fangfang said.

The law is given to the corporate dismissal and needs to be used in accordance with the law

In reality, as a manager, enterprises, for employees who want to dismiss and do not have serious disciplinary violations, have repeatedly occurred by changing their posts, reducing wages and welfare, deceiving or forcing employees to resign. "In order to protect the rights and interests of the employees of the disadvantaged, the labor law stipulates the corresponding responsibilities and obligations of the enterprise, and the enterprise should do well in accordance with the law." Said Meng Yuping, the legal expert of Liaoning Labor and Personnel Dispute Research Association. Performance assessment is a common method for internal management of the enterprise. Using this unilateral assessment result, employees cannot be competent. If they are not recognized by employees, they are prone to disputes. In order to improve the legal effect of performance assessment, she suggested that enterprises must ensure the legitimacy of the performance assessment system.

The specific method is to discuss through the staff congress or all employees, and then negotiate with the union or employee representatives. The enterprise's regulations on the compulsory distribution of the assessment level and the end of the assessment must be reasonable, and the publicity shall be publicized and the employees shall be signed by them. When setting the assessment indicators, let employees participate in, as much as possible or setting behavior standards. Inform the employees of the assessment indicators to retain the evidence of the employee to confirm the assessment indicators or the assessment goals; in the assessment process, the enterprise shall collect as much as possible as auxiliary materials that can be used as evidence, such as employees' performance reports, customer complaint letters, etc. After the results of the performance assessment are made, the enterprise shall sign the employee to sign and confirm through communication and other methods. If the employee refuses, the company must record on the spot and retain the corresponding evidence.

Zheng Hong said that from a judicial perspective, the entire perspective assessment law (the employee superior, colleagues, subordinates, himself, and customers evaluate the appraisal) are easily accepted by the judicial department. When implementing performance assessment, enterprises must clearly inform employees who assess their assessments, assessors' positions, score weights, and work correlation with employees. Enterprises should inform employees to enjoy the right to appeal, and if they fail to appeal within the prescribed period, they will be deemed to be recognized the results of the assessment.

Source: Workers' Daily-Zhonggong.com

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