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Delaying wages to force people to leave, and the layoffs of small Internet companies are a little too much!
2022-07-05 01:04:00 【Java geek Technology】
Today we won't talk about technology , Let's talk about development companies , A fan's readers one day ask a fan for advice about something , It's like this , Said that the company did not pay its own salary , Then let him leave by himself , And I want him to retreat , That is to say, if you want to lay off staff but don't pay compensation, you want him to leave , A fan was shocked to hear this . Today, ah fan will talk about this matter .
What happened
Small L In the second tier cities , It's a Java Development , At present, there are also years of work , Currently engaged in Java Development has also been 4 Years or so , I worked in Beijing before Java Development , Then for personal reasons , Thinking about getting married , So he resigned from Beijing and returned to the second tier city of his hometown , A provincial capital .
When I came back , Small L Looking at the market is also good , So I began to look for my first job after I went home , The job search is also smooth , Interview 6 A company , Take three offer, So he chose a relatively good salary , The current salary is 10K, So I started .
Before entering the position , Said to pay five insurances and one fund , As a result, when he went to communicate with the people in the company , result , The result that personnel gives is to let small L Completely unexpected , No five insurances and one fund will be paid during the probation period , Pay after becoming a regular , And the proportion of five insurances and one fund , According to the minimum standard , It's just less than 4K To pay .
Small L assume , Small place , A small company , Maybe it's the same when I go to a new company , therefore Small L You can only choose to swallow it .
A fan thinks this operation is a little too much , I lied to you about everything when I joined the company , After entry , There's nothing , Is the small company so excessive ?
The more excessive is still behind !
Because of the epidemic , Everybody knows , The impact on the real industry is relatively large , Everybody knows , Liantencent , Big companies like iqiyi are starting to lay off staff , Don't mention small companies , So small companies began to find ways to lay off staff .
The first step of layoffs
Find some young development talks , Because they are not old , So there are not so many ideas , So I began to find various reasons , For example, you are often late , If you have nothing to do, you often go to the corridor to smoke and touch fish , The boss often sees you in the stairwell , So I have a problem with you , You are often late , So the salary may have to change , So I want a young man's salary from 7000 drop to 6000, therefore , Successfully drove the boy away .
Or maybe I don't want to break up with the company , The young man asked for leave every day in the last few days to go out for an interview , The technical director of the company also approves leave , Never care , So in this year's 5 Month of the month , The young man resigned and left , And I didn't get any compensation .
But this method has found many people , Successfully forced three , There is a brother who has worked for five years , The salary is currently 12K, At that time, the head of the technical department contacted him and said that when the salary was reduced , Brother is more awesome , Recorded , And it explains the unilateral salary reduction , I don't agree with . result , The company recognizes , Let it go , But small companies succeed , Three people have been successfully arranged .
The second step of layoffs
Delay salary , In this year 10 Month of the month , Start defaulting on everyone's wages , Then communicate and say , If there is money , You can ask the finance department to advance !
Collect in advance What does that mean? , Advance is the salary of the next month in advance , Rather than advance your money last month , How can this operation look so mysterious , Yes , you 're right , It's really a mystery , Get your own salary by yourself , It's called advance .
In the cognition of ah fan , Don't you mean to get next month's salary in advance , I'll ask for my salary last month , Also called advance ?
And secondly , Everyone has a family , Some need to repay the mortgage , Some need to repay the car loan , All with this salary to repay the mortgage .
In the end , In this way , Run away again 2 A colleague , There was only 20 A small company with many people , There are still a dozen people left .
The deadliest is coming , The boss's plan is to force some people away first , And then pay the salary of those who have been determined to stay as usual , In this way, you can save money for starting a business , Let them leave , In addition, it will not let the company go bankrupt .
Although wishful thinking is very loud , But ah fan couldn't help saying . Isn't this illegal ?
How does the labor law stipulate
First of all, five insurances and one fund
according to 《 Social insurance law 》 Article 4. , Employers and individuals within the territory of the people's Republic of China shall pay social insurance premiums according to law , Have the right to check the payment records 、 Record of personal rights and interests , Require social insurance agencies to provide social insurance consulting and other related services .
Individuals enjoy social insurance benefits according to law , Have the right to supervise the payment made by the unit .
Article 84 , The employer does not handle social insurance registration , The social insurance administrative department shall order it to make corrections within a time limit ; Failing to correct within the time limit , The employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable , The person in charge and other persons directly responsible shall be fined not less than 500 yuan but not more than 3000 yuan .
The employer shall pay relevant fees for the laborer , But not necessarily . In other words, it is the obligation of the employer to pay relevant fees for employees , However, whether the worker is willing to give up for other reasons can be negotiated by both parties . Take social security for example , If you are an employee of the company , You can explain to the unit that you give up paying social security , But you can ask the unit to pay the social security fee to you .
Article 38 violation of the provisions of these regulations , The unit fails to pay or underpays the housing provident fund within the time limit , The housing provident fund management center shall order them to deposit within a time limit ; Failing to deposit within the time limit , May apply to the people's court for compulsory execution .
Then the second is salary arrears
exceed 30 Days constitute salary arrears .
Wages shall be paid to the laborer monthly in the form of currency , The wages of workers shall not be deducted or delayed without reason .
“ Monthly payment ” That is, the salary should be paid in the form of monthly salary , It also includes the monthly payment , Therefore, the employer should end in the natural month 30 Pay in days , exceed 30 Days constitute salary arrears .
According to the regulation , Pay at least once a month , It is illegal to pay wages this month in the third month , Such as 1 The monthly salary is 3 Monthly distribution is illegal , The illegal act occurred within two years , You can complain to the labor security department .
In case of resignation settlement , After the worker completes the work handover 15 Pay off wages with the enterprise within a day . The unit owes employees' wages , Generally, employees need to negotiate with the unit , Require the unit to pay wages on time , In case of disagreement, complaints and mediation can be made to the local Labor Inspection Brigade , If the mediation fails , Then employees can complain to the labor department or apply for labor arbitration claims . And can claim to terminate labor relations and require payment of wages and economic compensation .
in other words , you 9 Work in the month , stay 10 Any day of the month to you , There is no problem , But if more than 10 month , Then the labor relationship can be terminated , And apply for financial compensation , Direct labor arbitration .
Now readers are small L Still going through labor arbitration procedures , At present, it is said that it is still in the process of mediation , If the mediation is really unsuccessful , Then we can only go to court .
Ah fan wants to ask , Have you ever met such a company ?
Out of order ! Out of order !
Java There are many excellent partners in Geek technology wechat group discussing Technology , Occasionally, there are irregular information sharing and red envelope distribution ! If you want to improve yourself , And want to make progress with excellent people , Interested friends , You can reply in the background of the official account below : Add group .
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