Teach you how to deal with people who touch porcelain in the workplace

Teach you how to deal with people who touch porcelain in the workplace

Teach you how to deal with people who touch porcelain in the workplace. People with strong interpersonal skills are also easily accepted in the workplace. You can't generalize these problems in the workplace. You must master the discretion of making demands in the workplace and teach you how to deal with people who touch porcelain in the workplace and those things in the workplace.

Teach you how to deal with the porcelain-touching people in the workplace. At present, there is such a strange phenomenon in the workplace: deliberately not signing a labor contract and demanding double wages; Find an excuse to disappear and look back for trouble; Find someone to get paid and turn your head and deny it; Deliberately do not want social security, and the amount of claims afterwards is high.

"Touching porcelain" originally refers to some opportunistic and extortion behaviors, which are common in traffic accidents. Metaphor deliberately collided with a motor vehicle to defraud compensation. "Touching porcelain in the workplace" means that some job seekers deliberately take advantage of loopholes in enterprise management, or deliberately hide the truth, set traps, create illegal behaviors of employers, and then ask for profits.

1. "Touching porcelain" phenomenon 1: deliberately not signing the labor contract and demanding to pay twice the salary.

In September last year, a construction site in Beijing began plumbing construction. According to reports, Lao Zhao from Anhui came to the scene to work. When I went to work the next day, the foreman Li brought the labor contract for him to sign, but Lao Zhao didn't sign it: "Why should we sign it?" Don't bother. Li Shifu said: "The company requires everyone to sign." ""We agreed to 160 yuan for one day, and the monthly salary in the contract is 1900 yuan. After signing it, I agreed to such a low salary. Besides, I signed the contract. Are you insured? "Li Shifu was stopped, and few people have social security on the construction site. He pondered for a while: forget it if you don't sign it. Just took the labor contract and left.

Three months later, the plumbing project was completed and everyone checked out. At the beginning of this year, Mr. Li's company was sued by Lao Zhao to labor arbitration, demanding that the company pay twice the salary compensation for its unsigned written labor contract.

1, lawyer's suggestion: No matter how excellent it is, it is not necessary to sign a labor contract.

According to the lawyer, there are many short-term jobs on the construction site, especially plumbing, electrician, painting and other jobs, which last for several months and end in twenty or thirty days. For temporary employees, some companies don't sign labor contracts with them because of trouble, or when employees don't want to sign them, the unit acquiesces. However, this situation can easily lead to "touching porcelain in the workplace."

Article 82 of the Labor Contract Law stipulates that "if the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary." If an enterprise wants to avoid someone using this method to "touch porcelain", it must first standardize the terms of the contract. The terms of the contract should not be less, and no fake contracts should be made, so as not to leave an excuse for those who "touch porcelain" not to sign a labor contract.

Secondly, when a worker refuses to sign a labor contract, no matter what the reason is, the employer shall, according to Article 5 of the Regulations for the Implementation of the Labor Contract Law, "If a worker fails to sign a written labor contract with the employer within one month from the date of employment upon written notice from the employer, the employer shall notify the worker in writing to terminate the labor relationship" and dismiss him after paying the labor remuneration for the actual working hours, without paying economic compensation.

Employers should bear in mind that if they don't sign a labor contract, no matter how excellent the workers are and how badly they need talents, they may fall into the trap of "touching porcelain".

Second, the phenomenon of "touching porcelain" 2: Find an excuse to ask for living expenses after missing.

At the end of 201165438+10, a hotel hired Wu Ming as a chef. After a week's probation, the two sides signed a two-year labor contract. On 20 12 65438+ 10/0, Wu Ming asked the manager for leave: "My father in my hometown in Shandong is ill and hospitalized, so I have to go back and take care of him for a few days." Seeing each other's anxiety, the manager approved his seven-day holiday and let him get his salary in advance.

Half a month passed and Wu Ming didn't come back to work. The person in charge of the unit called his mobile phone. He said that his father was still ill and wanted to rest for a while. The manager told Wu Ming to come back to work within one month, otherwise he resigned voluntarily. A month later, he still didn't show up, and the hotel's on-the-job trade union announced that he was removed from the list.

At the beginning of this year, Wu Ming sued the hotel for labor arbitration. The manager was surprised: "he left his job a year ago and his salary has been fixed." There is no labor dispute with the hotel. " When I got back the case acceptance notice, it turned out that Wu Ming claimed that he was still a hotel employee, 20 1 1.65438, which made his family life difficult, and asked the hotel to pay him 20 1. 1.65444.

1. Lawyer's suggestion: dismissing employees should go through legal procedures.

The lawyer told the reporter that it is also a common phenomenon that one or two months after signing the labor contract, he left his job on the grounds of missing, and then applied for arbitration to pay the living expenses for waiting for the post a few months later. If employers want to put an end to this kind of "touching porcelain", they need to grasp two aspects: First, establish and improve rules and regulations according to law. For example, it is stipulated that employees' absenteeism for a few days is regarded as absenteeism, and the unit can terminate the labor contract for a few days without paying economic compensation. At the same time, this system should be passed by the workers' congress and publicized.

Second, the employer must perform legal procedures when dismissing employees who are absent from work, leave without saying goodbye and take extended leave. Notify me in writing to go back to the unit to go through the formalities of dissolving the labor contract; When I refuse or can't find an employee, the company can send it directly to me or my relatives by registered mail or express delivery; If it still cannot be delivered, the enterprise may publish an announcement in the news media, and it shall be deemed as delivered 30 days after the announcement is legally recognized. On this basis, the employer can unilaterally terminate the labor contract, and make a written notice, and then serve it to the laborer in the above manner.

In addition, in order to deal with the malicious lawsuit of "people who touch porcelain in the workplace", the employer should also pay attention to collecting and saving the evidence of employees' absenteeism and overdue return, as well as the registered letter, courier stub, media materials for issuing announcements, enterprise rules and regulations of the dismissed employees, which can help the employer win the lawsuit.

Third, the phenomenon of "touching porcelain" 3: find someone to pay wages on behalf of the company and refuse to accept the account and ask for a replacement after leaving the company.

In July last year, a property company recruited Ali as the duty officer. After the two parties signed the labor contract, the company sent him to work in the subordinate project department.

The property management company pays wages in cash on June 5438+05 every month. Ali works far from the company and always asks the business director to help him collect it. At the end of 2012165438+10, the business director resigned and returned to his hometown. Soon, Ali made two mistakes in her work and almost caused an accident. The property management company issued two disciplinary notices, but he refused to sign them. 65438+February 65438+May, the company informed him to terminate the labor contract and settle the salary in finance. On the same day, Ali left the unit without receiving his salary. Since then, the company has repeatedly notified him by phone or courier to receive his salary and go through the formalities of canceling the labor contract, but he has never come.

Half a year later, the property company received a notice of acceptance of labor arbitration cases. It turned out that Ali had applied for labor arbitration, claiming that during the period from July 20 12 to June 512 of the same year, the unit had not paid her salary, and asked the unit to pay her 35,000 yuan in arrears and 25% of the economic compensation.

Wages have been paid on a monthly basis, and the property management company feels aggrieved, because there is no Ali's signature on the salary payment form, but he has to entrust a lawyer to respond to the lawsuit.

1. Lawyer's suggestion: Pay the salary by bank transfer.

According to the lawyer, writing articles on salary slips is a phenomenon of "touching porcelain in the workplace" that only appeared in the past year or two, mainly in employers who pay their wages in cash.

There are two main forms of salary payment: cash payment and bank transfer. The "Labor Law" stipulates that "wages should be paid to the workers themselves on a monthly basis in the form of money. Shall not deduct or default on the wages of workers without reason "; "Labor Contract Law" stipulates that "the employing unit shall pay laborers' labor remuneration in full and on time in accordance with the labor contract and state regulations". It can be seen that China's laws only stipulate that wages must be paid in full monthly in the form of money, and there is no requirement to directly find the money or transfer it to the bank. Therefore, it is the right of enterprises to pay wages in what form.

When paying wages in cash, the unit shall issue a payroll that records the amount of wages and the time of payment. Employees should sign the money on the spot and keep it for more than two years. At the same time, employees should be paid a payroll.

Although the law stipulates that wages should be paid to the workers themselves, it is inevitable that wages will be paid by others in reality. Therefore, if enterprises want to avoid "touching porcelain", it is best to pay wages through banks without the signature of employees. Bank records can be used as evidence to pay wages and are recognized by the arbitration commission and the court.

Fourth, the phenomenon of "touching porcelain" 4: deliberately do not compensate after the social security fee.

Kang Bei Trading Company is a private enterprise dealing in food. Last June, it recruited a 49-year-old grandson as a delivery worker. After signing the labor contract, the company informed my grandson to hand in his ID card to handle the insurance formalities for him. He didn't: "What insurance does a farmer from other places need?" Maybe one day I will go home and farm. Not only does the company have to pay insurance, but it has to be deducted from my account. Might as well not. Just give some money. "

The company calculated that it would cost me at least several hundred yuan to pay five kinds of social insurance for my old grandson every month, so it would be better to give him more salary in 200 yuan, and both sides hit it off and were happy. Before the Spring Festival this year, Lao Sun resigned and returned to his hometown.

Last month, Lao Sun entrusted his relatives to find a trading company, saying that the unit did not pay social insurance to Lao Sun, which affected his future retirement. He asked the company to either pay back the money in Beijing, or pay 2000 yuan in cash as compensation, or report it to the labor inspection. If you don't pay, you have to pay. After consulting, the company learned that it is impossible to pay the social security fee of 2000 yuan, but if I pay compensation and worry that my grandson will come to trouble again, the unit doesn't know what to do.

1. Lawyer's suggestion: pay social security fees in full and on time.

According to the lawyer, the Social Insurance Law stipulates that "employers and individuals in People's Republic of China (PRC) should pay social insurance premiums according to law", that is, both units and employees have the legal obligation to pay social insurance premiums, and employers should not only pay the full amount for employees, but also withhold and remit part of the fees that employees should pay. It is illegal to pay employees in cash instead of social insurance. Kang Bei trading company didn't pay social insurance for my old grandson in order to covet profits, so it encountered a "professional encounter".

With the continuous improvement of the wage level, the social security payment standard is also gradually improving. If employers want to stay away from "touching porcelain", they must pay their workers' wages in full according to law. At the same time, the law stipulates that social insurance adheres to the principle of territorial management, that is, the employer must apply to the local social insurance agency for registration. When you meet a foreign registered employee like Lao Sun, no matter how the other party requests, the enterprise must insist on insuring him at the place where the unit is located, otherwise once the employee goes back on his word, the employer will not only pay back the money, but also pay economic compensation.

Teach you how to deal with people who touch porcelain in the workplace II. Guangdong Higher People's Court recently released ten typical cases of labor disputes. These cases involve labor remuneration, annual leave and economic compensation, covering traditional labor disputes, new employment disputes and the protection of workers' legitimate rights and interests in the process of epidemic prevention and control. The most striking thing is that Kang's case of "professional touching porcelain" v. a furniture factory was selected as one of the top ten typical cases of labor disputes.

According to the facts ascertained by the court, after Kang joined a furniture factory on September 3, 2008+2065438, he filed a lawsuit on the grounds of being illegally dismissed from labor relations, demanding that the furniture factory pay compensation of nearly 6,543,804 yuan. Previously, since 20 13, Kang has participated in nearly 30 lawsuits in Ganzhou, Putian, Shenzhen, Guangzhou, Dongguan, Huizhou, Zhongshan and Jiangmen. 20 18 filed a lawsuit in Zhongshan labor arbitration institution and court 10. After Kang "touched porcelain", he sought illegal interests by filing a lawsuit, which not only seriously damaged the interests of the enterprises he worked for, but also hindered the civil litigation. The court rejected his claim in accordance with the law and fined him 50,000 yuan, which demonstrated the "zero tolerance" of the judiciary for "touching porcelain in the workplace" and deserved full recognition.

First, the so-called "touching porcelain in the workplace"

1 refers to a series of dishonest behaviors such as deliberately not signing a labor contract and forging personal signatures. The purpose is to obtain double wages and economic compensation by applying to the arbitration department for arbitration or bringing a lawsuit in court. In this case, Kang deliberately brought a lawsuit to the court for illegal interests, which is a typical "workplace encounter". He has crossed the legal bottom line and was punished by the court according to law, which is also legal.

2. Some people who get something for nothing are keen on "touching porcelain in the workplace", the purpose is nothing more than "profit", and the law is more inclined to protect the rights and interests of workers, so that this dishonest profit-seeking behavior can take advantage of it. According to the Labor Contract Law, employers have to pay twice the salary if they don't sign a contract, which undoubtedly makes some people see the space of illegal profit-seeking. In order to protect the rights and interests of workers and reduce the cost of safeguarding their rights, the labor arbitration fee has been cancelled at present; Even if the "porcelain-touching person" files a lawsuit, the court will only collect the legal fees ranging from 5 yuan or 10 yuan symbolically, and the illegal cost is almost negligible. In addition, when dealing with such disputes, the arbitration and judicial departments often give more inclined protection to workers in order to divide the disputes, which virtually induces dishonest people to follow suit, so that "touching porcelain in the workplace" has formed a complete gray interest chain.

Second, "touching porcelain in the workplace" has a great influence.

1, which not only affects the survival and development of enterprises and disrupts harmonious labor relations, but also easily leads to the waste of labor arbitration and judicial resources and damages the business environment. As the last barrier of social fairness and justice, justice should be cracked down according to law. On the one hand, the judicial organs should earnestly strengthen the evidence review of such labor disputes, discard false evidence from the obviously unreasonable evidence of the so-called "porcelain-touching people", and on the basis of finding out the facts, decisively show the sword of punishment to their illegal acts of illegally profiting according to law.

2. On the other hand, in view of the fact that the lawsuit filed by "porcelain-touching people" has violated the principle of good faith litigation. In fact, it hinders civil litigation, and the judicial organs should punish it according to law, such as admonition, fine, and disciplinary action for breach of trust, so that in the face of losing the case and other severe penalties that follow, it will not outweigh the benefits. This is conducive to regulating the abuse of rights, equally protecting the legitimate rights and interests of both parties in labor relations, and ensuring the integrity of the labor market.

3. Of course, the frequent occurrence of "touching porcelain in the workplace" is objectively closely related to the management loopholes caused by irregular employment in enterprises. Therefore, while punishing "touching porcelain in the workplace" according to law, it is also necessary to punish enterprises for deliberately "scratching the ball" in the implementation of the labor contract law, forcing enterprises to standardize employment. In this way, the "touch porcelain man" can really take advantage of it.