What should I do to persuade employees not to pay compensation and change jobs?

What should I do if I am persuaded by the company?

There are three results of persuasion: successful persuasion, voluntary resignation of employees, and no compensation for employers; If the negotiation is terminated, the employer needs to pay economic compensation; In case of labor dispute, it is judged that it is illegal to dissolve or resume labor relations or pay compensation. The result is determined by the process, depending on the employer's operation and the employee's reaction.

Common "persuasion" forms and dispute risks;

The employer's dismissal of employees is a low-cost and low-risk dismissal of employees. If the result is the same as the above case, it will not be worth the loss.

Oral or written notice to discourage:

Oral dismissal is widely used in practice, such as telephone dismissal, WeChat email dismissal and written notice dismissal. Oral and telephone evidence collection is not easy, and arbitration by recording is also controversial. Employees can continue to work regardless of it. If the personnel and leaders of the company send a written notice, WeChat email notice or no longer provide working conditions, employees will directly ask for resignation or apply for arbitration, and most of them will receive financial compensation.

Persuade by taking a long vacation:

Employers are overstaffed, but they can't meet the conditions for layoffs or don't want to pay economic compensation. By granting basic living allowance during the long vacation, the labor cost was reduced, and many workers had to find another job, which also achieved the effect of persuasion.

But this is actually a pay cut for employees, so it is also necessary to negotiate with workers to wait for work. The unit cannot unilaterally decide to give employees a long vacation, otherwise the workers can unilaterally reduce their wages, fail to provide working conditions or default on their wages, and demand compensation for the wage difference and economic compensation.

Persuade to quit by means of post adjustment, salary reduction and change of work place;

It is also a common way and a controversial risk to persuade employees to quit by frequently transferring posts, reducing salaries or changing work places.

The post, work content, work place and salary are the necessary clauses in the labor contract stipulated by law, and the employer shall not unilaterally adjust it, and the employee's consent is required to change the labor contract.

The employer unilaterally transfers the post or workplace, and the employees can ignore it, but they can't be absent from work or violate the system. Unilateral salary reduction by the unit may be judged as wage deduction.

What employers need to pay attention to is that "persuading" employees, no matter what kind of persuasion, must first standardize their own employment process. If there are situations such as unsigned labor contracts, unpaid social security, unpaid wages, etc., labor disputes will basically only produce compensation.

"Consultation" is the best way to deal with labor disputes and also the best way to avoid them.

What if the employee is persuaded by the company?

The company wants to dismiss an employee, but no agreement has been reached with the employee, and neither party has signed a termination agreement, so the employee no longer works in the company. After a dispute occurs, can the employer terminate the labor contract on the grounds of employee absenteeism and no longer pay any economic compensation?

There is indeed this possibility and the operability of the employer. If the employee can't prove that the absence from work is intentional by the employer, and the employer doesn't admit that the employee's absenteeism is his inspiration or acquiescence.

At this time, the laborer will be at a disadvantage, and the employer can dismiss the laborer in the name of absenteeism according to its internal rules and regulations. In this way, workers will not only get economic compensation for the termination of labor contracts, but will be accused of serious violations of rules and regulations.

1. If the company persuades you, you can disagree, but you must not leave your job voluntarily, and the company cannot verbally agree. You must have clear evidence (preferably written evidence, recording, SMS, etc.). ) you can consider choosing not to go to work.

According to the rules and regulations of many units, employees' continuous absenteeism for more than three days is regarded as a serious violation of the rules and regulations, and the employer has the right to terminate the labor contract without any economic compensation. So, don't ignore this problem, which will lead to this serious consequence. SS 16868586858 One-on-one Rights Protection Practice Guidance VX

2. If a dispute arises, we must find a good remedy to prove that the original absenteeism was not intentional absenteeism, but was instructed by the employer, and it can be supported by witnesses, preferably supplemented by other evidence. Audio recordings are usually relatively easy to obtain.

3. Furthermore, if you are dismissed by the unit on the grounds that absenteeism seriously violates the rules and regulations, it depends on the democratic procedures stipulated in the rules and regulations and whether there is publicity. If you haven't seen this regulation, you can question its legality and raise objections according to its dismissal decision.

When you are forced to leave the company, how to deal with it:

Prepare to apply for arbitration

Start collecting evidence or information that is beneficial to you.

First, pay attention to whether the company's layoffs are legal and compliant. To determine whether you can get compensation normally if you break your confession.

Second, study labor laws and regulations. Be prepared to safeguard and strive for personal interests.

Third, collect the location, telephone number and work flow of the local labor inspection department.

Fourth, learn lightning protection. SS 16868586858 One-on-one Practical Guidance on Rights Protection

1, try not to use the company computer, and replace it with your own notebook;

2. If the working hours have nothing to do with the website, be careful to be monitored by the company's background;

3. Don't be late, leave early or absent for no reason, give the company a reason to fire you;

4. Don't chat during working hours, pay attention to your words and deeds, and don't leave a handle.

Fifth, don't sign any documents casually, such as KPI tailored for you.

Sixth, download the historical emails of your work in the company, and download them with your own notebook. This is an important document. Do it quickly

Seventh, labor contract. Prepare the labor contract. If the company fails to pay in time after joining the company, please remember to ask for it No contract is an obstacle to prosecution and arbitration. Need to say that there are countermeasures or suggestions.

Eighth, the badge, attendance card and salary bank account are printed and backed up, and the bank account number needs to be stamped by the bank. These are all strong evidences.

Ninth, go to the social security bureau to print the social security payment list, and go to the provident fund center to print the payment list, which must be stamped.

Tenth, remember to photograph all the signed documents, such as attendance records.