The 38-year-old P7 employee who was fired by JD.com won three lawsuits, but was reinstated to no avail but was dismissed by JD.com

A 38-year-old p7 employee of JD.com became a hot search topic.

The reason is that this employee sued JD.com for dismissal without reason, and all three appeals were successful.

After receiving the court's verdict agreeing to reinstatement, not only did he not step into the company's door, but he received another dismissal letter from the company three days later.

In addition, according to multiple sources, this employee is preparing to go to court with JD.com for the fourth time.

Netizens also commented on this: JD.com is a bit ungrateful. Why is it so difficult to give a 38-year-old employee a job opportunity? It's really miserable for migrant workers. Don't migrant workers over 30 deserve a job?

JD.com has not responded to the reasons for dismissing this employee.

But when things got to this point, JD.com could no longer sit still and decided to sue the 38-year-old P7 employee.

The reason is that it maliciously spreads false remarks against JD.com on the Internet.

So, what happened?

JD.com refused to accept the "tors and turns" of his reinstatement and sued the 38-year-old employee.

JD.com's troubles started in April 2019.

In March 2018, the employee officially joined JD.com as an industrial cooperation position, with a rank of p7, and signed a three-year labor contract.

Promoted to a full-time employee in September 2018. The three indicators of probation period work performance, values ??assessment and work ability assessment in the application for full-time employment were all excellent.

In October 2018, the employee was transferred from the Industrial Cooperation Department under the JD Cloud Business Department to the Beijing-Tianjin-Hebei Public Affairs Department, where he was mainly responsible for the business docking between Beijing and ministries and commissions. and business development.

At the end of the year, he promoted the signing of two large-scale projects between JD Cloud and Beijing Shunyi and Changping.

But I never expected that just when the project was about to be implemented, things suddenly changed.

In April 2019, his boss told him that his ability was not good enough and gave him two options, either to resign or to be transferred internally.

This wave of operations is really confusing.

Later, things got even more confusing.

Originally, according to them, the employee could be transferred internally. The employee also negotiated internally with JD Digital’s Smart City Division and some internal departments of JD Logistics, and They also agreed to receive him.

However, when he came back from a week's vacation, their attitudes changed.

There are only two options left for him: one is to resign voluntarily and give him N+1 compensation; the other is to forcefully terminate the contract, which also has N+1 compensation.

At the same time, his computer and work badge were also processed.

The reason for his dismissal also made him dumbfounded.

The reasons given in the dismissal letter are:

According to the employee’s understanding, other colleagues in the same department are still working normally, and the company has not undergone any organizational structure adjustments.

What a weird reason. In anger, the employee decided to take JD.com to court.

In April 2019, the employee formally filed for arbitration with the Beijing Haidian District Labor and Personnel Dispute Arbitration Commission.

In October 2019, the court’s ruling came out.

The ruling stated:

Soon, JD.com appealed the result.

However, due to the impact of the epidemic, JD.com did not agree to hold the court online, so the matter was delayed again and again.

It was not until June 2020 that the first-instance verdict came out, and JD.com lost the case again.

I thought JD.com could accept the trial result, but JD.com appealed again.

Although JD.com took the initiative to submit “evidence” that the employee had found a job, it still lost the case.

This time, JD.com did not choose to appeal.

On November 9, the employee, who thought that his rights protection was successful and could be reinstated, approached JD.com’s HR to ask how to reinstate.

What he never expected was that not only did he not even get in, but he was also treated as a retired employee who came to cause trouble.

Three days later, he received the second letter of termination from JD.com.

This time, the reason given in the dismissal letter is:

what?

It turns out that as early as September 2019, JD.com filed a lawsuit in the Beijing Internet Court Reputation lawsuit against this employee: It is claimed that he maliciously spread false statements against JD.com online, including "My Xth Day at JD.com", "Details of JD.com Fraudulent Local Support Funds", "Reporting Internal Corruption, "I was sued by JD.com" etc. JD.com requested compensation of RMB 500,000.

In this regard, JD.com stated that the matter is still being processed.

In this regard, netizens also said that it seems that this employee may not be too tough this time.

But it will take time to decide what the outcome will be.

Are layoffs at major Internet companies generally unethical?

The layoffs caused by JD.com also triggered netizens’ condemnation of layoffs at major Internet companies.

In fact, in recent years, Internet companies have frequently experienced controversial layoffs, and there are more and more voices of indignation.

For example, at the end of 2019, a video of UCAR's layoffs was circulated online. Two HR personnel stood next to the laid-off employees' workstations, read out the dismissal letter, and asked the employees to pack up and leave immediately.

Some people call this type of layoffs "imperial layoffs," which are announced unilaterally and do not accept consultation, questions, or refutation.

For another example, a similar incident occurred in the Goose Factory.

In 2019, a programmer who had worked at Tencent for 7 years claimed to have been "humiliatingly laid off" by Tencent.

However, according to Tencent, the employee was fired because he did not perform his job duties, and the labor relationship was terminated in accordance with the law. At the same time, he was supported by the Shenzhen Labor and Personnel Dispute Arbitration Commission in the labor arbitration.

Not long ago, Huya, a company famous for its game live broadcasts, also experienced a suspected "violent layoff" incident.

The person who was laid off posted a video online, saying that because he refused to sign the resignation letter, the HR of Huya Company took five people and carried him out of the company.

Subsequently, Huya Company issued a statement stating that the laid-off employees were dismissed due to disciplinary violations, and apologized for the inappropriate behavior during the dismissal process.

Some netizens also ridiculed this:

However, in response to this "unethical" layoff behavior of major Internet companies, some netizens said:

Abroad, there are many such phenomena.

According to statistics, the average age of employees in major companies in Silicon Valley does not exceed 40 years old. The average age may be older in computer technology companies such as HP or IBM, but it does not exceed 38 or 39 years old. Google The average age of big companies like Apple is only 30 to 31 years old, and Linkedin and Facebook are only 28 or 29 years old.

Similarly, the 38-year-old p7 employee of JD.com also talked about this dilemma in his self-report:

On the one hand, for major Internet companies, under the 996 mechanism, Young people have more physical and energy advantages.

Older employees also consume more labor costs. On the one hand, these companies need to reduce labor costs, and on the other hand, they need to release more space for the younger generation. This is determined by the corporate profit mechanism.

Secondly, the Internet industry is changing too fast. Major Internet companies mostly focus on application innovation, and the research direction of application innovation is more about the preferences and trends of young people. Young people understand young people better, and No baggage, full of energy.

Of course, it is understandable that major Internet companies choose the younger generation, but from a longer-term perspective, old employees are not without value, and blind elimination may not be good for the company. .