Introduction
Accompany the development of market economy, of labor jurisprudence perfect, as one falls of it may be said of incident of laborer dimension authority, among them the group sex such as laborer collective strike incident of trouble between labor and management, it is to happen again and again more in last few years. Review these group sexes incident of trouble between labor and management, inducement is not had outside the labor economy rights and interests of laborer gets enroach on, include wage growth mechanism, salary defaults the pay with be done not have too low, regular to wait for a problem with back pay abscond. Undeniable, once produce group sex incident of trouble between labor and management, the classics that can give a company not only builds major effect, can bring serious blow to the industry image of the company, society figure more. Be based on this, in how managing daily, precaution and control group sex the happening of incident of trouble between labor and management, the attention central point that makes numerous company high level, HR increasingly... this period we are special invite controversy of personnel matters of labor of Shanghai Pudong new developed area to arbitrate professional personage, fatigue amounts to expert and manpower resource practitioner to manage personnel government issue high related committee undertake discussion.
Specially invite honored guest
Controversy of personnel matters of labor of Shanghai Pudong new developed area arbitrates committee committee member holds controller of intercessory front courtyard Mr. Li Baoan concurrently
Shanghai fatigue amounts to management to consult a company / fatigue amounts to attorney office author / chief partner Wei Hao asks for a gentleman
Fuji is connected (China) chief inspector of human affairs of information system limited company Ms. Qi Bin
ESG environmental protection accuses chief inspector of resource of group labor power Ms. Chen Ying
Benefit commerce of sincere fashionable dress (Shanghai) manager of department of resource of limited company manpower Ms. Li Yi
Inspector general of administration of human affairs of limited company of concerted effort elevator Mr Chen Liang
Manager of human affairs of limited company of trade of Shanghai fruit Jia Ms. Liu Ying
Shanghai rub favour is electric manager of Inc. administration human affairs Ms. Liu Yan
Case
2009 the end of the year, the inn of door of a subordinate that A company plans to be in its Tianjin sells B the company. Be in by chance this time paragraph, inn of door of A company Tianjin and armour service send the service of the company to send cooperative agreement to be about to expire, then B company plans, after taking over inn of door of A company Tianjin, the service that sends all services personnel to transform B him company is sent go over there the supplier.
Realize oneself may lose the business that a 400 people control, armour service sent a company to begin a series of running, in do not have fruit hind with B company arrange with, the shell company that should quit originally, took a kind that allows company of A, B to be immersed in nightmare however: Incite employee make trouble!
Then, nearly 400 employee that shell company sends surround inn of door of A company Tianjin all round, requirement A company solves the following problem:
(1) apply for the fame that is strong A company to come at the outset, a company is irresponsible now sell B company authority, should assume liability to pay compensation to all employee;
(2) the feeling that A company disregards everybody, sell B the company authority, beforehand also not consult everybody opinion, attribute illegal action, should compensate for to all employee;
(3) A company never buys housing accumulation fund to the employee of Tianjin door inn, should give all employee individual and company share allowance.
A company sends the processing personnel that come not to agree with the request of employee of course. Then, tianjin door inn is shut, what besiege lasted 3 days is long, during chief inspector of resource of A company labor power is urgent drive go to spot processing, also by employee besiege. Hind, staff branch gives one share, the hotel that runs to personnel of A company relevant processing to be entered continues to surround.
Exchange views through what A company and worker represent, be in the 4th day finally, both sides reachs consistent: No matter what employee request is, everybody according to " share of company of 2N+1+ housing accumulation fund " compensate pays, holding cost goes out by A company, staff agrees A company to sell B the company Tianjin door store.
After signing an agreement, all employee answer hillock go back to work.
[discuss]
1, what operation causes group sex easily incident of trouble between labor and management?
2, how to avoid group sex the happening of incident of trouble between labor and management?
3, why can legitimate operation also cause group sex incident of trouble between labor and management? How should prevent this kind of situation?
4, produce group sex after incident of trouble between labor and management how should be handled effectively and to how should be handled effectively and answer?
5, does if where,the utmost in incident of trouble between labor and management protect group sex the legal interest of the enterprise?
Qi Bin: Last year when, our company antecedents the autograph of labor contract add of half above employee, involve employee probably 350 people left and right sides. Autograph of labor contract add also is to answer the change of state law, involve what send employee to the service not to have issue of contract of fixed deadline labor among them. Await in those days, feel each district is right apparently the executive strength of state law and the manner presence to the enterprise are very large different. At that time, our company also did a lot of preventive works, prevent incident of occurrence group sex, fortunately we did not encounter group sex incident, but return bequeath to be worn a few cases up to now because controversy works at that time the business that contract add signs. In current commercial society, each respect change is very sharp, affirmative in the process of development meeting encounters the enterprise to cut down the member of persons employed or be bought, group sex incident may be encountered in prospective job, so main today purpose reachs study with communication of teacher of the Kingdom of Wei, Mr. Li namely a few methods that how answer group sex incident.
Li Baoan: I come first cast a brick to attract jade-offer a few commonplace remarks by way of introduction so that others may come up with valuable opinions, arbitrate in Pudong in the routine of the courtyard, the dispute that involves 10 people above belongs to collective controversy case, 3000 people control accumulative total of number of case of collective 2013 controversy, case of collective 2014 controversy involves employee more than 6000 people. Group sex incident says on firm sense is not concept of labor law law, because,be laborer in order to gather, collect is visited share a number much, social impact is big and must come. I am participated in treated the nearly 100 people with group sex little event, much on 1000 people, in recent years, group sex incident is increasing, involve employee area wider and wider, the difficulty of processing is greater and greater. Because amount to measures much, effect big, share a number much, the government pays close attention to group sex incident quite relatively. After incident happening, is the first impression of relevant section an enterprise how to manage? Whether to put in non-standard place? If the enterprise is put in non-standard place really, so, relevant section can stabilize a consideration from the society, the tendency persuades an enterprise to yield to employee, so group sex incident is considered as a law by a few people not duty numerous, these circumstances also are objective existence. A lot of moment, employee is compared easily, economic compensation gold is compared, of other side quite, this kind of viewpoint is incorrect. For instance, because resettlement involves economic compensation,a company is, resettlement perhaps develops business to pay resettlement fee by the government, the enterprise takes out a part to be able to compensate golden charge as economy from inside this charge, a few enterprises are afraid of produce group sex event, set with respect to prep above law when paying economy to compensate gold. Be like again, another company is close down because of company loss, the enterprise takes out the fee that prep above law sets impossibly without economic capacity to pay economy to compensate gold. Below afore-mentioned circumstance, it is to cannot undertake relative. And laborer sets out to often be compared from him interest, anguish comes from at comparing, and this is planted also be highbrow quite. Defy namely additionally strong, incident of sex of some places group evolves happen for beating incident, some are business presence problems really, the trouble between labor and management that tells besides us causes group sex incident, still have move tear open policy of insurance of change, society to adjust the group sex incident that waits for a few elements to cause. Now nowadays, group sex incident is more sensitive issue, cause the cause of group sex incident, my individual thinks is business reason, the reason of the enterprise has a lot of kinds of cases, because some enterprises change management pattern, some manages boss of loss of not good at capital to escape, some moving tear open change and bring about an enterprise to close, return some enterprises to bring about an enterprise because of stop production to shut, a few enterprises find a place for in the worker, the respect such as economic compensation standard, if processing is bad,can cause group sex incident. 2 it is employee reason, consciousness of present employee dimension authority is strong, but legal knowledge lack, dimension power demand is excessive, presence is little be troubled by small, big be troubled by big, do not make the appearance in the heart that does not get. 3 it is other reason, the government manages harmonious cannot overdo, cannot buy peace and tranquility to appease group incident to spend money, want a company floriferous money, want an enterprise not to break the law only, cannot ask the enterprise gives compensation more forcibly.
Qi Bin: Mr. Li, I want to seek advice from you a problem, it is media has a story about group sex incident, belong to a kind to direct model trend?
Li Baoan: Media covers, the impact is very big, can sensation maintains effect, beyond the mark apply colours to a drawing does not answer when media covers the depict that laborer is not rational thought to counterpoise, media should not cover through going on strike, block a road up to receive how many compensation, overmuch attention conduct propaganda meets those who cause other crowd to imitate behavior. A few media that I myself had attended to take the lead completely always to come from Beijing last year understand tripartite to mediate the problem of labor dispute respect to Shanghai, return somebody sectional leader undertakes survey to Shanghai related company department. In the spot I have at that time tell, the media that be present, media reporter except, individual reporter understands law not quite, conduct propaganda is not accurate, discuss equal pay for equal work among them, law did not discuss equal pay for equal work, say the terms of payment of equal pay for equal work however, because media discusses equal pay for equal work, in group sex incident classics regular meeting has employee requirement equal pay for equal work, especially the service sends employee to be arrived to use project unit by the clique some post works during this pay is met somewhat difference, the service sends employee to be able to regard as to appeal to equal pay for equal work beg, the media reporter that Beijing comes to asks how be handled and I am answered. I discussed a such case, there were 2000 Yu Ren's Chinese-foreign joint ventures 2012, have nearly 300 people, go on strike 3 days, the 4th day I arrived the spot, the unit also sends a person to undertake harmony handling be doinged not have settlement in the spot related new developed area, employee does not wish choose delegate, in the sit quietly on great lawn, how to do? I say to employee: I ask everybody a question, ask everybody to reply, you think the enterprise breaks the law, look for an enterprise not to solve a problem, with such form causes new developed area now the attention of relevant section, safeguard your rights and interests, ? Employee people reply in succession yes. I say then, everybody's purpose was achieved, the government takes seriously very much now, each listen to your opinion and requirement about the branch to the spot, safeguard your rights and interests, want what dimension authority solves a problem to go up to the assembly room please now, those who mean make trouble is OK continue to stay on the playground. Everybody arrives after the assembly room, I let everybody have register one's attendance at a meeting or at an office, tell employee at the same time people have accuse it is OK to beg newly write down. In this process I looked for 3 employee, one is old, one is young, another is female comrade, these 3 represented nearly 300 employee. Because have old pal, have a young person, have a woman, enquire the record of formal schooling of 3 people, come from at where, the circumstance such as the post of the place and income refers. Rehear takes the opinion of the company. Answering the question of equal pay for equal work that employee raises, I say with young employee first, make an example, if you are a boss, this old pal is in you li of job 20 years, now monthly wages 6000 yuan, I the university just graduates this year, work in same post with this old pal now, I ask to follow his equal pay for equal work now, ask whether you can agree, young employee shakes his head different idea. Do I ask why? Young employee says you are newcome. I ask the other employee that be present again after, if you are company leader, encounter such circumstance to whether can give equal pay for equal work, those who meet ask raise one's hand and show reason, there is not employee raise one's hand at that time. I say then later, past planned economy does not have equal pay for equal work, more what is more,the rather that now is market economy, if be present can accomplish 5 to be the same as---School record of formal schooling is identical, professional title is same, length of service is same, post is same, the beneficial result of creation is same, ask about, if some is not of equal pay for equal work, look for me, I will counterpoise for your dimension, if do not have some so nonexistent equal pay for equal work. I am handling group incident, do not explain a method directly first, think with a kind of such conversion however, straightaway means explains equal pay for equal work, next the explains employee puts forward other issue of successive...
Wei Hao asks for: Just what Mr. Li speaks of is relatively clear, I will undertake doing Baconian. A moment ago spoke of have 3 sides: One is to should listen, listen to employee what to want; The 2nd is the communication environment with benign creation, build normal communication atmosphere to both sides of labour and capital. Here involves a negotiation to learn, the tenet of any make trouble is to should solve a problem. Act on a such principle to solve a problem so, how to create a communication atmosphere. The target is to should solve a problem, can build the base that a kind of everybody communicates so. 3 o'clock is conversion think, how can you guide employee to find place of a balance finally? Stand in the angle of employee, the boss' angle, angle of the company, should a such request agree whether possibly? Find a plan that both sides can accept, this kind of communication atmosphere before is formed, another think with employee conversion, can achieve bilateral an equilibrium point finally.
Chen Ying: The limits of the company management that I am in now is national, our company is expanding ceaselessly business, the project has and buy, the company with inferior profit wants to shut its, the principle that refer of two teachers place goes to is identical, in incident of northward group sex, talking a way with employee do not have the effect, talking a way with arbitral courtyard, court also do not have action, this is the experience of my individual. So, face such situation, our business not only Shanghai of bureau be confined to, we extend the market to extend business to the other place, how should be we answered?
Liu Yan: Processing incident must hold a principle, principle, method, skill must have. The principle of group sex incident is qualitative not open, the 2nd deal with not become acute, cannot go become acute contradiction is especially in conversational process, the 3rd a got-up affair does not expand. Still having is harmonious on one hand do not overdo. Still easy of the appropriate on the method shoulds not be, appropriate is thick not easy fine. Group sex incident does not go refer is historic problem, refer present problem, discuss an issue namely. The processing technique of my individual is light in have heavy, firm soft posture gets together. The manner that approbates with the worker goes listening to their opinion, the language that accepts with the worker will let its accept law, with employee can the doubt that the means of be convinced will come to dissolve them. Remove a cast a brick to attract jade-offer a few commonplace remarks by way of introduction so that others may come up with valuable opinions here.
Qi Bin: We intervene to national government organization group sex incident, the feeling of my individual, the government can stand in employee one party, the government can let an enterprise make corresponding compensatory to employee one kind has impression.
Liu Yan: Once produce group sex event, the first judgement can think this enterprise is existence problem, undertake to employee before this dredge is a few interests that can tell employee, discover oneself were not striven for, did not realize, will strive for along with all the others.
Li Baoan: Here reflected the problem in case, how to avoid group sex incident to happen, how to avoid to have a lot of reasons, the enterprise can know he wants to close beforehand, or it is to cut down the member of persons employed, should make a plan for a short while, according to labor contract law the 41st, cut down 20 people above perhaps is not worth the worker 20 people hold company worker sum total of hundred above, unit of choose and employ persons shifts to an earlier date 30 days to labour union or all worker shows a case, listen to labour union or after the worker's opinion, cut down plan, want to report to labor department.
Wei Hao asks for: Leave with this case look, involve buy for instance, asset is bought labor problem is told to be able to be put in a lot of in be being bought with equity, still involve the switch that sends to the service. Employee acquired share of company of accumulation fund of housing of a 2N+1+ through group sex incident, employee does not have any losses, treat employee in fact from legal angle is to do not have this right, the labor contract of final employee does not have change, the company of the service also does not have change.
Li Baoan: I had handled case of a group, with this case likeness, also be abet, I understand a situation first to spot hind, hear employee opinion, let what employee writes down him appeal to beg. Listen to a service to send company and the opinion of the unit that use worker worker respectively then, do the work respectively subsequently, propagandist law, solve accuse sue for peace is interrogative, talk with employee next, because working relationship is in,send a company to the problem should search send a company, send a company to make you when the gun, if touch,make law, hapless is him. When be in and sending company legal person to talk, if you think the unit that use worker worker violates an agreement, can pass talk things over, do not talk things over to be able to be sued through the court, and abet now the door that employee blocks the unit that use worker worker up, this has a problem, in case employee happening harm, you cannot take off a relation. How should do me to want to be clear about in your heart as an entrepreneur. When I talk with the unit that use worker worker, should send a company to communicate with the service first as the unit that use worker worker talk things over, communicate this negotiate kinescope of recording of process whole journey, if the service sends company unjustifiable ask a price, unjustifiable demand, this is evidence. Want to avoid group incident to happen as an enterprise, in involve a worker when the major problem of personal interest, want a thought to take seriously, when should cut down the member of persons employed when the enterprise for instance or removing, leader layer is the most prophetic path, should organize worker delegate, backbone, sectional chief undertakes grooming, propagandist law, unite a thought, tell an enterprise the state according to the facts, this did not become a lot of units good. Want conversion to think, notice means method.
Qi Bin: Actually of the enterprise buy should start in the project when, more or less can the processing kind that an advisory firm includes all sorts of human affairs personnel to go up have participate in go in.
Wei Hao asks for: It is human affairs did not intervene beforehand, another although find tripartite,be, include human affairs section, not comprehensive when considering an issue, what law sets is N+1, give your N+2 to may be accepted, often so think, did not understand among them reason, what 2N goes is not to talk things over, do not talk things over not to sign into employee, can adopt home remedy to remove only finally. The hypostatic condition that home remedy removes is not had, in Shanghai for instance some companies do not have labour union, wanting legal program cutting down the member of persons employed to carry out is more difficult, the evidence that should prove the company is put in capital problem really is more difficult, so order of legal home remedy cutting down the member of persons employed cannot be executed, cut down the member of persons employed together belong to break the law remove.
Li Baoan: It is very important that the company establishs labour union, to producing group sex event from time to tome amortize, have a pacifier, the company before the event that has labour union can hold a workers congress, after listening to opinion discussion to pass, carry out again won't produce similar incident commonly.
Liu Yan: Establish labour union, the program of labour union is more advantageous.
Li Baoan: The law of nowadays has a lot of to involve labour union, should want to establish labour union, and do not say group sex incident, remove with respect to employee labor concerns, jural have order demand, my individual summary should accomplish the following 16 words won't lose a lawsuit: The system is definite, the basis is sufficient, evidential authentic, the process is legal. Labor contract law sets the 4th times, involve worker the regulations system of personal interest or major item ought to discuss via workers congress or collectivity worker, that is to say, the system of the enterprise wants content legal process is legal, tell employee. Establishing labour union to return some profit is some charge are OK and duty-free.
It is good that union chairman wants an election, it is to helping a company in fact. Safeguard the first be manage what defend a company normally, the 2nd it is the legitimate rights and interests that safeguards a worker, one-sided maintenance just is incorrect, group incident processing is bad to can bring about an enterprise to close down, what also can bring about a society is not stable. The enterprise is non-standard labour union should undertake supervising and urge, excessive requirement labour union should lead employee. Human affairs cadre should take out the plan cutting down the member of persons employed of regulation of be good law, do not take oral kind, want to take written kind.
Wei Hao asks for: Whether to establish to labour union, it is beneficial to the company. Labour union is to cooperate a company to undertake administrative, labour union still can produce a kind of popular trust in employee. For example make trouble of strike of employee of the last few years, employee thinks labour union is delegate company, labour union is the same as a decoration in the form in employee eye, in employee some accuse the meeting in begging is mentioned remove labour union, labour union make it is similar to the manpower resource branch of those representing capital, it is the effect that has in honest management help firm satisfies procedures of a few law. Still be deficient in a few deficiency channel with employee now.
Li Baoan: I had handled incident of a group, all plan are passed, but because of individual person abet 200 more than person blocks factory door up, I undertake communication with employee to the spot, among them an employee asked a question, how does union chairman arise, I answer the generation of union chairman to have the following kinds of methods: The first, company staff number is not much can elect union chairman continuously; The 2nd, enterprise scale is larger, clique worker delegate has election union chairman; The 3rd, can organize appoint, its look after appointing eligible on labour union post, fill again like qualification program, see its ability basis. After the event just knows this employee be enlightened passes the plan that negative union chairman comes to negative company. Handling incident to the spot usually is to want to listen to look first first, understanding is clear, tackle a problem, next redo works. Group sex incident is more complex, the situation that every unit place encounters is different, influence level is different, but must adapt oneself to changing circumstances. I summed up a few individual character: Law is principle, processing law problem wants flexibility, the world has diversity, processing group incident should become epicene.
Chen Ying: I want to ask the Kingdom of Wei the teacher, a what kind of circumstance is concerning the 58 incident that are the same as city and net of China person of outstanding ability now?
Wei Hao asks for: Both sides is negotiating. Involve cut down the member of persons employed, buy, tear open change, still have just we mention will send employee to become a full member. Usually enterprise vicissitudinous, want to one foreknows beforehand, foreknow can produce group sex event. Once produce group sex event, without employee to lodge a complaint, the meeting when employee knows make trouble brings negative effect to the enterprise, the loss that then brings will be heavier, and employee sees the case of very much similar success, eventually of collective make trouble can get authority corresponding benefit. We are being done decision-making before be to want to encounter these situations. Net of person of outstanding ability is being done should consider to attend a meeting above all when the case beforehand this kind of problem exists, the problem that should solve was not solved. The first can compromise with employee, give employee 2N+1 compensation. The 2nd kind does not offer any compensation namely, hold to the circumstance that finally also is existence. It is with law case of net of person of outstanding ability exemple, need not cut down the member of persons employed, give employee N+2, sign employee gives N+2 namely, the employee that does not sign will start program of law cutting down the member of persons employed, depend and decide; Or for instance the company is disbanded, cancel, produce working relationship to stop, perhaps execute legal order cutting down the member of persons employed, include a specification of labour union.
Chen Liang: The enterprise has economic actual strength these cases that you mention teacher of the Kingdom of Wei, but if battalion of already of look forward to is bad, without money, how should do?
Wei Hao asks for: For example Hunan the circumstance of Ma of Chang Dewo Er is to did not talk things over, also did not cut down the member of persons employed, direct put up the shutters. The circumstance at that time is branch of Woerma, on company method the branch does not have independent corporate organization, but in the branch in labor law the unit of choose and employ persons that is an independence. Debt of creditor's rights of the branch on company method is the related concern that generates with head office, not be independent legal person, but in labor law the branch is direct sign labor contract with employee, the branch makes 5 narrow pass to employee directly one gold does not have a problem, the branch is an independent unit that use worker worker. At that time Woerma's decision is cancel the branch, worker principal part is used after cancelling nonexistent, working relationship is stopped. Final Woerma wins the lawsuit, the branch is not independent legal person, it is nonexistent disbanded problem, nonexistent also the legal basis that terminates labor contract.
Liu Yan: We had encountered a such case, company boss differentiates all capital to his account to fall, this company is finite liability company, the company wants to disband, the employee that leave does not send fair wage to its, the employee that can leave his post can choose to leave one's post, what do not want to leave one's post is OK continue to stay in the company, up to now this company did not give this company staff any compensation.
Wei Hao asks for: Baconian rise the cause that causes group sex incident is as follows: The first kind is to remove; The 2nd kind is to cut down the member of persons employed; The 3rd kind is shutout, remove ark; The 4th kind is equity is bought or asset is bought; The 5th kind is to involve company employee of common interest, compasses of historical problem disagreement. If produce group sex incident how to should be answered, baconian rise tripartite face, it is to should know relevant law above all, law is principle, it is a foundation; The 2nd be communicate in answer, negotiation skill; should accomplish precaution namely at 3 o'clock, build daily communication pipeline on one hand, it is on the other hand beforehand preparation. When the enterprise should do certain and major shift to rectify, in employee the respect should make plan.
