It’s the first time I’ve encountered such a despicable foreign company
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The company has been subject to an arbitration request by its employees. It’s truly shameless to dismiss employees before the end of their employment contract, simply because the compensation offered is lower than what the labor laws stipulate, and the employees refuse to sign the dismissal agreement. The company turned to a group of experienced contractors to come up with a trickish solution: it suggested making a contract change, stating that if employees did not sign the termination agreement, their salary would be reduced to Shanghai’s minimum wage of 2,020 yuan per month starting from June 1st. Of course, the employees refused to sign such a change agreement. As a result, the company stated that according to Article 40, Paragraph 3 of the Labor Law, if no agreement can be reached between the two parties, the employment contract can be terminated immediately. On June 1st, the employees were verbally informed of their dismissal, without being given a written termination certificate; it was said that such a certificate would be sent to the employees’ place of residence by mail. Both the employee and their ID card are in Shanghai, yet the company claims that the EMS sent to another location has been delivered. The employees considered the company’s actions to be illegal and invalid, but continued to go to work. On June 2, the company deactivated the employee access cards. On June 3, HR and administrative staff gathered a group of outsiders to forcibly evict the employees; after the employees called the police, they filed for arbitration. I used to think only state-owned and private enterprises would act in such a shrewd and unscrupulous manner; this time I’ve seen that even foreign companies can be this despicable. A multinational company listed in the United States that resorts to such despicable tactics in its operations
Many foreign companies have closed down in Shanghai; currently, many of them are laying off employees, and in the end the foreign owners simply withdraw from the Chinese market. Or keep a few people for marketing.
This post was last edited by qugd on 2015-6-20 08:05. In many foreign-owned companies in China, they are essentially just sales offices or distribution companies; one should not consider such companies to be some kind of model of compliance with the law or harmonious organizations that treat their employees with great care. If you have sufficient ability and strength, you can either stay and negotiate terms with the company or give up trying to find a better option as soon as possible. If you don’t possess any special skills or strengths, it’s of course the employer who sets the rules for firing employees. Don’t assume that labor arbitration always favors the workers; in labor disputes, an individual worker’s capabilities are no match for those of an enterprise – it’s like comparing a weak person to a strong one. In the latter case, just leave quietly and don’t cause trouble for yourself. Be realistic – companies have experience and capabilities in handling labor disputes that are hundreds of times greater than yours.
Do a search for this company; there are several others with similar names. **In a lawsuit, without **official approval**, it doesn’t look good for the original poster’s chances of securing justice, although I strongly support the original poster.
Find the media, especially foreign media. Hong Kong media as well.
Things have not been going well in China in recent years; I believe that if a company holds a certain share in the sulfur recovery technology sector, it is able to carry out EPC turnkey projects successfully. It’s unkind to run a company in this way; it’s also unkind to treat one’s own employees like that.
It is recommended that the original poster send an email to Obama immediately. Yes, it’s Obama from the United States.
This post was last edited by qugd on 2015-6-20 at 13:12. What’s your opinion? The labor disputes at Foxconn have been going on for years; has there ever been any worker who truly succeeded in winning? Let me tell you something: labor dispute cases are generally handled by labor arbitration agencies. These agencies have the power to conduct arbitration, but not the power to enforce decisions. Even if you win the case, it’s only a nominal victory; if your demands are not actually fulfilled, you will still have to bear the costs of litigation yourself. Also, sometimes one shouldn’t just listen to what the employees have to say; there are people in companies who really should be laid off by the human resources department. Of course, this isn’t aimed solely at the original poster; I also try to consider things from another perspective. If a company is doing poorly, why can some employees stay while others are laid off by the HR department? Have you thought about that? Perhaps ask those who were left behind; some of them might say that people like that XX type should have been fired long ago. With the same melon field, the same amount of fertilizer applied, the same amount of water poured, and under the same sunlight, some plants produce large and sweet melons, while others yield deformed or cracked melons – it’s the same principle at work.
That’s because the other party is strong enough; no company wants negative news to attract media attention. When they get attention, they become much more honest. Several deputies to the People’s Congress in Shenzhen have been targeted by local media.
You have mixed up the concepts. Deputies to the People’s Congress have violated criminal law, economic laws, and certain important civil laws; such cases can be handled by the procuratorate and criminal investigation agencies, and they may already be under the attention of those in power. In labor disputes between workers and companies, workers need to have evidence showing that the company has indeed violated the law; only then can they go to court to file a complaint and request that the case be accepted. The court will only accept the case if it deems it appropriate, but generally it advises both parties to seek arbitration through an arbitration institution. The time, effort, and costs involved are borne by the workers first. Do you think that once such a thing happens to you, China will instantly become a society governed by the rule of law, and that institutions and officials will immediately enforce the law impartially and show compassion for the vulnerable? Wake up – it will take at least another 50 years for China to become a society governed by the rule of law, where everyone (including natural persons and legal entities) knows the laws, abides by them, and acts in accordance with them. Currently, there are many provisions in labor law that can only be mentioned but are hardly enforceable in practice; these represent loopholes that you can exploit, as can companies. Moreover, companies have much more experience in taking advantage of such loopholes, and they even know what lies behind them, while you may have no idea at all what’s there.
I’m not going to waste time talking to you old man; I have time to take your grandson out instead. . . Search online – there were people’s congress representatives running car repair shops in the background, locking journalists in dark rooms; in the end, they were still eliminated, right?