Terminating employees who have been with the company for over 20 years
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This post was last edited by leo_0088 on 2016-7-14 23:43. An experienced employee in the department (in his early 40s), at the deputy director level (responsible for the daily management of the workshop and also handling machine repair tasks), with over 20 years of work experience； Normally, I’m not very proactive at work; I only take action when forced to ； For small devices, they can be repaired; but for larger devices, they refuse to repair them or even learn how to do so. They can’t use office software, type slowly, and also refuse to learn those skills. All they do all day is read e-books on their phones ； When there isn’t much work to do in the workshop’s maintenance department, simple inspections and upkeep are sufficient; it’s quite easy. For more complex tasks, guidance from the equipment department’s maintenance staff is needed. Apart from maintenance work, little effort is put into the daily management of the workshop. Previously, the company had no precedent of firing long-serving employees, so they kept him assigned to menial tasks; as for his salary, it increased slightly each year, but it was already quite high ； The company is undergoing restructuring now, and some employees need to be laid off; he is one of them. Initially, it was considered assigning him to the maintenance team, but no one wanted to take him on – his skills aren’t as good as those of the others, and his salary is much higher, so there was concern that this might affect the motivation of the other employees ； The supervisor there already knew that he wasn’t good at his job, so he was even less willing to hire him. Well, HR just ignored the situation. Last month, HR talked to him, and he didn’t react excessively; instead, he demanded compensation equal to 2 months’ average salary multiplied by his 22 years of service (he had already switched to an open-ended employment contract). HR refused to agree to this, so he simply stopped doing any work – spending his 8 hours reading on his phone or e-books and sleeping. . . . . Originally, I thought it was cruel to fire him, but now? . . . . . What do you think?
Sigh, enough about it. It’s just an HR issue, a job transfer. I can’t believe that there’s no one to do the cleaning work – it has to be outsourced to outsiders? At my previous company, as I approached retirement age, my position was removed and I was deprived of my powers; I spent my days waiting in the HR department, doing cleaning, washing windows, reading newspapers – I wasn’t given the same benefits as others, and in effect I was pushed out.
Labor law stipulates that the salary cannot be reduced after a job transfer. Besides, in chemical processing plants, if someone is reassigned to a different position, it’s very likely that they will act in an extreme manner, causing significant damage.
Hoping that he will cause damage would violate the compensation rules; there would be no need to pay compensation, and in fact the company might even have to pay compensation instead.
LEO, I don’t know; where did you get this 22*2 from? . . I think it should be 12*2.. . If both parties agree to terminate or end the labor contract, the employer shall pay economic compensation in accordance with Article 47 ； If the employer unilaterally terminates or ends the labor contract, it is acting in violation of the law and must pay double compensation in accordance with Article 87. 1. Article 47: Economic compensation shall be paid to the worker at the rate of one month’s salary for each full year of service with the employer. If it is more than six months but less than one year, it shall be counted as one year ； If the period is less than six months, economic compensation in the amount of half a month’s salary shall be paid to the worker. If an employee’s monthly wage is higher than three times the average monthly wage of employees in the region for the previous year, as determined by the people’s government of the municipality directly under the Central Government or the city with districts where the employer is located, then the compensation paid to such employee shall be equal to three times the average monthly wage; the maximum period for which such compensation can be paid is twelve years. The monthly wage referred to in this article means the average wage of the worker over the twelve months prior to the termination or expiration of the labor contract. 2. Article 87: If an employer terminates or ends a labor contract in violation of the provisions of this Law, it shall pay the employee compensation equal to twice the economic compensation standard specified in Article 47 of this Law.
The figures provided to me by HR – I didn’t go ahead and verify them either
Then go ask! If it’s calculated as 12*2, I guess there will be a loss!
No fixed term of employment – it seems to be a state-owned enterprise