Author: Zhu Meng 1819 (public account of the same name)
original:/yanfei1819/p/18805782
Copyright Statement: This article is an original article by the blogger. Please attach a link to the blog post when reprinting!
Today, I want to share a friend’s workplace story.
1. Background
My friend is a senior engineer and has worked for many years. He worked in a new energy company, serving as product development and also served as project manager. Today is the story of his story in this company. To avoid some unnecessary trouble, we hide the real name and call this friend master for the time being, and the company he works for is x new energy company.
Master is the first group of employees of the company (commonly known as veteran employees). He participated in the design and discussion of almost all the company's product architecture, built the company's product system architecture, and also formed the company's most original technical team together. It is highly valued and praised by the company's senior management and direct leaders.
However, the ancients said, "The temple is small and the monster is strong and the water is shallow, and there are many turtles." It is not without reason. One year later, the company's senior management was infighting, and his direct leader was squeezed out of the company. Later, the company re-recruited a person to take over his leadership position, and we will call him Xiao B for the time being. This is the background, and the bad luck of a friend master begins from now on.
2. The beginning of bad luck
In the first three months after joining the company, Xiao B showed excessive friendship and kindness to Master. His job in these three months is to understand the business structure and technical structure of the existing projects from the master, as well as to understand the abilities and personalities of other team members. Three months later, Xiao B immediately turned into a sinister, vicious and small-scale face.
"One emperor and one minister" is actually an eternal truth, and everyone understands it, but what everyone did not expect is that it came so quickly. In the following months, Xiao B attacked and retaliated against the employees of the initial team for various reasons (including poor ability and poor attitude, etc.), forcing them to (voluntarily) leave, and re-recruited their confidants.
These colleagues were transferred to the post, those who were demoted, those who were resigned, and those who were resigned, and finally it was the master's turn. In fact, before this, Master and Xiaob made their public openness and honest statements, and expressed their "heartfeltness" and hoped that they would not be too outrageous when dealing with previous employees and themselves in the future. But Xiao B doesn't care and is indifferent and perfunctory.
3. Doom comes
The arrival of a storm is an unchangeable fact.
In fact, at this time, everyone has no expectations, they just hope to solve the problem legally and reasonably. To put it bluntly, they just want everyone to leave and follow the laws and regulations, and compensate as much as they should. Don't use any dark means to treat those dedicated employees.
However, things went against my expectations. The requirement of no expectations has also become a luxury.
When the storm blows the others away. How did it come to the master?
The company has so-called performance regulations (the "so-called regulations" here are not legal, and will be mentioned later). If employees fail to perform for two consecutive quarters, they need to obey the company's job transfer arrangements. Based on this regulation, Xiao B gave the master a failed performance for two consecutive quarters. Even the most ironic thing is that he failed by 0.1 points from the pass score. At the same time, use various means to suppress it, such as isolation, different treatment of work requirements, arrangement of unachievable tasks, and always provoking discord in front of the big leaders.
4. The battle begins
Then the company "successfully" sent a notice of demotion and salary reduction to the master, which was called transfer of salary reduction, but in fact it wanted to force him to resign through this method. I think that the same method will have the same "effect" when used on different employees. But this time, they were wrong.
The master naturally disagreed and rejected the company's illegal and unreasonable arrangements in writing. At the same time, I also expressed my attitude when I found the relevant person in charge of the company: During the process of the company's development and growth, personnel iteration is a very normal phenomenon, and some people will leave. But even if the company is a battlefield of interests and feels that employees cannot match the company's positions, there is no favor to say, the company should abide by the law and solve this problem in accordance with relevant laws, rather than mastering it above the law. The relevant person in charge of the company replied: This is the company's independent operation right. If you don't agree, you can sue me.
I have known this friend for a long time. I know that he is a very principled person. He has a persistence in his work or other things. However, from the later conversation, it can be seen that the relevant person in charge of the company did not understand this and thought that like some of his colleagues in front, he could pass on this matter perfunctorily by being intimidated or threatened. Having said that, both sides have reached the point where they are at the verge of being in a tense way.
5. Report and Complaints
Master quickly sorted out the idea of legally solving problems. Since we cannot negotiate and resolve them well, we can only take up legal weapons to protect our legitimate rights and interests. He told me that his idea was: report to the Labor Supervision Brigade → Arbitration → Judicial Procedures. He did do the same later.
When the company gave the above reply, he first reported to the labor supervision brigade in the corresponding area and tried to coordinate and communicate through relevant departments to solve the problem. Unexpectedly, the relevant person in charge of the company also yelled at the people in the Labor Supervision Brigade: There is no need to discuss it, if you have the ability, you can sue me. Then he hung up the phone directly.
6. Arbitration
He was angry and submitted the relevant evidence and materials to the arbitration committee, whose demand was: to restore the original salary of the original post and reimburse the salary deducted (deadly owed). (There is one thing that I admire here. This arbitration is on-the-job arbitration. Even many lawyers don’t know this idea, because most other arbitration cases due to labor disputes are on-the-job arbitration. The statement on-the-job arbitration is not common. I will continue to talk about it later.)
The arbitration committee filed a case, and the text message notice was sent to the company's head's mobile phone one week later. That night, the company deleted all the friend's work accounts, including but not limited to corporate WeChat, corporate email, attendance account, system account, platform account, etc., and kicked them out of all company groups. He also sent him a written notice on the second day, forcing him to take three days of annual leave that he had not finished, with the reason to let him reflect on himself and calm down. For bystanders, I will not evaluate the right or wrong of the company's behavior for the time being, but I cannot understand the significance of the company's operation.
Master was dissatisfied and refused the company's arrangements in writing. He continued to attend the company the next day and checked in with the watermark camera. It lasted for 3 working days. By the fourth working day, the company notified him in writing to "restore his work" and continued to arrange difficult tasks for him, but did not restore the relevant account, because he was "afraid that he would disrupt the company's office order", and at the same time, he was asked to "not use a personal computer to work, otherwise he would be severely punished" (but others could use a personal computer).
This situation lasted for another week or two. During this time, relevant personnel of the company continued to put pressure on him. The pressure methods included: inducing and coercing some other colleagues to prove that he was not capable of working and his attitude towards work; constantly making trouble out of nothing to sow some simple-minded colleagues to face conflicts with him; constantly arranging tasks that could not be performed; excluding him alone in all meetings, etc.
A week or two later, Master issued a "Notice of Forced Termination of Labor Contract" to the company through multiple channels, and submitted arbitration materials for the second time on the same day, including an application for change of appeal and new evidence materials during the period. The claim was changed to: compensation related to wages, legal "Certificate of Resignation", etc., and accepted by the arbitration committee. The master writes cross-examination opinions in the next few days, waiting for the trial to begin.
7. Court opening
The arbitration was held three courts in total.
It was only after the first trial that the master learned that the company had found a lawyer. Based on his previous communication records with the company and the professionalism of the materials submitted, the company determined that he also found a lawyer. The company wanted to win, so he also found a lawyer. On the same day, the company's lawyer submitted a new "so-called evidence", and the evidence was fabricated a lot of content. A friend suggested that it needed time for cross-examination and did not cross-examination in court.
The second trial was held, and the arbitrator asked the company's lawyer if he wanted to mediate. The company's lawyer was arrogant and arrogant, and directly clamored, without any mediation, and directly opened the trial. And submit a new "so-called evidence" again. After getting this evidence, my friend found that a lot of content and records were forged. He also applied to the arbitration tribunal again. Since the other party submitted new evidence, it needed time for cross-examination, so it was not cross-examination in court. The other lawyer tried his best to cover up and said that nothing was added, and the evidence was from the past. However, after comparing the arbitrator, he did not agree with his statement and replied to him, "This is the right of the applicant (master) and we cannot interfere."
The third trial was held. Before the trial, the master was still fighting against a group of people in the company. The company's lawyers are still extremely arrogant, arrogant, and look like they are determined to win, arrogant and successful. At the beginning of the trial, the other party's lawyer made unreasonable troubles, wrapping up all kinds of illegal and unreasonable behaviors of the company in their so-called professional language, guiding the arbitrators to favor the company.
But illegality is illegal after all, unreasonable after all, and immorality is immoral after all. Even if you hire a professional lawyer, no matter how beautiful you say, the facts will always outweigh the eloquence, and it will never be possible to turn this matter into legal, reasonable, and reasonable.
No matter how the other party makes a quibble, the master is always calm and presents facts and evidence to the arbitrator. At the same time, he is full of aura and boldly questioning the company's behavior.
It is estimated that at this moment, the other lawyer realized that he underestimated me as a friend. Because after the trial, the arbitrator asked him whether he wanted to mediate. The company's lawyer no longer had his previous arrogance and arrogance, nor did he have the previous decision. He replied: This requires going back to discuss with the company leader. At the same time, he glanced at the master and said, "You are such a super academic master, terrible."
8. Post-court mediation
A few days later, my friend received a call from the arbitrator, saying that the company hopes to mediate with him and does not continue to pull it off.
This friend’s answer is also very interesting: Isn’t the company not mediating? In the past six months, I never consulted me on this matter. Is it necessary to mediate? Tell the company that I still like the arrogant, arrogant and rebellious face I had before. If you don’t mediate, please issue a ruling directly. If any party is not convinced, you will go directly to judicial procedures.
The arbitrator hung up the phone helplessly. After more than ten minutes, the arbitrator called again and said that the company still hopes to mediate. You can talk about any conditions you have. I hope you don’t go to the ruling or judicial procedures. If you go to this stage, you will have a bad impact on the company and will not be convenient for the company’s follow-up management. Can you give her some face? Let’s talk in person first.
The arbitrator's face must be given. On the day of mediation, the master arrived at the arbitration tribunal on time. There was a big leader and a personnel company (the lawyer arrived in the second half of the negotiation). My friend thought it would be another fierce language confrontation, and then based on the facts, he made a crazi report to several people on the other side, pointing out that the company's behavior was illegal, arrogant, bullying the weak and afraid of the strong, unreasonable management, and disappointing, etc. He also pointed out that he should not think about threatening with resignation certificates. He has been prepared to go through judicial procedures with the company, and at the same time, he will reasonably and legally expose certain illegal behaviors through the Internet... How happy?
However, unexpectedly, the few people on the company lowered their heads almost all the way and said nothing. They just said tactfully that some of the company's behaviors were indeed unreasonable, and some leaders had problems with the way of handling matters. The company has organized reviews and summary for you many times, and some people even wrote reviews and reviews. Whether it can be mediated based on the company's face and the arbitrator's face, and that's all.
Master is a soft-hearted person (but firm in mediation conditions), and he can't stand the other party's attitude is much better than before. In addition, the arbitrators tried their best to promote mediation between them, and finally reached an agreement.
When the signing was about to happen, the company's lawyer arrived and asked what level it was. Then, as both parties were about to sign, they took out their mobile phones to check, pointed at the mobile phone and said to the arbitrator and the master, "You see, the Internet says this is not like this, this is not like this." The arbitrator replied, this is what it is. Master answers word by word: If you don’t know the relevant laws, go back and study hard first, and then talk about it after you learn it, otherwise it will be easy to be embarrassed!
At this point, this matter came to an end.
9. Company follow-up
Later, my friend heard from several former colleagues who had a good relationship that said that the senior management of the company reviewed his case again and again, and then he tried his best to let other colleagues who were still working to sign such or that. Xiao B also gradually lost the trust of the company because of his problem-solving, management methods and not putting himself in the right position (his position is a technical structure, and in the eyes of senior management, he also attracted work, but he regarded himself as a company executive and left the front line). I really want to add that Feng Shui turns.
At the same time, the company organized management team many times to learn labor law together.
10. Talk about experience
Later, my friend talked to me for a long time and said that his biggest gain in dealing with this matter throughout the process was not the final compromise and compensation of the company, but the growth and experience in this matter, which is the most precious wealth.
His summary of this matter was also shared with me:
1. Don’t stop learning.
This is a cliché saying, and you don’t have any profound insights in your daily life, but when you encounter some things that need to be solved, you can truly understand the value of this sentence. He also experienced fear, anxiety and worry at that time, and also wanted to find a lawyer. But what he thought was that this case might be just an order for lawyers, and they can make a profit regardless of winning or losing. Whether they handle it with all their heart is still a question mark. But it is a huge thing for me at this stage, and I will definitely do my best to do my best. It was within that month that he completed the study of relevant laws and regulations such as the Labor Law, the Labor Contract Law, the Interim Provisions on Wage Payment, the Annual Leave Management Regulations, the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Disputes Cases (II)", etc., and learned about how to safeguard his legitimate rights and interests, mastered the entire process of arbitration, and how to deal with the strategies of the company and the other party's lawyers. At the same time, he referred to a large number of cases and summarized some skills and experiences so that he could handle this matter with ease in the end.
In short, it’s just a saying, don’t stop learning. Learning may not necessarily change your destiny, but it will definitely change your own (way of thinking).
2. Manage a good attitude.
These are also a few words that have no experience and no insight. In the whole process, it is a special test of people's mentality. The company will use various means to disgust you and force you to voluntarily leave without bearing the relevant legal responsibilities. At the same time, even if we reach the arbitration or litigation stage, the company lawyer will use various means to mislead you, avoid the most important things, and interfere with your mentality. When a person's mentality collapses, he is the most likely to make mistakes, and is the most likely to be attacked by others. Therefore, no matter when and where, you must have a good attitude, be rational and calm, and never fall into the other person's trap.
3. In the workplace, don’t trust others easily.
The shopping mall is like a battlefield, and the workplace is like a battlefield. In this battlefield, most people are still based on interests. He said that although he has worked for many years and knows some "unwritten rules" in the workplace, he still can easily trust others because of his personality. In this matter, he once thought that his relationship was pretty good (at least others felt so, and that this person was interviewed by himself) would help him when he was targeted by his leader, but this person was the first person to come out to "test" that he was not capable, had poor attitude, and only knew how to play with his mobile phone at work. He doesn't say help or respect the facts, and in the end he even makes a fuss out of nothing and adds fuel to slander and frames him. I think this is the biggest disappointment in the workplace.
4. When encountering such a thing, do not mention anyone or company name.
This is mainly to save unnecessary trouble and prevent others from finding reasons to attack you and target you. When he handles this matter with the company, sometimes in order to prove his attitude, he would intercept some chat records without any personal information. Despite this, some people were shameless and sent this chat record to everyone in the entire department, and then told him that xx sold you. xx said how you were, which completely refreshed his views.
5. Hit the snake and hit seven inches.
This sentence mainly talks about the main links when doing things and speaking. A friend said that when he was arbitrating with the company, the other party in order to divert the conflicting targets, disperse his time and energy, instigate and induce a colleague with developed limbs to conflict with him, and sign to prove that he is not capable. He handled the situation at that time, and first calmed down the other party. He called the police immediately, preventing the situation from developing.
In addition, when the company submitted the so-called evidence, it actually submitted materials similar to "yin and yang, insulting (not insulting) direct leaders" as evidence. These actions are just guiding him to spend his energy and time on things that benefit the company, and these things are irrelevant to this case. The core issue of this case is: the company is illegal. As long as the problem is proved, all other contents claimed by the company will be self-defeating. My friend also put all his core energy into this place, and how to prove that the company is illegal is just to prove that the company system is illegal.
6. Be sure to be an upright and dignified person.
His two leaders are a clear comparison. The character, demeanor and skills of the previous leader are very convincing. He is not good at intrigue and not scheming. It may be because of this that he cannot survive in such a company.
The latter leader is just the opposite. He has a bad character, a narrow-minded temperament, vengeful revenge, self-righteous, skilled in speaking, and good at flattering. It's extremely offensive.
Maybe everyone has their own personality and way of survival, but we must be an upright and dignified person, be worthy of ourselves, be worthy of others, and be worthy of heaven and earth.
7. Don’t be afraid of conflict.
Don't be afraid when you have no fault and conflict comes. Face it bravely. Most of the colleagues in front who were blown away by the "storm" left in shame because they were afraid of facing the conflict, and left behind with the reputation of "not capable and not capable of attitude". When you are afraid of facing conflicts, it will only increase the other party's arrogance and solve you more easily. Isn’t this the same truth as “people are bullied by others”?
Finally, I hope everyone will not encounter such a thing! But if things really go against your wishes, I hope everyone can bravely take up the weapons of the law and their own wisdom to face the coming storm.