There is more rain in the south this year, and the winter is colder than usual. In the background of the trade war and the winter of capital, the conflict between labor and capital is becoming more and more acute, and layoffs occur frequently. If the business is not well run, revenue difficulties, capital chain is broken, then layoffs are the last thing to do. But some enterprises have very good revenue, profit margins are also very high, did not encounter too big difficulties, is taking advantage of the chaos to borrow layoffs to replace blood, while recruiting fresh graduates, while eliminating the old staff dedicated to the youth, the staff as stubble to be cut leek.

Crisis time to see the truth, the conscience of the capital will try to consider the difficulties of employees, or think of a variety of methods to remedy, or according to the labor law compensation, but there are many cold-blooded and heartless, especially the recent online exposure of netease, Huawei and other malignant layoffs, see really let a person chill, broke the illusion in many people’s hearts. In the veteran’s opinion, while layoffs hurt, they are nothing wrong as long as they are handled in accordance with the law. After all, businesses are owned by others, and capital is by nature driven by profit. You were hired because you were needed, and now you are cut because you are no longer needed.

A Buddha, a demon, human nature is very complex, we can do is to identify those illegal layoffs, and then suppress evil yanggood, must let those evil capital pay the price, only in this way, our working and living environment will become better and better, kindness should not be bullied reasons. As the saying goes: good good parting. But it is often easy to close, but difficult to part. In the face of those influential, rich capital, labor is usually in a weak position, few employees blackmail the enterprise, it is often the staff in spirit, material these two levels eat dumb loss:

  • Spirit: In order to keep compensation costs down, employers often create a culture of false expectations to stabilize employees, some of which are willing to be beaten up, some of which are disgusting. For example: set up annuity, long-term service plan and other benefits that need to be enjoyed by retirement in the company, mislead employees that they can work in the company until retirement, and are willing to make money for the company with the salary below the market, but they do not care about the indefinite labor contract signed by employees when they are laid off.

  • Material level: do not give compensation according to the labor law, the capital tries every means to be cut the responsibility to dump the pot to the employee, so as to deduct the legitimate rights and interests of the employee. For example: for those employees who do not take sales commissions, they cancel their performance under the pretext of poor company revenue. When the company makes money, it has nothing to do with itself, but when the revenue is bad, it takes the blame. Or give at least N+1 month’s salary in violation of labor law, or use performance bonus as redundancy compensation.

If the company really goes bankrupt, we can only consider ourselves unlucky and find a new job. But for those unscrupulous and not poor capital, if they don’t tell us about feelings first, don’t read us for its contribution to so many years of youth, then we must fight for their legitimate rights and interests. First of all, we’re entitled to it; What’s more, everyone of us has to support our families. We have our parents and children, and we can’t afford a penny less for the mortgage and car loan.

In the implementation of layoffs, the capital will hire professional personnel, legal affairs and psychological personnel to carry out, with people’s money to eliminate disasters for people, they will plan and design a variety of measures to let us give up fighting for legitimate rights and interests. Based on veteran brother and friends who have experienced layoffs, I’ve combed out the following common practices for your reference in case you need them:

  • Left out in the cold: My friend has been working hard in his old company for more than 10 years. In recent years, a new leader has been parachuted in due to the digital transformation. My friend is not good at office politics and is often excluded. Recently, when the company was downsizing, he was put on the optimization list. Performance improvement plan, complete with the end of the elimination, this is the best choice for layoffs. For technical personnel who do not take orders directly, it is difficult to pull out the performance, which is basically determined by leaders. A few months before the assessment, the leadership would not assign work to him, and he would be directly put aside. At the end of the assessment, he would be directly assigned to the bottom ten percent. Marginalization can dampen the enthusiasm and sense of achievement of employees and force them to leave voluntarily. If they do not go, the company will reduce the amount of compensation on the grounds that the assessment is not up to standard.
  • Psychological tactics: the beginning is a bitter drama, with you complain about the company is not easy, layoff is also no way things, the company is very grateful to recognize your contribution, now encounter difficulties to borrow your head. If that doesn’t impress you, hr will stage a personal drama, breaking down in tears and making you feel like you’re embarrassing her by not signing the severance agreement. If the bitter drama and tragic drama do not work, the personnel and legal department will “scare” you, saying that the arm can not twist the thigh, the company has a very strong legal team, if you do not go into a very turbulent state, then do not have to go. That this is the last time the company will talk to you, and the next mandatory measures will be adopted, so you’d better sign it.
  • Shift focus: if your appeal is the compensation for reasonable and lawful, personnel often delay is fobbed off, shift the focus strategy, even if the claim is legitimate, they will “go with a company that strives for” delay, and then pretending to befriend with you, let you feel they are trying to help you solve the problem, try to set out your inner fear. If you are worried that the current employment environment is too bad to find a job, they will pretend to help you find a job to gain your trust. Hr will then strategically tell you that they’ve managed to get you some extra time, but only if you sign a severance agreement first. It’s a carefully choreographed tactic whose main purpose is to use your fear to obscure your appeal.
  • Furloughs: If you don’t go along with what you’ve been told, enforcement action may follow. The first one is compulsory leave. I directly send you a similar email: “Due to the production and operation needs of the company, we hereby inform you that we hereby arrange you to take ZZ days off from XX October 2019 to YY October 2019”, and then cancel your access control right to the office building. According to labor law, before you sign leave office agreement, the company is to stop without reason hair salary, did not rest annual leave is to want according to 3 times salary compensation, let you lose partial salary or compensation through compulsory vacation. Compulsory leave is illegal, but the company is sure that most people are afraid of litigation, material blow is second, the most important is to break your psychological defense.
  • Reassignment and pay cut: If the furlough doesn’t work, a reassignment and pay cut will begin. Without consultation or consent, you will be notified by email directly, and your position will be adjusted to the most junior level, with the lowest salary and treatment, forcing you to agree to the company’s compensation standards, and sign the resignation agreement as soon as possible. Forced the hillock cut is illegal, in order to give little or no compensation, some companies really dare to do illegal things, because it ChiZhun most employees are timid, even you don’t frighten to resignation certificate, or cheat you discredit you when leaving certificate or engagement survey, as long as you recognize the unintelligent signed a separation agreement, that these illegal behaviors will be dead men tell no tales. If you follow through, all of this can be admissible in arbitration.

In addition to the above tricks, veteran Brother also heard some of the dirty tricks used by small companies:

  • Case 1: No matter how well you finish your work, the leader always picks on your shortcomings and asks you to revise and rework repeatedly, while cooperating with domineering, insolent, unreasonable and giving you no room to reason. Or you can not be assigned to the current work, when there is a mistake or the effect is not ideal, and then directly severe criticism, as time passes, your state of mind tension, performance score is not acceptable, and then the human resources to persuade you to quit
  • Case 2: Without evidence, the company informed the employees verbally that the company was going to downsize. Now the company gave the employees some buffer time to find a new job. During this period, attendance was not allowed. Many new employees are inexperienced and do not retain evidence through audio/video recording. Wait until there is a dispute, as long as three days without a normal clock, the enterprise can be handled by absenteeism, dismiss you and do not compensate.
  • Case 3: No year-end bonus, no double salary at the end of the year, no salary increase for several consecutive years. When KPI indicators were increased, I could not get the full performance bonus or even no performance award every month. Adjust the task structure, reduce single person to receive orders, reduce performance pay. Adjust the distribution ratio of fixed salary and performance salary, and reduce fixed salary. Arrears salary, want you to leave office to settle accounts immediately only salary, establish renew contract to reduce salary to wait separately.

There are even despicable and shameless methods such as removing air conditioners, not allowing lunch breaks, catching petty braids, and exposing black materials. In the final analysis, there are no more than two kinds of methods used by the capital to force employees to retire:

  • Mental pressure: all kinds of find fault touch porcelain, make you uncomfortable, give you exert mental pressure, break your psychological defense.
  • Reduce your income: Reduce your income through covert or coercive means to create financial pressure to get you to comply, etc.

Due to the lack of experience in safeguarding rights and the narrow channels of appeal, we are easy to be set by the enterprise, and when we lose our jobs, we can not get reasonable compensation. In the face of the capital “on the three road” attack, we must be clear about their demands, not easily hit by sugar-coated shells; In the face of “the next three” attacks, as long as we are brave, these are not terrible, as long as the evidence is retained, these can be used as evidence of illegal layoffs, labor arbitration when a quasi. As long as our appeal is well founded, the logic behind the challenge, that labor arbitration institutions will protect the legitimate rights and interests of our vulnerable groups, justice will be late but not absent.

Finally, we must revise the cognition that fighting for legitimate rights and interests is by no means a “thorn in the head” in the mouth of human affairs. Standing in the society depends on the value of ability, and is not easy to be bullied. If you can’t protect your own legal rights, how can you be expected to help your new employer fight it out in the marketplace? It is the fundamental strategy to master one’s destiny to constantly improve one’s hard and soft skills in daily work and maintain one’s professional competitiveness so as to calmly cope with all kinds of unknown risks. A career without a layoff is incomplete. Consider it as an experience of recognizing society, recognizing yourself and making breakthroughs. Then no amount of money can buy this experience.

“In the adult world, there is no right or wrong, only interest”, this saying is true, but the veteran brother thinks there should be justice above interest. If we only recognize the “law of the jungle,” then we will live ourselves into animals in clothing, and our society will become a primitive forest of high-rise buildings. For those difficulties, persecuted the management of our employers or helper, we also do not have hatred, night, are fighting for their own interests, the premise is obey the rules of the law that the bottom line, reasonable and legitimate, it will be very rare a wit, like the TV series “mastermind alliance” of sima yi in a line: “Minister along the way, no enemy, see are friends and teachers.”

No matter how to break up eventually, each other can not erase the common through this period of time, life is like a chess defeat without regret, there is no enmity between us, there is only a fate. The real hero, after seeing the truth of life still love life, let us work together!

Today first share here, if you feel valuable, please move your finger to forward to other partners in need. In addition, I will share my experience in career planning, job interviews, skills improvement and influence building in the future. Please pay attention to this column or “IT veteran brother”!