Under the "double reduction" policy, the legal rights and interests of employees in education and training institutions cannot be "reduced"
A few days ago, many employees of an off-campus training institution in Kunming reported that they were fired by the company, and the company asked them to sign a “voluntary resignation certificate”.
This puzzled them, "Have my labor rights been reduced?"
The "Administrative Measures for Practitioners of Off-campus Training Institutions (Trial)" issued by the Ministry of Education and the Ministry of Human Resources and Social Security emphasizes that off-campus training institutions should conclude, perform, modify, terminate or terminate labor contracts with recruited personnel in accordance with the relevant provisions of the Labor Contract Law.
After the implementation of the "Double Reduction" New Deal, some off-campus training institutions with subject training as the main layoffs, some announced bankruptcy.
In this process, how to protect the legitimate labor rights of employees is worthy of attention.
An employee of an off-campus training organization said that the company requires them to write a resignation certificate, declaring voluntary resignation. If they do not write it, the company will suspend the payment of wages.
However, some employees wrote certificates, and the company did not pay wages as agreed.
Since the resignation certificate states that "there are no labor disputes, disputes, unpaid wages and expenses between the two parties", the company's promise to pay wages is a verbal promise, and employees believe that they have been "routines" by the company.
According to the reporter’s understanding, employees of many off-campus training institutions reported on Weibo or Tieba that they had been “voluntarily resigned” or their positions were adjusted. For example, if they were transferred from the administrative department to sales, some people were unable to take up new positions and had no choice but to resign. .
Pan Lili, a member of the Labor and Social Security Committee of the Beijing Bar Association, said in an interview that according to relevant laws and regulations, if an employee submits a resignation letter or signs a voluntary resignation certificate in accordance with the requirements of the unit, the result will not be able to get the termination of labor. Contract compensation, "because according to the relevant provisions of the Labor Contract Law, resignation in this case is an automatic and voluntary resignation."
Pan Lili said that according to the Labor Contract Law, employees are dismissed and have the right to demand appropriate economic compensation from the company. However, judging from the above-mentioned employees’ feedback, their demand is only to get the salary of the month, which is already a very low requirement. .
The reporter learned that some off-campus training institutions are still able to strictly abide by relevant laws and regulations in the process of layoffs and layoffs.
A teacher on the Beijing campus of an institution stated that the institution’s layoffs began on August 25. There are three to four thousand teachers nationwide. Because the business is completely closed, all of these teachers will be laid off, and they will receive N (working years) +1. Compensation.
The Labor Contract Law stipulates that if an employer has its business license revoked, is ordered to close down, or the employer decides to dissolve in advance, the employer shall pay the employee economic compensation.
Employees whose employers terminate their labor contracts in advance have the right to demand payment of economic compensation based on their working years.
One month's economic compensation is paid every year, and one year is calculated for those over 6 months but less than one year.
Wang Xuming, vice chairman of the China Tao Xingzhi Research Association, suggested that relevant departments actively intervene and implement multilateral policies, not only to unswervingly implement the policies of the party and the government, but also to properly handle the aftermath issues within the framework of national policies and regulations together with off-campus training institutions. Including employees’ labor compensation, job transfer, etc., to implement the work in detail, achieve a smooth transition, and ensure the legitimate rights and interests of employees.
China Youth Daily·China Youth Daily reporter Li Guijie Xian Oujie Source: China Youth Daily