When the laborer encounters "trying and not working"

  On the Friday of the third week of employment, two resignation certificates were placed in front of Tu Qi, waiting for her to make a choice.

  One of them read "I voluntarily resigned due to personal reasons."

If Tu Qi accepts it, the company will pay 4 more days of salary out of "humanitarian" considerations, so that she can get a full month's salary.

  It was not Tu Qi's decision to leave the company.

  This job as an illustrator was the first place she resigned as a teacher at her hometown art training institution and came to Shenzhen, hoping to enter her favorite fashion game industry in the future.

  Two days before receiving the "Resignation Certificate", Tu Qi, who was in the probationary period, was informed by the human resources department and the director in charge of her business that she was not qualified for her current position for many reasons, including low work efficiency, unsuitable illustration style, and getting along with colleagues. Not good to wait.

  According to the relevant provisions of the Labor Law and the Labor Contract Law, if the employer and the laborer mutually agree to terminate the contract, the laborer will receive economic compensation of half a month's salary if the working period is less than 6 months.

If the unit rescinds or terminates the labor contract in violation of the law, it shall pay double compensation to the worker.

  After being dismissed by the company, Tu Qi has the right to choose labor arbitration and claim compensation from the company.

The company can also fire her at no cost by proving that she "didn't meet the hiring conditions during the probationary period."

  The human resources department told Tu Qi that the company has collected evidence and will hire a professional lawyer. At the same time, it also said that only peaceful resolution of the conflict will not affect her next job.

Tu Qi also consulted a lawyer through the Internet, and kept the recordings and screenshots of the communication with the company's human resources department. Before entering the office for the last time, she clocked in and worked as usual.

  But another resignation certificate made her choose to give up "rights protection".

It said that she was fired for lack of ability, poor communication, and poor work efficiency.

Looking at these negative comments, Tu Qi became discouraged.

The labor arbitration cycle of up to 60 days, or a longer litigation time, she can't wait. She needs the salary of the current month and pays the rent of 1,500 yuan after 3 days.

At the same time, she was even more afraid to look for the next job with that ugly resignation certificate.

  Similar to Tu Qi's experience, many job seekers have encountered the situation of "trying out" during the probationary period.

The company arranged for two people to help her calculate the cost of "rights protection"

  Almost without consideration, the probationary period, which lasted only 3 weeks, was removed from the resume by Tu Qi.

  She let her "recent" professional experience end in January of this year, still the job of training teachers in her hometown.

Looking back, Tu Qi remembered that the illustrator's labor contract she signed at that time indicated that the probation period was 3 months, which was one month longer than the interview and communication.

The HR department explained that the company believes that "newcomers are slow to adapt."

Now, this is the reason for her dismissal.

  After entering the company, Tu Qi soon felt that the director was not satisfied with her work.

First, she was complained that the drawing was too slow, and then her work content was adjusted from the drawing of the whole drawing to the design of individual images.

She needs to draw a basic line draft at least 3 times to be considered a basic pass, and at most, she needs to revise it seven or eight times.

And the results of these labors have not been affirmed. The director will take her picture to be evaluated by a male colleague who has been employed for a year at the next table, or directly ask her to hand over the drawn line draft to other colleagues to complete the subsequent coloring.

  Tu Qi recalled that in order to get the job, after she submitted her resume and personal works, she also completed a professional test and designed an image through text description.

  At work, she rarely talks to her colleagues around her.

She occasionally glanced at the computer of a male colleague next to her. On a draft that was about to be completed, he suddenly stopped the brush at a subtle point and struggled repeatedly.

Soon, Tu Qi received more and more negative comments, and her pen became more and more hesitant.

  From the resume alone, Tu Qi's work experience is still thin, and there is an extra 3 months of blanks out of thin air.

She received fewer and fewer interview notices. From the beginning of scheduling two interviews a day, almost all the resumes she delivered last month were lost.

Since the end of April, she has devoted herself to preparing her personal works, and seldom goes to the recruitment information. Even if she sees that the conditions match, she does not have the courage to submit her resume.

  It is not difficult for a business to remove a person from the system.

  In an interview with China Youth Daily and China Youth Daily, a girl who used to operate an event mentioned that before she was fired, the operating authority of the company's system had been locked.

After that, one after another, the tweets she planned to publish were deleted, and the leader suddenly turned up a poster she made two months ago and posted it in the WeChat work group, asking colleagues to find fault - she typed the wrong one at that time. letter.

  Another girl who did a copywriting job said that it took only two hours from being fired to packing up and leaving.

On the last working day before the Spring Festival this year, she received the news of her dismissal an hour before she got off work.

It was her birthday that day.

  She recalled that she was called by the company's human resources department to talk about resignation because a company executive felt that she was not suitable for the job.

However, she knew very well that during the two months of her probationary period, that executive had never come to the company, and there was no contact between them.

In the KPI assessment form for the past two months, the leader who managed her gave her a higher score than her self-evaluation.

  But the final result was that the company gave her a "resignation application", and the signature meant that she resigned voluntarily.

  Zhao Xinyun, who lives in Nanchong, Sichuan, just packed her things and left the office building when she remembered that there were still several hundred yuan of expenses incurred due to business that had not been reimbursed.

She searched the system and found that her work account had been cancelled.

  The workplace she just lost is in the International Finance Center Building in the prosperous Chunxi Road neighborhood of Chengdu.

Here, Zhao Xinyun worked for an online celebrity agency for 3 weeks.

She graduated from a second college majoring in international trade in 2019. This is her second job, responsible for updating the content of 6 gourmet social media accounts, and the copywriting cannot be repeated.

  In Zhao Xinyun's view, the job is almost perfect.

The company has an online celebrity account with the largest number of fans reaching 7 million.

She likes what she does and thinks she can take root in the provincial capital with it.

The most important factor for her is that many of her colleagues who work in that building are dressed in fashionable fashion, and the bar in the rest room can overlook the panoramic view of Chengdu—she is completely fascinated by this ideal "urban white-collar life picture" attracted.

  When Zhao Xinyun joined the job, the monthly salary of 6,000 yuan agreed orally during the interview turned into 2,000 yuan in black and white in the contract. She was unprepared, believing that the other party's statement was "just for tax avoidance".

She moved from a friend's house to the vicinity of the company, bought a full-length mirror, and went to the IKEA store to pick up a white chair and a floor lamp that added ambience to the room.

  She also bought her first bottle of liquid foundation, in order to be the most well-dressed person in that building.

In her anticipation, life will move forward steadily.

But just 3 weeks later, the company's human resources department took out a performance appraisal form she had never seen before, saying that she did not meet the company's hiring standards and would not be turned into a regular.

  The company mentioned that it hopes that the account data she operates will be greatly improved, and the number of single readings will exceed 10,000.

However, the reality is that the newly opened accounts only have at least 3 fans, only one supermarket information sharing has received hundreds of likes, and the likes of the rest of the content are hovering between single digits and double digits. Zhao Xinyun's personal likes.

  When "persuading to leave", the company arranged for two people to sit opposite her to "help" her calculate the time and energy costs required for labor arbitration. The department will not accept it, and if you initiate legal proceedings, the processing cycle will be in 'years'."

The company also said that even if Zhao Xinyun won the lawsuit, she could only receive a maximum compensation of 2,000 yuan per month as agreed in the contract.

  She finally decided to "resign voluntarily for personal reasons".

After Zhao Xinyun was fired, she lied to her family, saying that because the company was irregular, she looked down on her and there were better job opportunities.

In fact, she didn't even dare to open the job application software.

  She even thought about whether she was fired because she was too ugly or dressed too poorly to fit in with the group.

Later, she found through the circle of friends that only one of the 10 people who were recruited into the company at that time seemed to remain.

  It has been more than a year since she was fired. Zhao Xinyun occasionally logs in to the operating accounts registered with her mobile phone number, and sees that the content has been updated, but the data has not changed.

She stared at "a few sporadic likes" and comforted herself, "It's not my ability."

The company does not admit that it has a labor relationship with her, but she appears in the work desk calendar

  Until she was fired, Wu Lin did not sign a labor contract with Pacific Securities.

  During the 9 months of work, she did not have her own OA (office automation system) account, work mailbox, access card to enter the office building, and never received a salary.

  Although Wu Lin had already graduated for a year when she joined the company, in the eyes of the company's managers, she was at best an intern who came to "watch and learn". The person poured tea and ordered a cake for a colleague.

  Her "entry" and "leave" were informed verbally, without any documents.

In her fifth month of employment, she received a notice of the onboarding process.

In the WeChat chat with her boss, she repeatedly asked when to go through the on-boarding procedures, but did not ask about the salary that was never paid.

The other party has repeatedly stated that the superior leader "Mr. Li" has agreed to her entry.

The last commitment was exactly one month after she was fired.

  With Wu Lin's failure to enter the job, the 9-month job was denied by the company.

They did not acknowledge the existence of a labor relationship with Wu Lin, and even stated that they had no idea of ​​establishing a labor relationship with her at all.

This means that Wu Lin has a job vacancy period of nearly a year after graduation, and this experience could have increased the competitiveness of her resume.

  In order for the company to admit, she chose to go to court.

  Under the guidance of the lawyer, Wu Lin collected all possible relevant evidence, including the video of entering the password at the company's workstation to open the computer for office work on the last day, the notice of the onboarding process received when entering the company for the fifth month, and repeated reminders Chat records of the supervisor's onboarding process.

She also submitted to the court a custom-made work desk calendar for the department, which included an illustration of a photo of her and her colleagues at a team-building event.

  Lin Xingchen, Wu Lin's lawyer, believed that "there is no difficulty in this case", Wu Lin was a complete victim, and she did not bring any loss to the company.

Not only can she get back the salary that was not paid for 9 months, but she can also get additional compensation - this is what Wu Lin did not expect.

  Before a graduate who leaves campus becomes a full-time employee of the company, he may legally go through a probationary period, but in reality there may be a probationary period.

Some companies don't think it's possible to know the true level of a candidate through an interview, so they set a period of time for the candidate to start the job first and then see if they are suitable for the position.

Some companies set the trial period before signing the labor contract to minimize the company's employment risk.

  For Zhao Xinyun's three-week job, she finally got a salary of about 800 yuan, which is far from the monthly salary of 2,000 yuan agreed in the contract.

Only then did she know that during the first two weeks of the probationary period, the salary was lower than the probationary period. After all, it was only a few dozen yuan a day.

  Dai Ya was fired on the first day of trial at her previous job.

During the trial, the other party also praised her mock interview.

A few hours after get off work, the human resources department notified her on WeChat that she did not have to go to work again, and hung up her phone without giving any reason.

She was angry and applied for labor arbitration, and the other party took the initiative to apologize, explaining that she heard her mentioning that she would do a part-time job when she went home at night, which "doesn't meet the company's requirements."

  However, Dai Ya, who is engaged in human resources management, found that many companies do not have wages during the trial period. Even companies that provide paid trial positions can only receive the first month's salary after the applicant successfully passes the trial. You will receive probationary pay.

  In other words, if they fail to pass the trial post, even if the company advertises a "paid trial post", it is difficult for the worker to receive the labor income.

  The current labor law does not have relevant regulations to supervise and regulate the phenomenon of "trial period".

  In 2018, a reporter from the "Workers Daily" found that a middle-aged migrant worker was fired by the "escort company" during the probationary period because of "inappropriateness" three times within two years.

In the report, a manager of an escort transportation company in Dalian made a calculation for the reporter. The industry they are in has a low threshold and the cost of re-recruitment is also low. Ideally, he can use multiple "trial workers" in a row. , when the longest probation period stipulated by law is 6 months, you will be dismissed directly, saving a lot of money.

In this report, another staff member of a security service company said that "at least 9 out of 10 workers will not ask for compensation."

  A job seeker majoring in foreign language translation shared his experience of being fired in the last three days of his probationary period on the Internet last year.

Even in the process of going through the resignation procedures, the company is still assigning her new translation tasks.

For her position, the company continued to release recruitment information before and after her entry, without interruption.

  Lin Xingchen has been engaged in labor law litigation for nearly 10 years. Several parties in the Internet industry have encountered similar experiences: applying for employment in a company to develop new software or software functions.

Since the company is not sure about the success rate of the project in the early stage, after finding investors, the company will open up a separate department, from senior executives to basic employees, all new recruits.

In about half a year, once the project does not progress smoothly or does not meet the expectations of the investors, the entire project team will be disbanded.

  After calculating, Lin Xingchen found that this method was not wise.

According to the Labor Contract Law, the salary during the probationary period shall not be lower than the minimum salary for the same position in the unit, or 80% of the salary agreed in the labor contract.

In his understanding, dismissing workers before the expiration of the six-month probation period can save a little more than one month's wages at most according to the minimum wage standard.

But once a worker applies for labor arbitration or appeals, they have to pay back one month's wages. "(Enterprise) is not worth the trouble for this wage difference."

  But in practice, some people do not know that they can get compensation if they are dismissed during the probationary period, and many people will be "voluntarily resigned".

  There are more than 100 comments on Tu Qi's help post on the Internet.

The first comment read "another designer"; another netizen who claimed to have worked in the advertising industry for 6 years wrote hundreds of words, persuading her that "the trial period is a normal thing" and "advertising The industry is a circle, and the bosses communicate with each other." "If they target you, it may be difficult for you to go to other companies in the future."

Within a month of Tu Qi's posting, she received private messages from 3 netizens, saying that she had encountered a similar situation.

She knew she would win

  Ye Jingyu imagined that she would have a war of words with the two personnel of the former company in the arbitration tribunal.

  The reality is that the other party accused her of concealing her physical condition, and before Ye Jingyu's prepared rebuttal remarks had time to say it, the arbitrator interrupted them impatiently, "This is not the focus of the dispute at all."

  After two failed mediations with the company, Ye Jingyu's appeal was still for financial compensation for being fired.

The company believes that she was dismissed during the probation period without any compensation.

In the last mediation before the arbitral tribunal, HR finally agreed to give her one month's salary as compensation, and also apologized to her on behalf of the company.

  Ye Jingyu recalled that at first, she insisted on defending her rights out of anger.

She has worked in the game industry for 11 years, and was "poached" by an acquaintance in early 2021 to plan a second-generation game with tens of millions of users.

This time, it was her attempt to break through the bottleneck of her original work, hoping and inviting her founder to create the next blockbuster game.

However, less than a week after she joined the company, on the second day after the meeting between the company boss and the financial department, the entire game project was required to be dissolved, and the company fired everyone in the project.

  Having worked in this field for a long time, she has seen cases where the entire branch was disbanded due to the failure of a game project.

She herself also has a game that has been planned for half a year and has been in operation for 4 years and finally slowly withdraws from the market.

  Before the game goes live, Ye Jingyu and the team usually make a demo version and release it on the market. If the revenue of the game does not meet expectations, it will be directly abandoned.

  Timely stop loss is a choice made by both companies and individuals.

What she couldn't understand was that the project had only been started for more than a month, and it was only in the preparatory stage, so how could it be abandoned.

  The acquaintance boss who poached her away did not intend to give her compensation for dismissal during the probationary period, but just invited her to dinner out of apology.

Ye Jingyu refused to sign any documents, and the human resources department did not care about her attitude, just let her go to labor arbitration.

Until she walked out of the small mediation court, she was no longer opposed to the personnel who came to participate in the pre-court mediation on behalf of the company. The other party said that she did not expect her to stick to this point.

  Ye Jingyu knew from beginning to end that she would definitely win.

  Three times in her career, she sat across from probationary workers as the one who fired them.

One of the probationers who had worked more than 10 years ago learned the news and did not show too much emotion. Before leaving, she briefly greeted and said goodbye to her boss and colleagues very politely.

  Another time, she watched the personnel skillfully use the grounds that the other party did not meet expectations, hoping that the employee could take the initiative to apply for resignation.

In return, the company said it would not mention the shortcomings when conducting a background check at his subsequent job.

In addition to being sad, the job seeker also felt sorry for the delay in the company's work.

  At that time, Ye Jingyu sat on the side and saw that he didn't get the compensation he deserved, so he just walked away, a little unbearable.

Later, she became the one who was fired, and felt that it was the "retribution" for that time.

  She has only seen one young man, who usually has no complaints about the job requirements. When she was fired, she angrily asked, "Have I caused any damage to the company?" "Do you have any evidence."

She saw that the personnel quickly agreed to the half-month salary proposed by the other party as financial compensation.

Afterwards, HR and her quietly mentioned during the review that even if this situation goes to arbitration, the other party will definitely win, so it is better to pay him directly to reduce other costs of the company.

  The labor law stipulates that "if it is proved during the probationary period that it does not meet the employment conditions", the employer can terminate the labor contract.

  Proof is not easy.

Before signing a labor contract, the employer needs to formulate detailed employment conditions with the employee and reach a consensus.

For example, for the performance appraisal indicators commonly used in the sales industry, workers can consider whether to accept the test of the probationary period based on their own abilities, and companies can also consider whether workers will leave or stay based on data.

However, not all industries can clearly quantify work content.

  Ye Jingyu has a friend who was dismissed during the probationary period because of "insufficient ability", but she finally received financial compensation, which did not affect her finding a job in a domestic top game company.

  Ye Jingyu went to the arbitration center twice, filled out two documents respectively, and went through a total of one hour of pretrial mediation, adding up to less than 3 hours of time cost, she received a monthly salary of 28,000 yuan as economic compensation.

At that time, the colleagues who were dismissed together were required to sign a disclaimer after signing the labor termination contract, losing their chances of winning labor arbitration.

  She shared her experience of "being fired during the probationary period must be compensated" on Douban, which was liked by more than 1,500 people.

Some workers fell into the same predicament and would send private messages to her for help. The reasons for being dismissed were similar. "Incompetence" is the most commonly used term in the company.

Others did not receive financial compensation from the company after winning the labor arbitration.

She would reply to them "Those companies are paper tigers, you must persevere".

No more than 10 netizens gave her feedback that the arbitration was successful.

  The dispute between Wu Lin and the company really went to court.

  After she won the labor arbitration, she did not wait for the execution.

The company refused compensation and chose to appeal.

Once legal proceedings are initiated, the results of the trial between Wu Lin and Pacific Securities Company will be published on the China Judgment Documents Online.

  Consistent with the labor arbitration result, in the first-instance judgment, the court confirmed that Wu Lin had a nine-month labor relationship with the company, and demanded that the company compensate her nearly 200,000 yuan, including unpaid wages and illegal termination of labor. The compensation of 20,000 yuan is related to her two months' salary.

  Because the contract was not signed, the monthly salary amount became the focus of many attempts by Wu Lin and the company to mediate. In the end, the court used the monthly salary of 10,000 yuan stated by Wu Lin as the standard, because the company could not prove that they had agreed on other wages. amount.

  What Wu Lin and Lin Xingchen didn't expect was that this first-instance verdict once appeared on Weibo's hot search.

At the beginning, they also contacted some media that directly published screenshots of the judgment, deleted the manuscript, or covered Wu Lin's name.

However, there are so many people sharing that her personal information has been exposed on the Internet.

  When Wu Lin waited for this result, she had left the company for two years.

Lin Xingchen heard that she later left the industry.

  (Except Lin Xingchen, the rest of the respondents are pseudonyms)

  Gong Ayuan, a trainee reporter from China Youth Daily and China Youth Daily. Source: China Youth Daily