[How to solve these "epidemic" disputes at the end of the year and the end of the year?

③] Strict standards should be

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  Under the epidemic, many companies have formulated corresponding reward and punishment mechanisms and assessment standards.

However, some employees believe that some companies unilaterally change the assessment system temporarily, and some of the standards are unreasonable.

The lawyer said that when the employer formulates the rules and regulations, it must strictly implement the corresponding democratic and publicity procedures, and fully protect the employee's right to participate in the democratic management of the employer through democratic procedures.

  Wang Sen is a programmer of a technology development company. In the past half month, because of the issue of year-end bonus distribution, he has been a little unhappy with the company.

  Since the beginning of the winter, due to the repeated epidemics, with the tacit approval of the company's personnel department, Wang Sen and other programmers chose to work from home.

Unexpectedly, the unit's year-end assessment is based on the actual number of days of attendance to issue performance bonuses.

  "Although we were at home, we didn't delay our work at all." Wang Sen, who was confused, asked: "In this case, how should the performance appraisal standards be determined?"

  Under the epidemic, the survival of some enterprises is facing a test, and some of them have formulated various reward and punishment mechanisms and assessment standards in order to reduce labor costs.

However, some employees questioned that some assessment standards were unreasonable.

What is the basis for the company to develop assessment standards?

What procedure needs to be followed?

"Workers Daily" reporters conducted an interview and investigation.

  Employee's "Tucao" was fined

  Xiaolin is a clerk in a real estate marketing department in Guangzhou.

She told reporters that before the outbreak, her income was very considerable.

After the outbreak of the epidemic, the company laid off some employees in order to "self-rescue", and the existing employees changed from the original double-break to single-break, and the company required the employees to complete the work within the date specified by the supervisor, and 50% of the unfinished task period will be deducted. Salary, 100% deduction in serious circumstances.

  "The original workload of three people has now become two or even one person to complete the work, but the work period has not been relaxed because of this." Xiaolin said that although the work intensity is increasing, she still chooses to persevere because she is worried that she will lose her cash. "It's hard to find a better job" when you have a job.

  Xiaolin's situation is not an exception.

During the epidemic, some companies have formulated corresponding assessment systems, which involve fines.

After logging on to platforms such as Zhihu, many netizens complained about their experience of being fined - an enterprise in Wenzhou, after the outbreak of the epidemic, required employees to check their body temperature when they went to work. Due to the spread of the epidemic, employees who send and receive express delivery in the company are fined 500 yuan each time; a sales company requires employees to ask customers to communicate and demonstrate online when employees are working from home. If there is no appointment, each person will be fined 100 yuan per day.

  The "Worker's Daily" reporter found that, whether it was Xiaolin or the netizens who complained on the online platform, although many of them thought the company's fine was unreasonable, most of them chose to accept it.

  The assessment system encounters "depending on the heart"

  The reporter learned that, judging from employees' complaints about "unreasonable assessment of enterprises during the epidemic", there are many cases that enterprises have not gone through democratic procedures and unilaterally changed the assessment system temporarily.

  For example, during the epidemic, a sales company temporarily imposed an assessment system on employees’ performance indicators; some companies changed the original monthly assessment to daily assessment; a well-known real estate company required employees to return to the company’s location to work from home, and in other Regional offices are all requests for leave, and there are no wages and subsidies during this period; another platform company allocates part of the wages as full-attendance bonuses, and the day’s wages and part of the full-attendance bonus are deducted once for leave.

  Liu Zhuo works in a sales company. During the period of working from home, the evaluation system in the work group stipulates: employees punch in online at 8:30 and 18:00 every day, and take photos in professional attire and send them to the work group; there are three fixed time periods every day. Hold video conferences at different levels; morning, noon, and evening must report on the work content of the day; at the same time, employees are required to transcribe articles and experiences every day, and send photos to the work group.

"If you do not comply with the implementation, you will face the punishment of expulsion and deduction of money." Liu Zhuo said.

  A few days ago, the media reported that Ctrip employees working from home not only did not get a pay cut, but their performance increased by 13%, which attracted attention.

According to reports, this is thanks to Ctrip's data-based business operation management system, which has the function of counting phone records and duration. The company monitors employees through the system's pre-set metrics, and calculates employees' labor efficiency based on the number of phone calls received per minute. Realize efficient management of remote office scenarios.

  In the face of force majeure, the measures taken by some enterprises to formulate assessment systems have provided other enterprises with lessons to learn from.

"This mainly depends on the comprehensive strength of the enterprise." Sun Gengxin, an associate professor at Qingdao University, said, "Large and medium-sized enterprises have mature management mechanisms and anti-risk capabilities. Enterprises are relatively weak in terms of economic foundation and managerial ability, so there is a phenomenon of 'taking the sword to the side' for safety."

  Amending rules and regulations has a legal bottom line

  After the outbreak, an Internet company Song Ping worked for temporarily changed the vacation system and used the period of working from home as employee vacation.

"It's okay to force a time off, and assign work tasks during the vacation. Is it reasonable to change the system at will?" Song Ping couldn't help but ask.

  Wang Jie, manager of the human resources department of a sheet metal company in Qingdao, Shandong, believes that working from home has caused many disputes between companies and employees in terms of workload approval and performance appraisal.

Affected by the epidemic prevention and control, many field work tasks cannot be completed. When the company is in trouble, it is reasonable and legal to moderately reduce the salary based on the consent of the employees.

  Liu Ran, a lawyer from Shandong Jinhaisheng Law Firm, said that there are conditions for the rules and regulations formulated by employers to have legal effect.

  "If one party arbitrarily changes the rules and regulations, and formulates various unreasonable punishment mechanisms and assessment systems, it is a clear violation of the law." Liu Ran said, "These unreasonable and illegal rules and regulations directly violate the legitimate rights and interests of employees. All kinds of labor disputes will occur, and ultimately the company will suffer losses.”

  If employees encounter unreasonable system adjustments and fines by the company, how should they identify their legitimacy, and how should they protect their own rights and interests?

In this regard, Liu Ran said that formulating rules and regulations is not only the legal right of the employer, but also the legal obligation of the employer.

According to Article 4 of the Labor Contract Law, when formulating rules and regulations, the employer must strictly implement the corresponding democratic and publicity procedures, and fully protect the employee's right to participate in the democratic management of the employer through democratic procedures.

If the rules and regulations of the employer violate the laws and regulations and damage the rights and interests of the laborer, according to Article 38 of the Labor Contract Law, the laborer can unilaterally terminate the labor contract, and the employer needs to pay the corresponding economic compensation.

Zhang Qiang

Zhang Qiang