Consultation Can Not Be Hard To Get.

A few days ago, Mr. Xu's visit showed that he had been unfairly treated because he had not agreed to cancel the contract with the company.

According to Mr. Xu, 13 years ago, he applied for a private enterprise.

In the past few years when he first entered the company, the company has made good profits, almost every year.

His job performance has always been good, so when he entered the company for ten years, the company signed an unfixed term labor contract with him.

Who knows, two years ago, the effectiveness of the company gradually declined, a few months ago, the company began to cut personnel, company personnel part of the staff to talk to workers, hoping to negotiate the termination of the labor contract.

The company talked with some young workers first, and many workers chose to sign the agreement and leave.

More than a month ago, the staff of the Ministry of personnel interviewed him, saying that the company was not good enough to lay off workers. However, the company still wanted to talk to the staff and workers and terminate the labor contract.

The company can now compensate 3 months' wages.

He was reluctant to listen to it. He said he had worked in the company for more than 10 years, and how to compensate for 3 months' wages. But the staff insisted that the company's compensation plan was to give 3 months' salary.

They all took 3 months' salary to get away.

However, the staff added that, considering that he was an old worker, the company could also give him proper care and give him more than 3 months' salary as compensation.

He immediately said he was unwilling to cancel the labor contract according to this standard.

After that, people in the personnel department never talked to him again. He still works normally.

It was thought that things had gone like this, but recently he had suffered injustice repeatedly.

First, the company raised wages for all the employees except him. After the company offered benefits, he did not have his share.

He knows the situation to the personnel department of the company, the personnel department says that this is carried out according to the new regulations, but the specific regulations do not let him see it.

He felt that the company wanted to force him to leave.

Yin Weiyao, lawyer of Shanghai sunshine Zhuo Zhong law firm, said that the company's practice is unreasonable: first, the negotiation can terminate the labor contract, but the two sides should voluntarily reach an agreement and not be coercion.

If a unit unilaterally terminates the contract, it must be justified. If the layoff is made because of the poor unit economy, one must go through the procedure two, and make compensation according to the regulations.

Second, it is obviously against the principle of equal pay for equal work to give only one employee a wage increase.

The labor law stipulates that wage distribution should follow the principle of distribution according to work and equal pay for equal work.

According to the characteristics of production and operation and economic benefits of the unit, the employer independently determines the wage distribution method and wage level of the unit.

Although the distribution of wages and wage levels, the unit has autonomy, but this does not mean that the unit or even a boss can decide at will, or should be operated in accordance with the principle of fair and open.

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"Article fourth provides that employers should establish and improve labor regulations in accordance with the law so as to ensure that workers enjoy the right to work and perform their labor obligations.

The employing units are formulating, modifying or deciding the relevant labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, staff training, etc.

As well as rules and regulations or major matters directly related to the vital interests of workers, such as labor quota management, etc., it shall be discussed by the staff congress or all the staff members, and the proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or staff representatives on an equal footing.

Third, without wages, employees have the right to know.

The enterprise shall decide to publicized or inform the laborers of the rules and regulations and major matters directly related to the vital interests of the laborers.

Now Mr. Xu can ask the unit to provide reasons and grounds for not giving treatment.

Mr. Yin also reminded Mr. Xu not to resign himself, or else he would not get the compensation.

Mr. Xu has worked in the company for 13 years. If the company has a legitimate reason to unilaterally terminate the labor contract, it will at least give him 13 months' salary as compensation in accordance with the law.

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