Middle-aged people over the age of 40 are often burdened with housing, car loans, supporting the elderly, and educating their children. “People are most afraid of leaving when they are middle-aged.” When middle-aged people encounter “resigned”, what should middle-aged workers do?
At the end of March, the Xicheng Court in Beijing held a press conference on “Typical Cases of Disputes among Middle-aged Workers”. By publishing typical cases, it recruited middle-aged workers to solve the middle-aged workplace crisis and “kick” the second half of good life.
Middle-aged laborers become the main force in litigation cases
According to the data of labor dispute cases in Beijing for the past three years on the referee document online, the proportion of laborers aged 39 to 50 in labor dispute cases has risen from 53.2% in 2017 to 60.1%, and middle-aged workers have gradually become laborers. The “main force” in litigation in dispute cases.
Beijing Xicheng Court judge Li Xi said that the reason for the mid-life workplace crisis stems from the employer’s choice based on cost adjustments, that is, when the company’s profits are challenged, new employees are used to replace old employees in order to save labor costs. On the other hand, it is because middle-aged workers over the age of 35 are beyond the golden working age. Some workers’ work enthusiasm is cooled, their career planning is confused, and their knowledge reserves cannot keep up with the changes of the times.
In addition, in the labor dispute cases related to the “middle-aged workplace crisis”, most of the laborers involved have more than 10 years of work experience, often holding positions above middle managers, and the annual salary is mostly more than 500,000 yuan. It is relatively rational when defending rights, and the winning rate is higher. The employers involved are mostly foreign companies and private enterprises, mostly small and medium-sized enterprises, and most emerging and rising industries such as technology, Internet, and service industries.
At the same time, the phenomenon of dismissal of employers in disguised form is prominent, and they do not intentionally dismiss. By cutting treatment, kicking out core projects, reassignment, dismissal from office, and competing for loss of election, etc., laborers are offered to resign.
Case 1: A 51-year-old employee was unreasonably subject to salary cuts and relocations to cancel the labor contract
Mr. Hong, 51, suffered a pay cut and relocation for no reason, sued the company and received financial compensation.
Mr. Hong joined a construction company on January 1, 2004. On January 1, 2007, the two parties signed a labor contract. On January 1, 2011, the two parties signed an unfixed-term labor contract. The labor contract stipulates that Mr. Hong will take up a management position.
From 2012 to 2015, Mr. Hong was successively appointed as the director of the office, the manager of the domestic contracting department, and the head of the cost accounting department. In May 2018, the construction company issued a notice to remove Mr. Hong from the position of the head of the cost accounting department. No description. Mr. Hong no longer has a separate office, and the company no longer arranges specific work content for him. Mr. Hong’s situation in the company is very embarrassing, and what surprised him even more is that his salary has been reduced to the original since the next month. In half, the bonus at the end of the year was also suspended because there was no specific job content. Mr. Hong repeatedly raised objections to the personnel department to no avail.
On March 8, 2019, Mr. Hong sent a cancellation notice to the construction company, proposing to terminate the labor contract on the grounds of salary reduction and underpayment of wages.
Statement: Wang Hui, President of the Fourth Chamber of Civil Affairs of the Beijing Xicheng Court, said that the post adjustment and salary reduction should follow the principle of consensus stipulated in Article 35 of the Labor Contract Law of the People’s Republic of China. content. The court held that the labor contract between the two parties agreed that Mr. Hong’s job was a management position, and that his salary standard and salary composition were agreed.
The company’s removal of Mr. Hong’s post as the head of the accounting department does not mean that his post wages and wage standards are necessarily reduced. The reason why the company proposes a salary reduction is the result of the company’s collective discussion. The company did not provide corresponding evidence to prove that it had reached an agreement with Mr. Hong on the issue of salary reduction. Based on this, the court determined that the construction company was an unreasonable salary reduction and ruled that the construction company should pay the corresponding economic compensation to Mr. Hong.
Case 2: A million-year-old female executive was fired for job cancellation
Ms. Guan, with an annual salary of 1.2 million yuan, was dismissed by the company due to the cancellation of her post. The court ruled that the company should continue to perform the labor union.
Ms. Guan was born in 1970 and joined a cosmetics company as a human resources director in July 2012. In February 2016, the company held an interim shareholders meeting and decided not to set up the position of human resources director, and the deputy general manager is responsible for human resources management. On May 10, 2016, the company terminated the labor contract on the grounds that the major changes in the objective situation prevented the labor contract from continuing to be performed. On June 20, 2016, Ms. Guan applied for arbitration, demanding continued performance of the labor contract and payment of wages in accordance with the original wage standards. In May 2017, the court ruled in favor of Ms. Guan’s lawsuit. After the verdict came into effect, Ms. Guan returned to work in the company, but the company did not arrange a work place, did not make work arrangements, but asked Ms. Guan to report daily. In July 2017, the company notified Ms. Guan to go to work in another city. Ms. Guan did not agree and did not show up. In October 2017, the company terminated the labor contract with Ms. Guan on the grounds that Ms. Guan disobeyed the arrangement and did not report at the notified location. Ms. Guan appealed to the court again, demanding to continue to perform the labor contract and pay wages.
Statement: After trial, the court held that the adjustment of the employer’s position caused the original position to cease to exist, which does not mean that the purpose of the labor contract between the two parties could not be achieved. The employer’s termination of the labor contract was therefore illegal. Both parties should continue to perform the labor contract. In case of any fault, the employer shall pay wages in accordance with the labor contract. When the laborer returns to the employer to work, the employer changes the working place of Ms. Guan without the specific position of Ms. Guan, the arrangement of the work station, or the agreement with Ms. Guan, and if it is obviously unreasonable, Ms. Guan The dismissal of the labor contract on the ground of disobedience to the work arrangement lacks reasonableness in the company’s actions. Therefore, both parties were judged to continue to perform the labor contract, and the company paid Ms. Guan’s salary in full.
“Kick” good life “second half”, happiness has “law” to follow
In the workplace, whether it is a laborer or an employer, if you only look at the single-line standard of age, not only is it easy to fall into pessimism, but it also ignores the core competitiveness required by talents such as loyalty, cohesion, and dedication.
Li Xi suggested that laborers should be brave to jump out of the “comfort zone” and continue to learn actively. If disputes arise, they should keep evidence in time and choose the method of negotiation to solve as much as possible to reduce litigation costs and professional costs.
“Breaking the mid-life crisis in the workplace also depends on the employer’s active fulfillment of social responsibilities, handling the relationship between immediate interests and long-term interests.” Li Xi said, “Employers should abide by the provisions of the Labor Contract Law, standardize management, for assessment, transfer Posts and adjustments to work locations should be clearly agreed, promptly notified, and strictly followed; the right to dismiss should be used with caution, and before dismissal, layoffs, or salary reductions, the cost of labor and possible legal risks should be evaluated.”