Some companies try their best to force employees to resign voluntarily, transfer positions and reduce salaries without reason, and neglect the company on the edge | labor contract | enterprise

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In order to reduce labor costs, some employers try their best to force employees to resign voluntarily through methods such as unjustified job transfers, salary reductions, and marginal neglect. The reporter interviewed several workers who were forced to resign and told the story of their "game" with employers.

Recently, Lin Fang, who has been working at a hotel in Taijiang District, Fuzhou City, Fujian Province for 5 years, was sent two resignation certificates for an afternoon.

One of the resignation certificates is a template provided by the hotel's HR department. The reason for resignation column reads: "Due to personal reasons, I voluntarily resigned." If Lin Fang submits resignation materials on this basis, the hotel will give her an additional three months of salary because she voluntarily gave up her rights protection. The other resignation certificate was filled out by Lin Fang herself, and the reason for resignation was handwritten as follows: "Due to the hotel's unjustified transfer and salary reduction, I was forced to resign."

Lin Fang knows that once she submits the proof she wrote, it means that she not only won't receive any compensation in the short term, but also faces up to 60 days of labor arbitration or longer legal proceedings. What worries Lin Fang even more is that the employer may give evaluations such as "lack of ability, poor communication, poor work efficiency, and poor work attitude" in her future job background survey. Under the pressure of livelihood, Lin Fang finally submitted a certificate with the words "voluntary resignation" written on it.

Malignant competition, targeted rules, marginalization, emotional dissuasion... Some people empathize with the anxiety of Lin Fang being unilaterally transferred to a new position and reduced in salary by her employer, and leaving helplessly, while others are experiencing it.

Zero mistakes in work but being kicked out of the group

Unlike Lin Fang's voluntary choice, Xiao Changsheng, who worked at a hotel in Cangshan District, Fuzhou City, encountered this situation and chose to file a lawsuit against the company in court.

In July 2017, Xiao Changsheng signed a labor contract with the company stating that he was employed as a warehouse manager. In June 2022, due to his father's illness and hospitalization, Xiao Changsheng took nearly half a month off. The following month, Xiao Changsheng received a job transfer notice from the hotel. His position was changed from warehouse administrator to security guard, and his working hours were adjusted from 11am to 20pm every day. The reason given by the human resources manager for the transfer is that the hotel management feels that he is not suitable for the position of warehouse manager.

What puzzled Xiao Changsheng was that he had managed the hotel warehouse for nearly 5 years without losing any items or receiving any complaints. Why did he feel that he was not suitable for warehouse management after taking half a month off? The night before receiving the notification, he was also kicked out of the warehouse administrator's work group.

Lin Han, who works for a technology company in Gulou District, Fuzhou City, was also kicked out of the group.

The monthly salary has been reduced from 7000 yuan to 4000 yuan, and the position has changed from assistant to publicity specialist. From Lin Han's confirmation of pregnancy to receiving a notice of job change, it took less than a month. From the end of Lin Han's maternity leave to receiving the resignation notice, there were only 28 days. The reason for resignation given in the notice is that the ability does not match the job requirements. On the day the notification was delivered, Lin Han found that she had lost login privileges to the company's office system, and she still had nearly a thousand yuan in travel expenses that she had not been able to reimburse.

Lin Han submitted an application for labor arbitration rights protection, requesting the company to continue to perform the labor contract. The arbitration committee supported Lin Han's claim, believing that the company's behavior was a unilateral change of the labor contract, and the plaintiff had the right to demand the company to perform the contract or provide economic compensation. Due to dissatisfaction with the arbitration result, the company filed a lawsuit with the local court, requesting the termination of the labor contract with Lin Han.

During the litigation process, Lin Han not only did not receive his monthly salary, but even his request for reimbursement of travel expenses was delayed by the company on the grounds of being in legal proceedings.

How much cost does a company have to pay to force employees to resign?

How much cost does a company have to pay to force employees to leave under the guise of "voluntary optimization"? In Xiao Changsheng's experience, the hotel spent 18135.6 yuan.

The court held that the hotel should negotiate and reach a consensus with the employee regarding the transfer or modification of the labor contract, which should be both legal and necessary. The employer did not negotiate to transfer Xiao Changsheng, nor did they provide evidence to explain the legality and necessity of the transfer. After receiving the notice of job transfer, Xiao Changsheng repeatedly negotiated with the competent department to request convenience during special periods, but was not accepted, which led to his resignation. The hotel is at fault for this and should pay economic compensation to Xiao Changsheng.

Xiao Changsheng worked in a hotel for 5 years, with an average monthly salary of 3111 yuan. The court ruled that the company should pay 5 times the monthly salary as economic compensation and make up for the unpaid salary in the month of resignation.

Xiao Changsheng's lawsuit had not yet been resolved, and the new warehouse manager had already arrived. He and his old colleagues inquired about the other party's salary, which was less than 2800 yuan per month. He said helplessly, "It seems that I'm not lacking in ability, but rather my 'cost-effectiveness' is not high."

In the litigation process between Lin Han and the company, the company claimed that "even if Lin Han wins the lawsuit, the company will not renew the labor contract and can only compensate based on the monthly income of 3000 yuan as stipulated in the contract." This is far from Lin Han's original monthly income of 7000 yuan. What further entangled Lin Han was that she had worked for the company for less than two years, and the compensation calculated according to legal regulations was less than 10000 yuan.

Before the start of the litigation process, Lin Han ultimately decided to give up responding due to concerns about the lengthy litigation process, and left the company with a 5000 yuan resignation "red envelope" provided by the company. Her resignation certificate reads: "Due to personal reasons, I voluntarily resigned." "For companies, it's not difficult to 'get someone out'; for employees, it's really difficult to win," Lin Han sighed.

The difficult part is how to prove oneself to be forced

In the view of Fang Weizhong, a director of the Labor Law Research Association of the Fujian Law Society, compared to employers, many workers often have weaker voice in terms of job promotion, salary and compensation. Once they choose to protect their rights, they need to pay a higher cost.

Not long ago, Zhang Liquan, who works at a communication company in Xiamen, received a "full caliber 'sinking' plan" from the company, requesting to "sink to the front line and experience oneself.". "'Sinking 'means that all employees will be demoted by one job level and their salaries will be reduced by 30%. This does not match the positions indicated in the labor contract signed by Zhang Liquan 7 years ago.".

Zhang Liquan, who refused to "sink", received a notice to dismiss his position as project R&D manager. Subsequently, he began to take legal measures to protect his rights. In Zhang Liquan's view, the most difficult thing in the process of safeguarding rights is to prove that he was forced to be transferred.

At the defendant's seat, the company submitted evidence that Zhang Liquan refused to submit the "Daily Report on the Work of Subsidized Branches", emphasizing that the reason for dismissing Zhang Liquan was "not due to weak work ability, but due to a good work attitude.".

Under the guidance of his lawyer, Zhang Liquan also collected evidence that could prove his forced transfer, including the company's "sinking" plan and his repeated submission of email applications refusing to "sink". He even submitted daily overtime photos to prove his work attitude. In the end, the court ruled in favor of Zhang Liquan, supporting his claim that the company should fulfill the contract according to the contract.

Fang Weizhong told reporters that the Labor Contract Law stipulates that employers and workers should fully fulfill their respective obligations in accordance with the provisions of the labor contract. Employers and workers can negotiate and agree to change the content of the labor contract. Changes to labor contracts should be made in writing.

"Although the law takes the position of safeguarding the rights and interests of workers, it is difficult for employees to have an advantage in this game of 'fighting alone'. Fang Weizhong called for the active role of trade union organizations to be played and urged enterprises not to be too arbitrary and unilaterally decide on the retention of employees in employment management.".