The sales director who had been in the job for 8 months was dismissed, and the company compensated 270,000. HR told the truth
Yesterday, a friend provided Lao Wang with a real case, which is very representative. Lao Wang shared it with everyone, hoping to help everyone in practical work.
The case is as follows:
At the end of 2014, a company planned to open a branch in Shanghai (the company's headquarters is in Guangzhou). After being recommended by a friend, it recruited a sales director with an annual salary of 500,000 after tax.
The story goes like this:
At that time, after the general manager met someone in Shanghai, he gave his resume to Lao Wang's HR friend. With many years of HR experience, he felt that this person was not easy to get along with on the phone, and he was rather careless, but the general manager felt that he must have such a person. Man, under the pressure of the general manager, the HR friend still hired the sales director, but the HR friend and the other party agreed to pay 60% of the salary every month, and the remaining 40% as the performance salary, which will be paid according to the performance appraisal results. , and then made an offer, and the other party quickly joined.
Here comes the king's question:
Why did the general manager force HR to hire the candidate? Is the general manager's judgment of talent really so accurate? Is it too confident or too conceited?
Performance-based wages pave the way for future labor arbitration, which is also the challenge of labor arbitration for many companies' wage structures. Lao Wang wants to ask, why do many companies set performance pay instead of performance bonus? In this case, can the company reduce legal risks?
After the sales director joined the company, due to the Shanghai project itself, the company finally gave up the Shanghai project. After that, the sales director also followed the company to the Guangzhou headquarters. But the sales director's work has become free and loose, leading the team is too loyal, and the performance is not as good as imagined. However, when the probationary period was about to end, the general manager and the general manager of sales decided to pass the probationary period after negotiation, and agreed that the sales director would officially become a regular.
Here comes the king's question:
Since the company has recruited HR, why not give HR the right to speak in the judgment and evaluation of people? Is this general manager doing things too arbitrarily?
Due to the poor operating conditions of the company in July 2016, the company decided to adjust its employees, including the sales director.
When it comes to layoffs, the HR talks with the sales director at least ten times, mainly involving compensation issues. Since he had worked for 8 months, the company was only willing to compensate him for one month's salary. The other party demanded that he should be given a part of the unpaid performance salary, reimbursement of the airfare for his return to Shanghai to visit relatives, and compensation for his dismissal. In the end, the negotiation failed, and the company was forced to issue a dismissal notice (the dismissal notice was dismissed on the grounds that the other party failed the performance appraisal and violated labor discipline). The sales director applied for labor arbitration, and hired two lawyers. With the help of the lawyers, he filed an arbitration application: pay double compensation for dismissal without reason, pay 7 months' performance salary, reimburse the return flight to Shanghai to visit relatives, and reimburse those who come to Guangzhou. Accommodation subsidy and lawyer's fee of 5,000 yuan.
The company received a labor arbitration notice 10 days later, requiring the company to provide evidence.
The company hired a lawyer and prepared all the materials for responding to the lawsuit, but in the end it lost.
Arbitration award payment: double compensation for unreasonable dismissal, payment of 7-month performance salary, reimbursement of air tickets back to Shanghai to visit relatives, reimbursement of accommodation subsidies to Guangzhou, and payment of lawyer fees of 5,000 yuan. A total of more than 270,000 yuan.
Here comes the king's question:
Since it has been decided to lay off or dismiss employees, why can't we get together and leave? Why can't the company pay employees reasonable compensation in a timely manner? Do I have to go to a labor arbitration company to compensate employees? It seems that companies must be cautious in employing people, otherwise they may face the risk of being arbitrated by employees.
In dealing with the issue of employee compensation, it is suggested that the company should listen to the professional opinions of HR. As the leader of the company, don't take it for granted. For those who take things for granted, Lao Wang thinks it is too conceited.
Some behaviors of the company really make HR speechless. Why doesn't the company give HR a voice in the company? Is HR just a decoration in the company?