Is last-place elimination legal? Does a cruel system in the workplace conflict with labor laws?
The last-place elimination mechanism, I believe that everyone in the workplace has never encountered it, and has always heard of it. A system implemented by a company in pursuit of high performance, especially in sales positions or positions where competition is more intense.
The last elimination mechanism is divided into two types. The first is performance appraisal, that is, if the company does not meet the minimum performance stipulated by the company, it will be eliminated. Some will be the same month, and some will have an inspection period of several months.
The other is the most straightforward last-place elimination, that is, the immediate elimination of the bottom of the task target or performance score, of course, the assessment of the month or the assessment of consecutive months.
So is the last-place elimination mechanism legal?
Obviously, it is not completely legal. According to Article 40 of the Labor Law, if the worker is not competent for the job, and after training or adjustment of the job position, he is still not competent for the job; the enterprise may notify the worker in writing 30 days in advance or The labor contract is terminated by paying an additional month's salary (n+1) to the laborer.
That is to say, if your performance or performance appraisal is always at the bottom, then the company can completely regard you as incompetent for the job, and what the company should do at this time is to train or adjust your job position, not to eliminate it directly.
Therefore, when an enterprise is directly eliminated, it has violated the labor law, and you can take up the weapon of the law to protect your legal rights and interests.
But there is a point that is not easy to define here is training, what is training? Go to specialized training institutions, or in-company training, in-company open class training, or one-on-one coaching training.
When the company says that you have been trained, your performance or performance is still at the bottom, so the dismissal is obviously not completely unreasonable, and what we need to do at this time is to pay attention to the company's next actions.
Whether it is notified in writing 30 days in advance and whether additional compensation can be paid in full, and then the labor contract is terminated normally, if the enterprise has done a good job, it is understandable.
If you can't even do this, then you need to consider two issues. First, how to protect your rights through the law, and second, whether you have clearly informed yourself before you came to this company and whether you have accepted these terms.
Acceptance does not mean legality, but in today's labor law has not been fully popularized, what we can do is whether the company promises at the beginning of entry, and then consider rights protection or accept the reality.
In general, the last-place elimination mechanism is not legal, but I prefer that we choose some formal enterprises at the beginning of choosing a career. If it is a small and medium-sized enterprise, we should also fully understand whether the company's various systems are acceptable. Welfare benefits can best fall on paper. After all, many verbal promises are just a beautiful pie.
Once we encounter these things, we should calm down first, and then solve it in the best way. At the same time, we will seize the time to find a more suitable company, and we don’t have to worry about small gains and losses.