Will HR falsely report benefits before starting a job? What should I do if I encounter it?
As a job seeker, you must remember one thing: "Things that don't fall on paper, don't take them seriously."
For working people, the most important contents on paper include two items: labor contract and salary-related clauses.
As far as labor contracts and salary regulations are concerned, only one number is clear, the amount and structure of wages. For the rest, if you just rely on the company's verbal promises, it will only be a dumb loss if it is not fulfilled.
Because when a labor dispute occurs, the court only recognizes the evidence. In the end, even if you are indignant because your verbal promise has not been fulfilled, you can only choose to leave sadly.
Based on this, job seekers must pay attention to the following points when signing contracts with companies.
1
Wages and allowances
The salary structure that many companies will adopt is to divide the employee's salary into two parts: salary + allowance.
For example, an employee's pre-tax salary is $10,000, but it is divided into two parts on the payroll: salary 3000 + subsidy 7000. If you don't think about it, it makes no difference. But this is not the case, there are too many "doorways".
At the legal level, the wage component is protected by the highest level of labor law, as follows:
It cannot be lower than the local minimum wage.
Pay personal income tax, provident fund, social security and medical insurance according to this standard.
When layoffs are made, compensation is based on this standard.
No flexible space, no default
Subsidies mean additional conditions.
For example, subsidies for many businesses are paid in the name of travel subsidies, clothing subsidies, meal subsidies, outdoor work subsidies, etc. However, in addition to these names, there are actually some necessary conditions implied. If the company's performance is not good one day, or it wants to force employees to leave, the company can cancel this part of the subsidy without violating the law, and the reason may be that the payment conditions no longer exist. But for employees, it essentially amounts to a pay cut.
Since the subsidy is not strictly protected by law, it is difficult to file a lawsuit and obtain evidence even if the employee is dissatisfied.
Therefore, job seekers must understand the composition of wages and whether they have paid the provident fund and social security in full before signing a labor contract. In addition, we also try to make verbal commitments into words.
2
12 + N salary
A 12+n (eg 14, 16) salary is a very common salary structure these days. By default, it is part of the employee's fixed salary. However, it is very important that the n in the 12 + n salary is not part of the statutory basic salary and is not protected by the highest law, which is reflected in the personal income tax.
Before the new tax reform in 2019, the n in the 12+n salary was classified as a year-end bonus. The tax rate is high, but if it exceeds a certain percentage, there is a one-time tax benefit.
Therefore, in order to help employees legally avoid taxes, my company combines the n in n 12 + n with the year-end bonus (related to the profit of the business unit), and calculates it as the employee's year-end bonus.
Therefore, there is a possibility that some "rogue" companies will refuse to issue the n part of 12 + n for various reasons when the business performance is not good. Therefore, even if an employee appeals, there is a problem that it is difficult to obtain evidence.
However, some official companies will clearly state in employee codes and internal salary documents that the n in 12 + n is part of the employee's fixed salary. In the event of a wage dispute between an employee and the business, these internal documents become evidence that can be upheld by the courts.
When our company lays off employees, the compensation for employees is generally based on the following formula:
((12+n)monthly salary+year-end bonus)/12(working years+3)
‘
But there is one more thing, everyone must pay attention: there is a working time limit to get n in 12 + n.
Some companies stipulate that n of 12+n can only be earned after an employee has served a full year (December 31).
However, other companies stipulate that employees can receive this n on a pro-rata basis even if they have not served a full year. For example, the employee only served 3 months in the year, so he gets 3/12*n.
3
Year-end awards
As the name suggests, the year-end bonus is actually a "year-end bonus". Whether and how many are closely related to the efficiency of the enterprise and the personal circumstances of the employees.
At the same time, when a labor dispute occurs between an employee and an enterprise, the labor arbitration department (or court) usually does not directly impose a fine, and both parties need to submit sufficient evidence. Therefore, for workers, one is to provide relevant documents and the other is to submit their own performance documents.
This can also be easily exploited by some "bad" companies. When they want to "force" employees to leave, they often use no or less year-end bonuses as a way to reduce wages in disguise.
For example, a friend of mine does software development at a well-known e-commerce company. The leadership wanted to force him to leave and gave him a very low KPI (quarter). For the last few consecutive quarters, his quarterly bonus was zero.
In this company, KPI-related bonuses account for one-third of an employee's total payroll. So a friend equals a pay cut of over 30%.
4
whether to work overtime
Whether an enterprise is seriously working overtime depends on whether the enterprise has mandatory overtime regulations. In fact, at present, as long as the company is more formal, overtime (such as 996) will not be regarded as a company system, because it directly violates the law.
In fact, the main reason why employees can't stand overtime work is "cultural oppression".
For example, when you're off work, even if you're done and people around you don't leave, the person who leaves first will be the one with the "attitude problem." Just like "shooting the first bird," employees with "attitude problems" are the first to be punished during KPI evaluations.
In this culture, overtime eventually becomes the "unspoken rule." In such businesses, work efficiency and competency level are secondary considerations. Instead, the so-called "attitude" is a prerequisite.
In some cases, leaders don't rhetorically promote a culture of overtime, but instead encourages everyone to work productively and happily. But on the other hand, when scheduling the workload, it increases the workload to the limit. In the end, employees can only work overtime, otherwise they will not be able to complete the work at all, which will affect the KPI evaluation, and finally affect the income.
So if working overtime is an important criterion for you in your job search, don't listen to the interviewer's verbal promises. I teach you one of the most effective methods: go to the company after 9 p.m. and conduct a "site visit" to see if the company office area is still "peopled".
If it is, then it can basically be determined that this is a company with serious overtime.
5
fruit, fitness, travel, etc.
"soft" benefits
In my opinion as a "workplace veteran", these benefits are completely negligible.
The company I work for has almost all of these benefits. I also participated in the administration of these benefits as a member of the "employee club", which cost about 2,000 yuan per person per year.
Therefore, instead of fighting for these things, it is better to fight for a monthly salary increase of 1,000 yuan. And don't forget that these soft benefits will be the first to be cut by the company once the company's benefits are not good.
From a business management point of view, these soft benefits are equivalent to "coaxing" children into candy. Not much money, but "sweet". Dare we are all grown ups and should no longer be blinded by these flashy things.
In the end, again, there is only one thing that is reliable for job seekers, and that is the actual salary that can fall on paper.