I believe everyone has heard of this story. In ancient times, several Chu people competed to draw snakes. One of them wanted to show off his skills and drew some feet on his snake. As a result, he did something stupid and lost the wine. Now, in the process of employing people, similar stories often happen. Here I have sorted out the top ten stupid things in the work of the unit.

Ten stupid jobs in the unit 1 1. Punish employees for breach of contract and job-hopping by detaining files.

Failure index: ★★★★★★★

Infectious index: ★★★★★★★

Let's hear it: A year ago, a machinery factory in Shanghai signed a labor contract with Zhou Xiao (a non-Shanghai graduate). The factory gave Zhou Xiao's university an education subsidy, and put Zhou Xiao's registered permanent residence in the factory's collective household.

The two sides agreed in the labor contract that Zhou Xiao must serve the enterprise for five years, and if Zhou Xiao terminates the labor contract ahead of schedule, it shall pay liquidated damages. Six months later, Zhou Xiao offered to resign. Machinery factory approved Zhou Xiao's resignation, but demanded to pay liquidated damages. Zhou Xiao refused, and the machinery factory refused to handle the resignation formalities for Zhou Xiao, and detained his personnel file.

Three months later, Zhou Xiao filed a labor dispute arbitration, demanding that the machinery factory handle the resignation procedures and hand over the personnel files. The factory filed a counterclaim, demanding that Zhou Xiao pay liquidated damages. As a result, the arbitral tribunal only supported Zhou Xiao's request, but not the request of the factory.

Where is the stupidity: it is the legal obligation of the employer to go through the resignation procedures. After Zhou Xiao submitted his resignation, the factory approved it, that is, he should handle the resignation formalities for Zhou Xiao in time. Violations of workers' employment rights should be corrected. The counterclaim of machinery factory is different, which reflects a kind of property relationship and is generally limited by the limitation period in law.

Because the machinery factory did not file a labor dispute arbitration within 60 days after Zhou Xiao refused to pay the liquidated damages, he gave up the opportunity to claim his rights. Similarly, if it is not affected by the limitation, the machinery factory should also bear civil liability to compensate Zhou Xiao for the corresponding losses caused by the delay in shutdown.

Gold finger: After the employer terminates or terminates the labor relationship with the employee, the employer shall complete the formalities of resignation registration and filing within 7 days, and do a good job in handing over the personnel files. If the employee leaves the company in breach of contract, please submit an arbitration application to the Labor Dispute Arbitration Committee within the validity period.

Two, in order to facilitate the dismissal of employees, continue to use the "expired contract".

Failure index: ★★★★★★★

Infectious index: ★★★★★

Let's hear it: a five-year labor contract of a company in Shanghai is about to expire. The new manager is not satisfied with his performance, but he can't find a suitable candidate at present. The two sides did not terminate the labor relationship, but they did not renew the contract. Three months later, the manager found a new person and informed Xiao Xia that the contract had expired and the company decided to terminate the labor relationship from now on. Xiao Xia refused to terminate the labor relations immediately and demanded economic compensation.

If negotiation fails, Xiao Xia submitted the labor dispute to arbitration, and the arbitration tribunal did not support its request for economic compensation. Xiao Xia refused to accept the lawsuit, and finally got the economic compensation equivalent to five months' salary of more than 32,000 yuan.

Where is the stupidity: If the written labor contract is actually fulfilled after the expiration of the labor contract, it can be concluded that the laborer and the employer have maintained a de facto labor relationship. Rules of shanghai labor contract stipulates that if a labor contract is not concluded, the employee may terminate the labor relationship at any time, and the employer shall notify the employee 30 days in advance. As for whether workers have the right to claim economic compensation, there are different regulations in various localities and departments.

According to the standards of Shanghai Labor Arbitration Organization, as long as the unit notifies one month in advance, it will not undertake other obligations and does not need economic compensation. The Shanghai Higher People's Court held that the people's court should support the employer's proposal to terminate the relationship and the laborer's request to the employer to pay economic compensation.

Goldfinger: Because the opinions of arbitration and the court are different, in this case, the employer should try to negotiate with the workers, and it is best not to take the lawsuit to the court. In order to avoid unnecessary losses, it can also be noted in the labor contract that if both parties fail to notify the other party to terminate the labor relationship at the expiration of the contract, it is deemed that they have agreed to extend the contract term for one month.

Third, the labor contract stipulates the service period and liquidated damages, and also stipulates the probation period.

Failure index: ★★★★★★★

Infectious index: ★★★★★

Let's hear it: Lingyun applied for employment from June, 5438 to October, 2003, signed a five-year labor contract and agreed on a six-month probation period. From June 5438 to February 2003, the company sent Lingyun to Japan for a three-month technical training, and signed a training agreement with Lingyun.

According to the agreement, Lingyun will serve the enterprise for 5 years after the training; If you resign during the service, you have to pay a training fee of 50 thousand yuan. In February 2004, Lingyun returned to the company after completing the training, and soon offered to resign. The company asked Lingyun to compensate the company for training fees according to the training agreement, but it was rejected. The company filed a compensation training fee with the labor dispute arbitration tribunal, which was not supported.

Where is the stupidity: During the probation period, employees can notify the employer to terminate the labor contract at any time. In addition, the service period is the period during which the laborer promises to serve the employer because he accepts the special treatment given by the employer. But when the two overlap, the probation period should be applied first.

Because during the probation period, the laborer has the right to terminate the contract at will, which is the privilege given to the laborer by the labor law, and the employer has no right to restrict it in the form of contract or agreement. As for whether the loss should be compensated, according to the provisions of the former General Office of the Ministry of Labor, if the employee proposes to terminate the labor relationship with the unit, the employer may not ask the employee to pay the training fee during the probation period.

Goldfinger: Probation period is not a necessary clause in the labor contract. At the beginning, the company had an agreed probation period, but Lingyun went abroad and let him become a full member in advance. 17hrHuman Resources Community [! Female/female; w. N) b" F( R

Four, the labor contract stipulated liquidated damages, but the amount is lower than the actual loss.

Failure index: ★★★★★

Infectious index: ★★★★★★★

Let's listen: Two years ago, a Shanghai company sent its employee Macey abroad for technical training. Both parties agree that if Macey leaves his job after less than five years of training, he shall pay a penalty of 20,000 yuan, and compensate the training fee of 50,000 yuan according to the way of decreasing service years year by year.

Now Macey has decided to change jobs for some reason, and the company demands to pay a penalty of 20,000 yuan and compensate the economic loss of 30,000 yuan (the service period has expired for 2 years), totaling 50,000 yuan. Macey thought that the compensation was too much, so he initiated labor dispute arbitration. Finally, after mediation, Macey only compensated the economic loss of 30,000 yuan, and no longer paid the liquidated damages.

Where is stupidity? Macey enjoyed the special treatment of company-funded training from the beginning, and should pay liquidated damages after breach of contract. In addition, if economic losses are caused to the other party, it shall be liable for compensation according to the actual losses.

However, the Shanghai Municipal Labor and Social Security Bureau stipulates: "If the amount of liquidated damages agreed by both parties is higher than the actual losses caused to the employer by the employee's breach of contract, the employee shall bear the liquidated damages according to the agreement of both parties; If the agreed amount of liquidated damages is lower than the actual loss, and the employer demands compensation, the laborer shall compensate according to the actual loss. "

In fact, the principle of choosing between liquidated damages and compensation is stipulated. As the amount of liquidated damages in Macey is lower than the actual loss, it is obviously of little significance.

Goldfinger: In Shanghai and other places, the amount of liquidated damages agreed in the labor contract can be slightly higher than the actual loss. However, according to the provisions of the Beijing Labor Contract, "the liquidated damages paid by the laborer to the employer shall not exceed the total wages of 12 months before the termination of the labor contract."

5. Economic compensation for non-competition shall be paid together with wages.

Failure index: ★★★★★

Infectious index: ★★★★★

Let's hear it: Two years ago, a pharmaceutical company in Shanghai signed a non-competition agreement with Cai Xiao, stipulating that it would not work for itself or in the same kind of enterprises that are competitive with the company for two years after leaving the company, otherwise it would bear the liability for breach of contract and economic compensation.

Since last year, the company has notified him to increase 800 yuan's "non-competition compensation fee" every month in his salary. This year, Cai Xiao resigned, violating the non-competition agreement. The company filed an arbitration with the Labor Dispute Arbitration Committee, demanding that Cai Xiao fulfill its obligation to compensate economic losses, but it was not supported.

Where is the stupidity: the non-competition clause is a delayed entry-into-force clause in the labor contract, which takes effect after the labor contract is dissolved or terminated. Because it restricts the right of workers to choose jobs within a certain period of time, if the non-competition clause is stipulated in the labor contract or confidentiality agreement, economic compensation must be stipulated.

This kind of economic compensation should be given after the dissolution or termination of the labor contract. The company should add a sum of money to the monthly salary of employees, which should not be used as economic compensation for non-competition.

Gold finger: Economic compensation for non-competition can be given in one lump sum or by stages after employees leave their jobs, and the standard is agreed by both parties. Disputes arising from this will generally be recognized by Shanghai arbitration institutions as 20% to 30% of the average wage income of workers in the first 12 months (less than 12 months, according to the actual number of months).

6. Replace social insurance premium with "high salary".

Failure index: ★★★★★

Infectious index: ★★★★★

Let's hear it: in order to attract talents, an online company in Pudong, Shanghai agreed to increase its salary by 1000 yuan per month, and the company no longer paid social insurance premiums for its employees. However, Xiao Yao, an employee, asked to report to the labor inspection brigade immediately after leaving his job, and asked the company to pay the social insurance premium during his work, which was supported.

Where is stupidity? The Labor Law stipulates: "Employers and workers must participate in social insurance and pay social insurance premiums according to law." Social insurance is not only the right of workers, but also the national interest.

Therefore, even if workers do not want to participate in social insurance, it is impossible. It is illegal to replace social insurance with high salary or commercial insurance, and it is illegal for workers to undertake social insurance obligations that should be borne by employers. The obligation of employers to pay social insurance premiums is still inevitable.

Goldfinger: At present, the high cost and rigid mechanism of urban endowment insurance have really affected the enthusiasm of employers to participate in insurance. In contrast, the overall "threshold" of Shanghai's "town insurance" is low, reflecting the multi-level social security level, so we might as well give it a try.

Seven, funded training staff, but failed to produce payment vouchers.

Failure index: ★★★★★

Infectious index: ★★★★★

Let's hear it: In July 2003, in order to improve the technical level of maintenance workers, an automobile factory invited senior technicians from outside the factory for technical training, and added a lot of training equipment for this purpose. The automobile factory stipulates that trained workers who resign before the expiration of the contract must compensate the automobile factory for the training fee of 5,000 yuan. Xiaoqiu resigned recently. He believes that there is no basis for the automobile factory to claim compensation for training fees and applies for labor dispute arbitration. Under the mediation of the labor dispute arbitration commission, the automobile factory no longer insists on compensation for training fees.

Where is stupidity? The employer advocates that the training fee for early termination of the labor contract is limited to the scope of "funded training".

Specifically refers to one of the following situations:

(1) Entrust full-time colleges, research institutes, training centers and vocational schools to train students.

(2) academic training.

(three) foreign language proficiency training, professional and technical titles (promotion) training, labor skills training and other capacity training.

(4) Training, further study, studying abroad or in other places, being a visiting scholar, etc. Its expenses include various tuition and fees, round-trip transportation expenses, settling-in expenses and living allowance during going abroad. The payment voucher provided by the employer mainly refers to the tuition and miscellaneous fees for employee training, and generally does not include the cost of hiring lecturers and purchasing equipment. If the automobile factory can't provide proof of payment, employees can refuse compensation.

Goldfinger: "Subsidized training" is a special treatment, and the training that all employees can enjoy is only internal training. However, for internal training with high gold content, it is also necessary to strictly select the target, and comprehensively formulate a job-hopping prevention plan in combination with factors such as promotion, salary increase and welfare.

Eight, probation personnel to set up an "empty city plan".

Failure index: ★★★★★

Infectious index: ★★★★★★★

Let's hear it: Xiao Lu applied for a company in Shanghai, and the company signed a probation contract with him, stipulating that the probation period is three months and the monthly salary is 1200 yuan; Sign a formal labor contract after passing the probation period, with a monthly salary of 2000 yuan and pay social insurance premiums;

During the probation period, both parties may terminate the labor relationship at any time, and the other party may not raise any objection. Two months later, the company proposed to terminate the labor relationship on the grounds that Xiao Lu did not meet the employment conditions during the probation period. Xiao Lu refused to accept the decision and submitted it to labor dispute arbitration. The arbitration ruled that the "probation period" contract was invalid, but the company could not terminate the labor relationship, and should also pay 2,000 yuan in salary and pay social insurance premiums during the "probation period".

Where is the stupidity: concluding a labor contract is a prerequisite for the probation period, and it is not allowed to sign a "probation contract" without signing a labor contract; Or the labor contract only stipulates the probation period, but not the contract period.

The rules of shanghai labor contract stipulates: "If the parties to a labor contract only agree on the probation period, the probation period is not established, and the probation period is the term of the labor contract." Accordingly, Xiao Lu's "probation contract" is not established, and the three-month "probation" should be regarded as the contract term. During the contract period rather than the probation period, the employer cannot terminate the labor relationship on the grounds that it does not meet the employment conditions.

In addition, since both parties have agreed that the salary after becoming a regular employee is 2,000 yuan, during the "probation period", Xiao Lu can ask the employer to pay the salary equivalent to that after becoming a regular employee. However, local regulations are slightly different.

Goldfinger: If the employer wants to try employees for three to six months before deciding whether to sign a long-term labor contract, it is best to sign a labor contract for three to six months first, and then decide whether to renew it according to business needs, employee's work performance and other factors.

Nine, in order to control the cost of overtime, overtime pay is clearly marked.

Failure index: ★★★★

Infectious index: ★★★★★

Let's hear it: a shopping mall in Shanghai has a "clear price tag" for employees' overtime pay, such as stipulating overtime at night 1 hour 6 yuan; Weekend 1 hour 10 yuan, 1 day 50 yuan capped; Statutory holidays 1 hour 20 yuan, 1 day 100 Yuan capped. Lao Yang, the manager of the department, feels very disadvantaged because the overtime pay calculated according to 70% of the monthly salary for normal attendance at his post is higher than the "clearly marked" salary in the mall. When he resigned, he asked the shopping mall to make up the difference in overtime pay owed in accordance with the provisions of the labor law. If negotiation fails, Lao Yang will file a labor dispute arbitration and get support.

Where is stupidity? According to the provisions of the labor law, those who work overtime at ordinary times shall be paid no less than 150% of the salary. If you work overtime on rest days and can't arrange compensatory time off, you will be paid no less than 200% of your salary; Those who work overtime on legal holidays shall be paid no less than 300% of their wages.

Of course, if the economic benefit of the unit is good, as long as the "clearly marked" overtime pay is not lower than the statutory overtime pay standard for employees, it is also allowed. However, if the wage gap between employees is relatively large, employees with high wages will still feel cheated and think that the company has handled it unfairly.

Gold finger: overtime pay is not necessarily calculated according to 70% of the monthly salary of the laborer, but can also be determined according to the salary standard corresponding to the position (position) of the laborer agreed in the labor contract. The latter is more conducive to employers to control overtime pay.

Ten, in order to retain talents for a long time, deliberately do not agree on the service period.

Failure index: ★★★★

Infectious index: ★★★★

Let's hear it: Three years ago, a foreign trade company prepared to expand its business in Europe, reimbursed Xiao Liu for studying advanced oral translation for three years and signed an open-ended labor contract with Xiao Liu. Xiao Liu resigned this year, and the company demanded compensation of 50,000 yuan for training fees. Xiao Liu refused to accept it and submitted it to labor dispute arbitration. As a result, he only paid 20 thousand yuan.

Where is the stupidity: According to the regulations of the former General Office of the Ministry of Labor, the employee proposes to terminate the labor relationship with the unit, and the expenses shall be borne by the employer. If the probation period expires, the employer may require the employee to pay the training fee during the contract period.

The specific payment method is: the agreed service years are divided into equal contributions according to the service years, and the employees' service years are paid in descending order; If the service period is not agreed, the capital contribution shall be divided into equal parts according to the labor contract, and the employee shall be paid progressively according to the fulfilled contract period; If there is no agreed contract term, the contribution will be divided into five years of service, and the employee's service period will be paid in descending order.

Top Ten Stupid Companies 2 1

Sign when asked, and don't even read the content.

Employee: "Leader, this is my hot work permit, please sign it."

Leader: "Do I still need to see this? Did the security officer see it? "

Employee: "She read it and said it was no problem."

Leader: "Oh, just look. Where to sign? "

Employee: "Just sign here."

The leader swished his signature and didn't even read the contents.

As a result, the fire caused an explosion.

2

The leader is not in the unit, so I want you to sign it for me.

Employee: "Leader, I have a hot work permit here. Would you please sign it? "

Leader: "I am not in the factory now. If all safety measures are in place, please take me to sign. "

Employee: "Don't worry, all the safety measures are in place, and you should have everything."

Leader: "OK, then you can sign it for me."

Employee: "OK" and then sign the name of Lao Wang, the leader.

As a result, the fire caused an explosion.

three

I have been doing this for ten years, and nothing has happened.

Lao Li: "The pulley is still turning. You can't just reach out and wipe it with your hands."

Lao Lin: "Nothing, I have been doing this for more than ten years, no problem!" " "

As a result, Lao Lin's hand was broken by machinery!

four

As long as you say you can do it, I dare to do it.

Boss: "Third, there is a welding job under the pit. Please add a blind plate to the pipe. "

Third: "OK, boss."

Second child: "Third child, it seems that we haven't detected the concentration of combustible gas. Otherwise, wait a minute, don't have any trouble! " "

Third: "Second, don't worry, the boss is experienced. If he says he can do it, I dare to do it. No problem! " "

Therefore, welding will lead to explosion.

five

When the leader gives you a verbal command, you immediately agree.

Leader: "Lao Zhang, the Henan project lacks a safety director. Will you do a part-time job? "

Lao Zhang: "Leader, I am already the safety director of Hebei project, and then I am from Henan, ok?"

Leader: "What's the matter? This is a part-time job. Take the young people over there. You don't have to go there. Just call for guidance. "

Lao Zhang: "Well, nothing."

As a result, an accident occurred in the Henan project, and Lao Zhang, the safety director, was sentenced.

six

If someone asks you for help, you will help.

Boss: "Xiao Wang, come here."

Xiao Wang: "What's the matter, boss?"

Boss: "How long have you been a hoisting conductor?"

Xiao Wang: "Almost three years. What's wrong? "

Boss: "Oh, that's a long time. Just in the morning, the driver asked for leave, and the job here was called. Please help me carry this pile of steel pipes to the yard over there. "

Xiao Wang: "Well, I am the hoisting conductor, but I can't hoist."

Boss: "Never eaten pork, never seen a pig run?" What's the use of asking you I can't help you at the critical moment. "

Xiao Wang: "Boss, don't worry. I will try, but I can't. We will think of other ways. "

As a result, Xiao Wang "tried", the steel pipe fell and the boss was injured.

seven

Equipment failure but not replacement, just want to strengthen education.

Xiao Li: "Boss, many functions of our forklift are out of order. How unsafe is it to use old ones? Shall we change it? "

Boss: "Xiao Li, you are not ignorant. Recently, the efficiency of our factory is not very good, and the security funds are also very tight. "

Xiao Li: "However, it is really unsafe to carry out forklift operations like this."

Boss: "This is not a problem. You can give forklift drivers more safety education and training, so that they can pay more attention at ordinary times. In extraordinary times, we have to use extraordinary strategies. "

Results: The forklift truck broke down, resulting in personal injury.

eight

Are you okay? Don't worry, I'll go down and save you.

Xiao Wang and Xiao Li go to the sewage underground for maintenance. Neither of them is wearing a air respirator. Xiao Wang directly took over the oil well operation, and Xiao Li was guarding it at the wellhead. fast ......

Xiao Wang: "Shit, my head is dizzy ..."

Xiao Li: "Brother, what's wrong with you? Say something ... What's going on? You talk ... "

Xiao Wang: "..." (unable to speak)

Xiao Li: "Don't worry, brother, I'll go down and save you right away!" " "

As a result, both of them were poisoned and fainted in the sewage well.

nine

You go to the scene and watch it.

Lao Zhang: "Boss, there are many irregularities in the field hoisting operation. The crane driver didn't have a work license, the commander got off work, and the hanging object was not fastened ....................................................................................................................................................

Boss: "oh, then why don't you waste something here?" Go to the scene and stare at me! " "

Lao Zhang: "but ... but it's no use staring at me."

Boss: "Do it! The construction period is so tight, you go to the scene to keep it for me, and you will bear it for me if something goes wrong! "

As a result, the lifting operation suffered heavy casualties, and both the boss and the safety officer Lao Zhang went in.

10

I'm not a professional and don't understand this.

Boss: "What do you think of this plan?"

Security officer: "I think it seems ok."

Boss: "What do you mean? It seems that I am not a professional either. I don't understand this. You say, is that okay? "

Security officer: "Well, that's the way it is anyway. That's it. "

As a result, after the work accident, both of them were jailed.

Top ten stupid things in the unit 3 first of all, I'm new here and I'm talking nonsense.

Second, I don't know manners.

Third, work blindly and diligently.

Fourth, I often work overtime after work.

Fifth, mistake the leader for a buddy.

6. Speak your mind to everyone.

Seven, emotions are written on the face.

Top ten stupid people at work

Unwilling to deal with leaders

The company never wants to attend the dinner party.

3. Have an open talk with the leader in charge.

4. Those who only know how to work hard and passively wait for the reward from the leader.

No one in the unit is afraid to offend.

If you feel that you are serious and responsible for your work, you can be promoted.

7. Don't care about being human at ordinary times, but use human feelings at critical times.

8. Say nice things in front of people and speak ill of them behind their backs

9. Emotional intelligence is low, say what you have.

10. Everything depends on yourself, a typical nice guy.