Hello everyone, I'm the principal.
These two days, if you look at the hot search on various Internet platforms, especially the hot search topics related to recruitment, you will have an illusion, that is, the Internet industry seems to be declining, and major Internet companies are laying off employees.
Yesterday, there was a praise and was exposed to the news of large layoffs, and the work cards of the dismissed employees were box by box, and the Network rumored that 50% of the layoffs were made.
Then, before going to bed last night, I saw another message: Didi Hangzhou laid off employees, of course, Didi's life is understandable, after all... Right.
In fact, not only these two, the Internet companies that broke the news of layoffs last week are: JD.com's Jingxi business line layoffs, as well as Dingdong layoffs and so on.
A week further up, China's two largest Internet companies, Ali and Tencent, are also adjusting their structures, and the proportion is not small.
I feel that I am embarrassed to call myself an Internet company without laying off employees now.
Of course, under the tide of layoffs, last night there was a message that rushed to the Weibo hot search list, and Lei Jun would shed tears when he saw it, that is: #Inability to do the job can not become the reason for dismissal.#
The thing is that Xiaomi's employee He Mou was dismissed by Xiaomi, and the reason for the dismissal was that the performance appraisal was low and he was not competent for the job.
However, He sued Xiaomi, and the court ruled that Xiaomi lost the lawsuit, on the grounds that it could not be a reason for dismissal if he could not do his job.
According to the Provisions of the Labor Law, only employees who are incompetent and are still unable to perform the work after training or adjustment of their jobs can be dismissed.
That is to say, if your performance appraisal is not up to standard, the company can not directly dismiss you, you must be trained again or adjusted to the appropriate position, if after training, you are not competent before you can be dismissed.
Xiaomi's problem this time is that the employee only signed the PIP, that is to say, it is determined that the employee is temporarily incompetent, but Xiaomi did not come up with evidence to prove that they trained the employee, or adjusted his position, and directly decided to let the employee leave.
Attempts to use "incompetence" to evict employees are often subject to strict scrutiny by the courts – because incompetence is often a matter of verbal service, with no actual evidence, and no proper training and transfers.
Therefore, under the situation of increasing layoffs, this judgment is very good to rush to the hot search. Because the most meaningful part of this matter is to popularize the law to the working people of the whole country, tell everyone: #Incompetent work can not become a reason for dismissal#, so in the future, some units will dismiss employees for such reasons, and everyone can take up the weapon of law to protect their rights and interests.
After all, the reasons for layoffs in many companies are nothing more than the following situations: industry downturn, cash flow disruption, business direction adjustment, internal organizational optimization, performance appraisal at the bottom, inability to do the job...
Therefore, everyone remembers: the assessment is at the bottom and you are not competent for the job, the company cannot directly dismiss you, and if you are dismissed for this reason, the company still needs to compensate you.
Hopefully, this hot search will stay a little longer.
I know that Lei Junlei may not think so, after all, I don't want to take Xiaomi as an example, when the negative model gives everyone a popular law.