As the saying goes,
There is no harm without comparison
Workers all know that
What is the salary of
The "sincere" of the workplace is "a secret that cannot be told"
If you discuss
publicly, you will be angry and unfair
or seriously, it will cause chaos in corporate management
Then, if the salary is known by others,
, even if you accidentally leak
, what will happen?
Hema employee showed up and said that
was fired
Hema employee said that he was fired for "leakage of salary"
On February 16, Xiao Zheng from Jinan, Shandong said that on the day of payroll, he was fired by his colleagues because of his salary list, and was fired by Hema Fresh for "leakage of company secrets" as a "first-level violation", which caused heated discussion.
Xiao Zheng said that he did not intend to let others see it, and was dissatisfied with the punishment and asked the company to revoke the violation and apologize and compensate.
In response to this, Hema Fresh responded that the salary is a company secret and there are clear provisions in the employee manual. The staff did not specify whether Xiao Zheng’s salary information was intentionally leaked.
According to Jiupai News Video, Hema Fresh staff said that the Jinan Licheng District Arbitration Committee has entrusted a mediator to contact Hema for pre-trial mediation. In response to Xiao Zheng’s arbitration demand, “We will actively promote relevant parties to mediate and submit relevant evidence materials in accordance with the arbitration procedures.”
. Netizens express deep sympathy for Xiao Zheng’s experience: Is Hema covering up his low salary? Or find an excuse to lay off employees?
Is the corporate behavior reasonable?
Lawyer: Violating "equal pay for equal work"
for Hema, lawyer Lan Tianbin believes that if the company has clear regulations and it is publicly announced according to procedures, this move is legal.
. The employee said that it was not intentionally leaked, but was seen by others, so the dispute arises, and the company needs to bear the burden of proof, which is difficult to provide evidence.
But lawyer fu Jian has different opinions. He believes that the Labor Law stipulates that wage distribution should follow the principle of distribution according to work and implement "equal pay for equal work". The wage confidentiality agreement formulated by the enterprise results in the inability to compare equal pay horizontally, which violates the basic spirit of the law. Employees are fired on the grounds of leaking wages. There is no legal basis and can apply for arbitration or litigation.
Netizens also questioned: Which one is bigger, labor law or company employee manual?
Enterprises can implement the " secret salary system "
but cannot abuse
According to the Chinese government website, Article 46 of the " Labor Law of the People's Republic of China " stipulates that wage distribution should follow the principle of distribution according to work and implement equal pay for equal work; wage levels should be gradually increased on the basis of economic development; the state implements macro-control for the total wage. Article 47 of
stipulates that employers independently determine the salary distribution method and salary level of the unit in accordance with the law based on the production and operation characteristics and economic benefits of the unit.
According to Beijing Youth Network, there is neither a clear requirement in the current laws of my country that corporate salaries must be disclosed, nor a specific provision prohibiting companies from implementing confidentiality of salary. In reality, foreign-funded enterprises and private enterprises are often keen on the "secret salary system".
implements the "secret salary system" and the "clear salary system" each have their own benefits. For example, the former can prevent employees from comparing with their salary, facilitate companies to control labor costs, maintain companies’ flexibility in salary execution, facilitate them to recruit or retain talents, and protect employees’ personal income privacy, etc.
The latter is conducive to protecting employees' right to know and participation, improving employees' sense of trust in the company, especially to enhance the incentive effect brought by salary and performance. From the perspective of workers, of course I hope that the salary standards will be open and transparent, and that the salary will be clear and different.
Enterprises can implement the "secret salary system", but they should clarify the boundaries, clarify the bottom line, seek profit and avoid harm, and not abuse it. According to the provisions of of the Labor Contract Law of , when employers formulate, modify or decide on rules and regulations or major matters that directly involve the vital interests of workers, such as labor remuneration, insurance and welfare, they shall be discussed by the employee representative meeting or all employees.
Employers shall publicize rules and regulations and major matter decisions that directly involve the vital interests of workers, or inform workers. Therefore, even if the company regards employee salaries as a secret, the rules regarding the "secret salary system" cannot be secret. It is necessary to perform procedures such as employee discussion, equal consultation, publicity, and notification, fully listen to opinions from all parties and accept supervision.
In many companies,
There is still a gap between law and practice
Hope the Labor Law can be implemented
Protect the rights and interests of every worker
How much does it cost?
Workers still need dignity
Comprehensive from: Jiupai News, China Government Network, Beijing Youth Network, Daily Economic News, New Yellow River Client, Boss Network, Boss Network
Source: Shanghai News Broadcast
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