Shen Binti lawyers from times weekly interview ZTE "elimination"

The blogTransfer of the relevant report

ZTE disguised layoffs within half a year6000The staff was "C"

        Times weekly reporter Huang Dijuan

In the Zte Corp (hereinafter referred to as ZTE) Shenzhen headquarters for nearly two years of Lu Xin, a few days before the Spring Festival with the company signed an agreement. In his latest performance assessment by the end of the"BeC"The company, to"Incompetent"For its dismissal.

Was sent to work Africa department a year of mohair, is last year7Month suddenly receive company personnel department phone, was told it in the first half of the examination"BeC"As soon as possible, to be signed an agreement.

Lu Xin and Mao Haisui are the relationship between colleagues, because in different departments, between each other is not know. To meet the two of them, all because of aQQGroup, members of this group there are two recent batch"BeC"ZTE employees.

According to Lu Xin, Xiong maohai reflected, since the2009Years, ZTE internal began to strictly enforce a staff position every six months out of the system, each department has5%Rigid index about employees, mandatory elimination.

"Every half an year out5%, a year is down10%. At present, Zhongxing staff more than6Million people, according to this proportion, ZTE last year was laid off6000People."Mao Hai said. He told theQThe group members all think, so rigid index of elimination, is more like a disguised layoffs.

Half a year5%Rigid selection index

"BeC"Is a saying ZTE between internal employees in the company, each half of the performance appraisal in theCThe employee will be dismissed. On this is also known as the last phase system.

Mao Hai's Africa Office101People, and he also"BeC"Also4Colleagues. He clearly remember, an examination six months ago, his office, and in this way,5A colleague.

"They say there is no way, is a rigid target of company, must have5%People walk."Through to the personnel department after the phone call, Mao Haiceng and his direct leadership had communication, still get the helpless people.

According to reports from NanjingQLord Su Cao, the group members from all over Beijing, such as ZTE, Shanghai, Shenzhen, Nanjing, from different systems in different departments, such as market system, R & D system, logistics system."We know each other, your department has a fixed number, out of the indicators are mandatory, each half of the proportion in the5%About."Su Cao said.

But a mandatory, according to ZTE5%The proportion of elimination of the last statement, they told reporters, did not see the associated expressly. They generally reflect, department are executed in accordance with such standards, the competent leadership orHRTo their employees had such formulation, and internal staff default argument.

"No rules, no permission to see the general staff. But in the assessment, there are provisions playCProportion. In ZTE, beatenCThat means to be cut or dismissal."Li Zhen from Beijing says, he is also the two batch of the assessment isCOff.

According to Li Zhen learned of the situation is eliminated by the company headquarters, indexHRThe layers of decomposition to the various departments. Then, ministers will be eliminated list decomposition to the various departments within the department. If the secretary is not timely filed out of the list, is to be punished, including fines, or even dismissal wage.

"According to this provision, regardless of profit or no profit, these departments are out of proportion to that of almost."Li Zhen said, not reasonable place with this approach is that, if the departments are very outstanding, have to find people to eliminate the ranking at the end of the.

Times weekly reporter ZTE whether mandatory elimination system to prove the zte. ZTE brand communications manager cuckoo said:"ZTE has implemented the last phase system. This belongs to the normal flow of personnel, but it does not regulate every half a year5%Rigid selection index. My department is not the case."At the same time, the reporter also call the ZTE's human resources department, the relevant staff also denied the existence of rigid elimination is ZTE, also is not willing to disclose2009The number of people year specific elimination.

Assessment mechanism suffered serious question

In fact, the last one eliminated is as a kind of incentive mechanism, is a common practice for many enterprises. Enterprises can this to optimize structure of internal human resources. Earlier, ZTE's rivals Huawei, also because of excessive5%The last phase system, all employees of criticism.

"From the enterprise perspective, the company to develop, to compete for talent, the survival of the fittest is very normal thing. But the key is eliminated is reasonable."Li Zhen times weekly to reporters that the.

See in a times weekly reporter obtained about ZTE internal staff performance management files, assessment rules"The incompetent staff, should arrange training to promote its performance improvement, or adjustment of status. If the training or changing of the guard is still not qualified, should be eliminated."

"Years ago announced the list out just know me, the reasons given by the company is:Incompetent, could not be competent after adjusting gang or training."ZTE Guangzhou Department Tang Jie, because"BeC"At present already left."But the fact is, I adjusted the gang from has not been arranged, the past year has not received any training."A similar situation in Tang Jie encounterQGroup members are also many.

In addition, the elimination of employees did not get a reasonable compensation. Most beCStaff to reflect, ZTE only to be eliminated employees (N+1)*The basic wage compensation. But according to the Beijing labor law expert, Ministry of labor and personnel with lawyer Shen Binti times weekly to reporters, post enterprises this self prescribed elimination system approach is to contradict the labor law. Downsizing is legally terminate the labor relationship, but the bottom out of staff, is actually the enterprise labor relations in the illegal."This illegal termination of labor relations, eliminated the employee has the right to recover by arbitration and labor relations, labor relations, employee is asked to get (2N+1)*Pay double compensation."Shen said the lawyer, elimination is essentially a disguised, implicit redundancy.

Since the enterprise can legally layoffs, but why illegal to bottom out? Some legal scholars to times weekly reporter pointed out, this is because the enterprise may not be up to the job conditions, but the enterprise want to fixed annually to reduce the staff, in order to reduce the high human cost, thereby absorb lower labor costs.

According to public information, ZTE annually on a large scale campus recruitment.2009Years10Month20Date, ZTE started2010The global campus recruitment session, the recruitment scale of4000People.

Because it was not clear cut and compensation is not reasonable, there have been a number of ZTE employees began to seek legal aid, to the local labor bureau to apply for labor arbitration.

The success of Shanghai employees have applied for arbitration"Heavy shoulder at"(the employee name), but also to the incompetent grounds by theCThe."Heavy shoulder at"After the procedure, has gained the support of the court. In his blog detailed records and arbitration of the whole process, the group isCGuidelines for employees seek legal aid cases.

He thinks,"Examination is not passed, is not equal to not work. Since the examination way is forced back by people not, if we are100%Can be competent for the job, which means there must be able to work but not by examination results. Evaluation mechanism of ZTE serious problems."

Eliminating efficiency

According to ZTE's public information, the enterprises from the1997Years has been the implementation of the last phase system. Since it is always in the implementation of the system, why only now been criticized so strong?

On work5Years of Li Zhen said,2008Years ago, ZTE did not enforce the system,"Resign one can act asCClass number, but the Department if no staff can playCThere is no need to list. Out of a flexible mechanism."

But from the2009Year, the management announced to strictly enforce the last phase system, elimination has become a hard and fast rules.

In fact, ZTE has many interior modulation action in the past year, through"Hard skills"To shorten the gap with competitors. According to a ZTE internal publication reporter obtained,CEOYin YiminIn the2009Years of operation of summing up the work, the2009Years is defined as ZTE"Efficiency of years", core mission is to enhance the company's efficiency. He emphasizes, ZTE2009The overall scale of increase than human ascension, the per capita efficiency is improved."Must see company on the efficiency enhancement is a very big space."

ZTE released2009Years of pre report said, ZTE's performance increase. Report,2009Year, ZTE is expected to achieve a net profit of approximately23.74Billion-25.90Billion yuan, a year-on-year growth of43%-56%. Overall sales figures were not released. But Yin Yimin put forward,2009Years of overall business objectives of contract sales800Billion yuan, and the gap between the Huawei still evident, Huawei sales have breakthrough200Billion dollars.

It is understood,2008Years ago, the personnel management of ZTE by Zhou Susu was senior vice president in charge of zte.2008Years3Month19Day, Zhou Susu for illegal sale of stock and ZTE announced his resignation. Since then, ZTE announced a new, new senior vice president Qiu Weizhao to replace Zhou Susu in charge of personnel center. Public executive data shows, Qiu Weizhao is1998Joined ZTE and served as vice president, logistics and procurement work has been in charge of the company's earlier.

In an interview with the high Weizhao magazine article, Qiu said that,"Company commitment2009Years"No layoffs, no pay cuts". But the staff appraisal out must not relax, scale invariant, efforts to increase, the pressure to increase the examination content."

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[introduction] Shen lawyersShen Binti, female, lawyer, Beijing Lawyer Association Youth Committee, the Beijing municipal labor and Social Security Law Committee,Xiamen University, master of law, Beijing labor law experts. Lawyer Shen Binti is mainly engaged in the research of legal risk prevention and control law of labor disputes and personnel system and practice, focus onLabor dispute solution and to make, modify, improve employee handbook, the prohibition of business strife, confidentiality agreement and other personnel management system, to provide labor law training, working as a corporate law specialLegal adviser. Shen Binti lawyer contact: Address: Beijing City outward practiceMENFinance and Trade Center (quintiles building on the south side)BSeat8Layer804Tannin law firm;E-mail: shenbinti@yahoo.com.cn  Business telephone:(+86)13661313967 (+86)15301115671 Interactive blog:Http://blog.sina.com.cn/shenbinti