How to break the controversy over ＂epidemic＂ when the assessment system encounters ＂whatever you want＂？

　　[At the end of the year, how did these disputes over the "epidemic" break? ③ Strict standards should be "whatever you want".

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　　Under the epidemic situation, many enterprises have formulated corresponding reward and punishment mechanisms and assessment standards. However, some employees believe that some enterprises unilaterally and temporarily change the assessment system, and some of the standards are unreasonable. Lawyers said that when formulating rules and regulations, employers must strictly implement the corresponding democratic and publicity procedures, and fully protect the rights of employees to participate in the democratic management of employers through democratic procedures.

　　Wilson is a programmer of a technology development company. In recent half a month, because of the issue of year-end bonus, he has had some unpleasantness with the company.

　　Since the winter, Wilson and other programmers have chosen to work at home with the acquiescence of the company’s personnel department because of repeated epidemics. Unexpectedly, the year-end assessment of the unit pays performance bonuses based on the actual attendance days.

　　"Although we are at home, our work has not been delayed at all." Wilson, who was puzzled, asked: "In this case, how should the performance appraisal standard be determined?"

　　Under the epidemic situation, some enterprises are facing a test of survival, and some of them have formulated various reward and punishment mechanisms and assessment standards in order to reduce labor costs. However, some employees questioned that some assessment criteria were unreasonable. What is the basis for the company to formulate assessment standards? What procedures need to be followed? The reporter of Workers’ Daily interviewed and investigated this.

　　Employees "spit" and were fined.

　　Xiaolin is a clerk in a real estate marketing department in Guangzhou. She told reporters that before the outbreak, her income was very considerable. After the outbreak, the company laid off some employees for "self-help", and the existing employees changed from double breaks to single breaks, and the company required employees to complete their work within the date specified by the supervisor. If they failed to complete the work, 50% of their salary would be deducted, and if the circumstances were serious, 100% would be deducted.

　　"The original workload of three people has now become two or even one person, but the working period has not been relaxed." Xiaolin said that although the work intensity is getting stronger and stronger, she still chooses to stick to it because she is worried that it will be "difficult to find a better job" after losing her current job.

　　Xiaolin’s situation is not a case. During the epidemic period, some enterprises have formulated corresponding assessment systems, which involve fines. After logging in to platforms such as Zhihu, many netizens "spit out" their experience of being fined — — An enterprise in Wenzhou requires employees to take their temperature and punch in after the outbreak, and each person who fails to punch in on time will be fined 10 yuan every time; On the grounds of preventing the spread of the epidemic, an enterprise in Jiangsu fined 500 yuan every time for employees who sent and received express delivery in the enterprise; A sales company requires employees to make an appointment with customers for online communication and demonstration during their home office hours. If they fail to make an appointment, they will be fined 100 yuan every day.

　　The "Workers Daily" reporter found that many of them, whether Xiaolin or netizens who "spit" on the online platform, thought that the company’s fine was unreasonable, but most of them chose to accept it helplessly.

　　The assessment system encounters "whatever you want"

　　The reporter learned that from the employees’ "spit" about "unreasonable assessment of enterprises during the epidemic", there are many cases in which enterprises have temporarily changed the assessment system unilaterally without going through democratic procedures.

　　For example, during the epidemic period, a sales company temporarily imposed a performance index fine on its employees; Other companies change the original monthly assessment to daily assessment; A well-known real estate company requires employees to return to their home offices where the company is located, and working in other areas is a leave of absence, during which there is no salary and subsidy; Another platform company will allocate part of the salary to the attendance award, and take time off to deduct the salary of the day and part of the attendance award.

　　Liu Zhuo works in a sales company. During his home office, the assessment system in the work group stipulates that employees punch in at 8:30 and 18:00 online every day, and take photos in professional clothes to send the work group; Among them, there are three fixed time periods every day to hold video conferences at different levels; The work content of the day must be reported in the morning, noon and evening; At the same time, employees are required to copy articles and experiences every day and send photos to the work group. "If you don’t follow it, you will face the punishment of expulsion and deduction of money." Liu Zhuo said.

　　A few days ago, the media reported that Ctrip employees’ home office was not only not reduced in salary, but also improved in performance by 13%, which attracted attention. According to reports, this is due to Ctrip’s digital business operation management system, which has the function of counting telephone records and duration. The company supervises employees through the pre-set measurement indicators of the system, and calculates the labor efficiency of employees according to the number of telephone calls per minute, thus realizing efficient management of remote office scenes.

　　Similarly, in the face of force majeure, some enterprises’ measures in formulating the assessment system provide other enterprises with useful experience. "This mainly depends on the comprehensive strength of the enterprise." Sun Xinxin, an associate professor at Qingdao University, said, "Large and medium-sized enterprises have mature management mechanism and anti-risk ability, which can not only smoothly and excessively break through the encirclement and even grow against the trend, but small and micro enterprises are relatively weak in both economic foundation and management ability, so they will appear for safety ‘ The sword goes sideways ’ The phenomenon. "

　　There is a legal bottom line for amending rules and regulations.

　　After the outbreak, Song Ping’s Internet company temporarily changed the vacation system, taking the home office period as employee holidays. "Even if you take a forced leave, you will be given work tasks during the vacation. Is it reasonable to change the system at will?" Song Ping couldn’t help asking questions.

　　Wang Jie, manager of human resources department of a plate company in Qingdao, Shandong Province, believes that home office has caused many disputes between enterprises and employees in workload verification and performance appraisal. Affected by the epidemic prevention and control, many tasks in the field really cannot be completed. When the enterprise is in trouble, it is reasonable and legal to moderately reduce the salary on the basis of obtaining the consent of employees.

　　Liu Ran, a lawyer of Shandong Jinhaisheng Law Firm, said that it is conditional for the rules and regulations formulated by the employer to have legal effect.

　　"If you unilaterally change the rules and regulations at will, it is obviously a violation of the law to formulate various unreasonable punishment mechanisms and assessment systems." Liu Ran said, "These unreasonable and illegal rules and regulations directly infringe on the legitimate rights and interests of employees, resulting in various labor disputes, and ultimately enterprises will suffer losses."

　　If employees encounter unreasonable system adjustment and fines from enterprises, how should they distinguish their legitimacy and how should they safeguard their own rights and interests? In this regard, Liu Ran said that the formulation of rules and regulations is both the legal right and the legal obligation of the employer. According to Article 4 of the Labor Contract Law, when formulating rules and regulations, the employer must strictly implement the corresponding democratic and publicity procedures, and fully protect the rights of employees to participate in the democratic management of the employer through democratic procedures. If the rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers, according to Article 38 of the Labor Contract Law, workers can unilaterally terminate the labor contract, and the employing unit needs to pay corresponding economic compensation.

　　Zhang Ni