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How much influence does the labor contract law have on Wenzhou enterprises?
2008-03-11

At the moment when the National "Two Sessions" are being held, the "Labor Contract Law" has also become a hot spot for delegates and committee members. Sun Baoshu, deputy minister of the Ministry of Labor and Social Security, said at a press conference held the day before yesterday in the "two sessions" nationwide that the current implementation of the labor contract law is not a matter of revision, but a matter of serious implementation.

   What happened after the implementation of the labor contract law in Wenzhou? How much does it affect Wenzhou enterprises? Recently, the reporter visited dozens of small and medium-sized enterprise owners and conducted investigations on their concerns.

 

  The company encounters new problems

 

   "Piece rate" wages and overtime

 

   On the evening of March 6, an employee sent 3 text messages to "threaten" the boss of a shoe factory in Binhai Industrial Zone: Recently, the company has to pay 1.5 times the salary for working overtime every day; otherwise, it will sue you.

 

   Boss Zhang said that according to the Labor Contract Law, overtime must be paid for overtime. However, almost all Wenzhou shoe-making companies now pay wages "piece-rate". "Workers work overtime voluntarily. The wages during the day and night are the same. If you don't want to work overtime, the company won't force it; but if you come to work at night, the company will pay 1.5 times the salary. "

 

   "This holiday arrangement is unreasonable"

 

   On the eve of the Spring Festival, the manager of a hairdressing company in our city was in a meeting and announced the arrangements for the Spring Festival holiday this year. According to the peculiarities of the service industry, as in previous years, employees have three days off and resume normal work on the third day of the first month.

 

"No, I want to go home!" A girl in the venue suddenly stood up and said, "The company's holiday arrangements are unreasonable and violate the "Labor Contract Law"!" She is a laundry worker who has been working in the company for four or five years. Head worker.

 

   "You are violating the venue discipline now, you know?" the manager said.

 

   "I know, you have the ability to tell the boss to fire me!" The waitress responded.

 

   The company’s boss Xu said in an interview: “The corporate system is very strict, requiring that employees have opinions or dissatisfaction with the leaders after the meeting.”

 

   Boss Xu said that it took a lot of energy to deal with it later. The influence she can bring to the entire enterprise is too great, and the employees have a lot of discussions behind them. At present, the pressure on enterprise management has increased a lot.

 

   Complained about unpaid dismissal according to the agreement

 

   Recently, Boss Ho, a trader, is a bit annoying.

 

   The trouble is due to a recruitment a few days ago. The company hired a young driver. Before starting the job, the company and the driver signed a job agreement, which stipulated job requirements and related matters. After a two-day trial, it was discovered that the driver drank a lot of liquor during the trip to the county, seriously violating job regulations, and was dismissed without pay by the company in accordance with the original agreement.

 

   I thought it would be over here. What Boss He did not expect was that the driver complained to the relevant labor department. Later, Boss He paid the driver two days' wages and the matter was calmed down.

 

   "Paying some money is a trivial matter, but how to manage it is a major matter." Boss He said that after the implementation of the Labor Contract Law, it is a big challenge to the company's current management model. If some of the management regulations signed and approved by the company and employees are useless, what about it? What annoys him is that some workers, when they don't know much about the labor contract law, often use it to make things worse.

 

   3 months trial, 3 years contract

 

   A joint-venture garment company in Wenzhou has basically standardized its employment and management, and has met national standards. After the implementation of the labor contract law, the overall impact on the company is not great, but the impact on the details is still there.

 

According to Ms. Lin, the person in charge of the human resources department of the company, workers in clothing companies generally need a probation period of 2-3 months to know whether they are suitable for this position, but the labor contract law stipulates that the probation period of 3 months must be signed for 3 months. Over years. Therefore, some new employees have to sign contracts for three years after they reach an agreement with the company through interviews, and employees only need to submit a resignation report one month in advance.

 

   How much has the company's labor cost increased?

 

   The labor cost of an enterprise with four to five hundred people increased by nearly 2 million yuan

 

   On the desk of the boss of a shoe company in Wenzhou, there is a report sent by the company's financial staff a few days ago. The core content is the comparison of the company's labor costs before and after the implementation of the labor contract law.

 

   This company is mainly engaged in the processing of footwear for foreign trade and has more than 500 employees. The boss said that using the current minimum standards for the "five insurances and one housing fund" for these employees would cost almost 160,000 yuan per month, which would increase the labor cost by nearly 2 million yuan each year, "not including the compensation for the employees.

 

   The relative increase in labor costs for shoe manufacturers in Wenzhou may be even greater. The general manager of Tailai Industrial Company Zhang Jiyin said that last year the company’s Lip Worker’s monthly salary was 800 yuan, now it is 950 yuan. Wang Zhongqiang, chairman of Cardioni Footwear Company, has calculated that Cardioni's labor costs have risen by nearly 20% over last year.

 

   During this period, Zhejiang Zhenyu Industrial Co., Ltd. in Ruian is adjusting the salary of newly recruited general workers. According to the company manager Zhang Weicun, according to the detailed rules in the labor contract law, their company’s salary for each general worker has been increased by 20% on the original basis. According to the company’s 400 employees, 70% are general workers. This item alone As a result, the company’s operating costs have increased by more than 600,000 yuan, plus other subsidies, and more than 2 million yuan will be spent on employee benefits and overtime wages each year. Zhang Weicun believes that the main impact is on general workers. In the past, many companies did not specify detailed benefits in their contracts with general workers. Now these aspects will become a must for corporate contracts.

 

   The cost of labor in the catering industry has increased significantly

 

   A chain coffee shop in the urban area is currently hiring people. According to Mr. Xia, the head of the personnel department, it was easy to solve the problem last year with 800 yuan per month plus a certain commission for recruiting waiters. This year the company participated in four or five talent recruitment fairs and the service staff’s salary increased from 1,000 yuan per month to the current 1,200 yuan. The more, the less. Many applicants will ask about social insurance, rest time and other related issues stipulated in the Labor Contract Law. If these are added, the company's labor cost will increase by at least 20% compared with last year.

 

The boss of a certain service industry in Wenzhou has calculated an account for the reporter about the labor cost: Before the waiter worked 11 hours, now it is 8 hours; wages increase year by year, year by year, in addition, according to regulations, a number of social security projects for employees have been added Wait, compared with last year, the company roughly calculated that labor costs increased by 25%-35%.

 

   Faced with some specific problems, how should companies respond? What are the opinions and suggestions of employees? What does the management say? We will continue to pay attention.

 

  >>>Voice of private enterprises

 

  How to calculate the overtime wage of private enterprises?

 

   Zhou Yaohua, vice president of Dongyi Footwear Company: The salary of the labor contract law is calculated according to the algorithm of the state-owned enterprise, including "basic salary + various benefits + bonus" and so on. However, the vast majority of private enterprises pay comprehensive wages, which is difficult to settle with the standards of state-owned enterprises. For example, how to calculate overtime wages in private enterprises? Your salary is 5,000 yuan a month. If the company pays overtime at 3 times the salary, is this really very stressful?

 

   How to understand "unfixed term contract"?

 

   Mr. Jin, Assistant to the President of Bethel Group: It is more appropriate to interpret the "unfixed term contract" as 3-5 years. The labor contract law has increased the operating costs of enterprises by 10%-40%, and the normal and appropriate personnel flow and metabolism of enterprises have been restricted. New employees cannot enter and old employees cannot return. Today, when China's economy is in urgent need of rapid growth, we cannot yet lose our competitive advantage in labor. For employees who are actively engaged in corporate work, an indefinite period is what the company wants, but for some passive employees, an indefinite contract is bound to add a lot of trouble to corporate management.

 

   "Five insurances and one housing fund" should have been given to employees

 

   A vice president of a shoe company: After the implementation of the Labor Contract Law, although it seems that the labor cost of the company has increased, this concept is a "misunderstanding" that the company has developed for a long time. The "five insurances and one housing fund" should have been given to corporate employees. In the past, cheap labor was an advantage of our company. However, in the future, companies should focus more on their innovation and development in their competitive strategy. This is also a promotion for the long-term development of the enterprise.

 

  Reporter Yifeng Zejin Xingbo Jun Hai Qingrong


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