There is such a thing:
Ms. Zhang is the head of our company’s business department. The salary composition is a basic salary of 4,000 yuan+performance salary of 2,000 yuan.Recently, Ms. Zhang was not completed due to excessive pregnancy leave, and the performance assessment score was less than 60 points.
The company believes that its status cannot bear the business supervisor. In order to ensure the completion of the goals of the department, the company decided to temporarily adjust Ms. Zhang’s work responsibilities and cancel its performance salary of 2,000 yuan, and retain only the basic salary of 4,000 yuan per month.
Ms. Zhang refused to accept it. The company believed that Ms. Zhang "refused to obey the company’s work arrangements and post adjustments" and was preparing to dismiss Ms. Zhang on the grounds of serious anti -rules and regulations.
The "third -phase female employee" has always been a fear of HR. It seems that with this title, it has become a "yellow horse gown" and holding the "Shangfang Sword". No one can do it.
In fact, many times, you only need to change your identity and change your mind.
According to the description of the above incident, the company and employees seem to have reached the point where non -labor arbitration cannot be resolved.
But is the fact that it really has reached such an incomprehensible point?
As HR, we always need to clarify the role we play between the company and the employees.We need to be a blending agent instead of combustion agent, and to be a peacemaker rather than picking things.
When the company and employees have opinions on the left, we need to provide a solution that it is feasible, not harmful and harmful from the perspective of neutrality.
(After all, from recruitment to cultivating a employee truly fit the corporate culture, it will take a lot of energy to advance to the supervisor)
In the above examples, HR can first sort out the following aspects:
NO.1 Company’s rules and regulations
1. Check the company’s performance evaluation standard analysis: Have the company incorporated employees in the performance assessment?Is the employee unable to complete the work performance because of the leave; or because of too many leave, the performance score is deducted?
2. Analysis of the corresponding measures for checking the performance assessment: Is there a specific explanation of the rules and regulations on unqualified performance of performance assessment?Is there a specific explanation of the specific implementation measures for adjusting the post?
NO.2 The factual investigation of "too much" leave
As a woman, there will be a lot of immature physical condition during pregnancy, so we need to investigate the fundamental cause of the incident of "excessive" for female employees for leave.
1. The reason why female employees take leave
For example, how long have female employees pregnant?What is the physical condition?
In fact, women have a understanding of pregnancy. In the early stages of pregnancy, various situations such as pregnancy vomiting and physical strength will indeed occur.
Therefore, HR needs to understand first. The female employee is indeed because of physical reasons, or deliberately soak sick leave, which is essentially different.
2. The definition of "too much" for leave
What kind of frequent leave can be counted as "too much"?
In our employee manual, in addition to the basic check -up leave, pregnant women have to stipulate whether employees should ask for a maximum of several vacations a month.
HR needs to use rules and regulations as the criteria, not just the company’s business operating perspective subjective judgment.
3. The relationship between leave and performance assessment scores
That is, what we emphasized in the first part, because the number of leaves has not reached the standard because the number of leaves is too much; or is the number of vacation itself a part of the performance evaluation?
We can make a reasonable judgment based on the above rules and regulations and basic facts.
HR needs to be clear that the company will inevitably measure employees from the perspective of business operation, while female employees are mainly physical conditions at this stage.
Therefore, HR needs to control the balance between the two to minimize the loss.
Judging from the results of the incident itself, it is true that the business assessment of female employees does not meet the standards. If the program and data are not problems, in general, the company can adjust the duties of work.
And the treatment of new positions and old posts has changed. After all, it is that female employees cannot be competent to work.
However, the company’s problem is that when Ms. Zhang expressed dissatisfaction, the company did not fully explain and guide, and did not negotiate to adjust to other positions. Instead, they directly "prepared to dismiss."
In fact, HR needs to be alert to a question: The company really wants to adjust the position and let employees raise their fetus?Or is it in disguise to adjust the job responsibilities in disguise to force employees to leave?
If the company tries to adjust the job to force employees to leave, we need to provide a more rational analysis to the boss:
1. Take out the time of the employee’s work in the company. If the employee raises labor arbitration, the company will be judged as illegal termination of labor relations and double compensation.In particular, the amount of compensation is required.
2. If the labor arbitration is taken, on the one hand, the work of employees cannot be transferred immediately. At the same time, during the process of labor disputes, the other party has the right to come to the company to continue working, and the company needs to pay employee wages normally.
3. If the employee is older in the company’s qualifications and has a certain prestige, it is not conducive to the company’s image in the hearts of other employees.
After the above preparation, we can negotiate with employees.
01 Preparation before negotiation
HR should prepare before negotiating with employees: the results of employees ‘performance assessment, job performance assessment form, and company’s performance assessment management measures; employees’ leave, the number of leaves, leave time for leave;Essence
02 Talk with facts
HR needs to always keep in mind that negotiation is not to ask for guilty. The attitude must be kind, euphemistic, and always pay attention to empathy.
In the process of conversation, we first need to take care of the pressure on employees during pregnancy.
However, it is also necessary to point out that companies need to work, and this position cannot be stagnated because of employees’ pregnancy.
The two parties need to affect the development of the current position and the department due to pregnancy, and to reach the fact that the company’s facts have reached a consensus.
03 The key to grasping the problem
We need to remind employees what the most important thing is currently.
If the other party still wants to maintain the original salary structure, it is bound to take out the state of work before pregnancy, but it is obviously not supported by the current physical condition.So to remind employees, the fetus is the first consideration at this stage.
04 Throwing bait
Based on the above analysis, we can take out the specific arrangements for post -post.However, in the process of negotiation, we need to always stand at the perspective of employees and analyze the advantages of post -adjustment.
At the same time, it is necessary to emphasize that although the performance part has been deducted, it is also less stressful of performance and can keep the fetus while working.In this way, it will not lose work and break the social security, but also be able to concentrate on protecting the fetus.
Of course, when necessary, we can also emphasize the dilemma of unemployment during pregnancy.
After the above negotiation, the following three cases are generally occurred:
Situation 1: The other party chooses to accept new positions. HR can take out the prepared labor contract change agreement, the labor contract supplementary agreement signed with the other party, and signed the performance assessment form of a new position with the other party. The negotiation is successful.
Situation 2: If the other party chooses to resign, then take out the resignation list to fill in the other party and respect the official departure time of the other party.
Situation three: If the other party has not agreed to accept new positions and does not agree to leave after the above negotiation, then tells the other party clearly.
First of all, you need to prepare for psychology. The company will not add additional workload of the employee, but the assessment is still based on the evaluation system of the post. It will not choose not to evaluate because the other party is pregnant. This is the company’s basic system.
In addition, the company also considers the identity of the employee’s pregnant woman and gives the post to reduce the pressure of employees. Employees can think.
Thinking of the "Third Phase Female Employee"
Many HR encounters the "third -phase female employee" like taking over a "hot potato".
In fact, if you analyze it carefully, in addition to a very few employees who rely on the status of pregnant women, most of the employees who are "do not do", most of the pregnant women still hope to get along with the company.
On the one hand, the identity during pregnancy will not bring advantages for career development;
On the other hand, employees also hope that their lives and work will have basic guarantees.
So unless there is no way, no employees are willing to go to labor arbitration.
At this time, it is actually a great period of HR to show corporate care and culture.
Invollerate early, communicate with employees, department supervisors, and leaders on a regular basis, and timely resolve differences and problems.
Not only can solve problems for employees, but also make the employee’s sense of belonging stronger stronger;
You can also establish a responsible image of an employer for enterprises.