Draw lots to decide whether to stay or not? Enterprises should respect the dignity of workers

Use drawing lots to determine whether employees stay or leave? The operation of a property management company in Wuxi, Jiangsu is so absurd that it is astonishing. When the paper ball falls from the hand, some people are "lucky" to stay, while others are "unlucky" to lose their jobs. Recently, the Intermediate People's Court of Wuxi City made a final judgment on the case, determining that the behavior of the property management company constituted illegal termination of the labor contract, and ordered it to pay compensation of 18000 yuan to the employees.

As the cornerstone of maintaining labor relations, labor contracts are social contract behaviors strictly regulated by law. The Labor Contract Law clearly stipulates that enterprises must explain the situation to the trade union or all employees 30 days in advance when laying off personnel, listen to their opinions and report to the labor administrative department, and should give priority to retaining groups such as those who have signed longer term contracts. These regulations are a rigid barrier to balance labor and capital forces and prevent capital abuse, and are by no means optional "procedural justice".

But the property management company involved ignored the legal procedures and resorted to the absurd method of "drawing lots" to lay off employees. The work ability, performance contribution, and job suitability of workers are ignored, and years of effort are no match for the randomness of a piece of paper. Behind this is a complete deviation of the company's understanding of "fairness" and a lack of respect for workers.

The deeper problem lies in the misinterpretation of the boundary of business autonomy by enterprises. Perhaps in his view, "drawing lots" can save "troublesome things" such as assessment, negotiation, and compensation, but he forgets that fairness in a rule of law society is not a "luck based" egalitarianism, but a system of equal rights based on clear rules. Treating legal procedures as shackles and the mentality of luck as shortcuts not only exposes the lack of management ability, but also the comprehensive loss of legal consciousness.

The court ruling clearly conveys a clear attitude that the compensation of 18000 yuan is a legal remedy for workers and a profound warning to enterprises - the operational autonomy of market entities must be exercised within the legal framework. The typical significance of this case lies in clarifying the red line of labor relations. It is a normal decision for enterprises to reduce positions due to project adjustments, but the standards and methods of layoffs must be based on objective facts and reasonable basis. Innovation in management that deviates from the law, no matter how efficient, is illegal, and decisions that violate procedural justice, no matter how fair, are also crossing the line.

In reality, there are occasional occurrences of "bizarre layoffs" such as last place elimination, forced resignation through job transfers and salary reductions, and voluntary salary reductions that coerce workers. These operations may seem fancy, but their essence is to evade labor laws and cover up the actual power bullying with formal "voluntary" and "fair" actions.

Workers and enterprises are inherently a community of shared interests, and harmonious labor relations depend not only on the healthy development of enterprises, but also on respect for the rights and interests of workers. The competitiveness of a company is not only reflected in its profit and loss statement, but also in its willingness to respect people and abide by rules.

Eliminating such farces requires joint efforts from multiple parties. Enterprises should take legal courses and understand that business autonomy does not equate to doing whatever they want. There are legal procedures and clear standards for layoffs and job reductions. Only by respecting the law and employees can we build a solid foundation for development. Workers need to enhance their awareness of rights protection, and when they encounter injustice, they should dare to claim their rights through legal means such as arbitration and litigation, and make the lawbreakers pay the price. Regulatory authorities should also strengthen proactive supervision, enhance daily inspections of the employment situation of enterprises, timely correct emerging problems, and avoid the "remedial measures" becoming the norm.

The dignity of workers should not be tied to the coincidences of a piece of paper, and enterprise management should not be detached from the legal track. Only by deeply cultivating the spirit of the rule of law in the hearts of market entities can the balance of labor relations always be maintained, and fairness and justice become the most solid foundation of the workplace. (Kong Deqi)

Information source:Guangming Network - Current Review Channel