To this end, this magazine invited three front-line managers, namely Liang Yongzhi, director of human resources of Jinyi Industry, Tan, manager of human resources of Yilong Electric Appliances, and director of human resources department of Guangzhou Institute of Mechanical Science, to exchange views on how to deal with labor disputes.
What attitude should HR take when a labor dispute occurs in an enterprise? Tan: The human resources department should remain neutral and try not to turn labor disputes into arbitration or even litigation, which is likely to bring bad influence to enterprises. In fact, when it comes to their own interests, every employee will have a great reaction, but some of them may not fully understand the relevant policies and regulations, so some of their demands in the dispute are impossible to realize. The human resources department should discuss with employees first, and come up with legal basis when talking. If employees don't believe our explanation, they can go to the labor management office for consultation. In short, the handling method should be more transparent. Wang Shuzhong: The so-called fair position means that you should not stand in the boss's position at once, and don't give people the impression that you are fully considering employees. When dealing with labor disputes, the human resources department cannot violate the principle, that is, it cannot violate the relevant provisions of national laws and regulations and enterprise rules and regulations. When the human resources department first explains the principled things to the employees, it will give people a sense of justice, and the employees will feel that such a department is trustworthy, because at least it is not on the opposite side of him. In this way, taking the system as the criterion, everyone can easily accept it. Liang Yongzhi: Kōnosuke Matsushita once said: "Running a business is not a private matter, but a public matter." In other words, enterprises are social tools. From this perspective, I think it can be divided into three aspects: investors, managers and workers. Therefore, running a business is like dividing a cake, and the distribution of the cake should make the relationship between them harmonious.
In reality, investors and managers are often active, while workers are in a passive position. At present, if they stand on their own interests too much, it will easily lead to uneven distribution and labor disputes. Since the current society still protects workers, the first two should give workers a good space, otherwise the risk of enterprises in labor disputes will be even greater.
If the enterprise fault causes labor disputes, the human resources department
How to deal with it? Tan: Employees work in enterprises to make a living, and they don't want to be against them, so if it's not an issue involving major interests, enterprises have room for negotiation. For example, it is difficult for many labor-intensive enterprises to fully implement overtime pay in accordance with the labor law. Enterprises can communicate with employees first to explain the situation of enterprises and practices that are inconsistent with the labor law. They can still understand. Wang Shuzhong: The key is to create an atmosphere where both sides can communicate. All labor disputes, first of all, are emotional conflicts, followed by conflicts of interest; Emotions can be resolved, but many interests cannot be resolved.
The human resources department should first respect the employees emotionally, and then do some compensatory work, but these should be done after the employees' emotions calm down. After analyzing the causes of the current disputes with employees, the human resources department can make some concessions as long as it does not cause actual damage to the enterprise.
In addition, when negotiating with employees, the human resources department should also pay attention to the life and career development of employees, so that employees are full of hope for his future in the enterprise and don't stand in the way of others, otherwise there will be no room for negotiation between the two sides. Generally speaking, if both parties can communicate, disputes can be solved, and people are reasonable in the end. If the dispute is not caused by the fault of the enterprise, human resources
In the first case, the human resources department can conduct friendly consultations with employees through normal or private channels to balance the interests of the company and individuals. In the second case, the human resources department should also communicate with various departments to see if the employees' grievances are directed at the company, the department or the boss, and then do ideological work for both sides, so that they can sit together and reach a settlement.
The third situation is the most complicated, and there are different situations. The recent Foxconn incident fully reflects the complexity of this situation, and the solution is also very complicated, which needs specific analysis. Wang Shuzhong: The human resources department has no right to change the rules and regulations of enterprises, so it is not allowed to disobey the rules and regulations because of the ignorance of employees. However, the initial mood of employees must be very impatient. HR should not be condescending just because it is reasonable. He should ask politely, let him go to a quiet place and pour him a glass of water to calm his mood, so as to make the principle clear. As long as employees feel that the human resources department respects people, especially production workers, they will feel that there is nothing to say.
What issues should HR pay attention to when handling labor disputes in court? Tan: Evidence related to labor disputes must be kept well. The previous labor negotiations should be recorded in detail and signed by both parties. If employees have objections to the labor-capital negotiation scheme, the human resources department should consult the enterprise legal adviser in time, and then take further measures after listening to professional opinions, and the labor department should also cooperate with the arbitration process. Wang Shuzhong: In court, we should pay attention to the inversion of the burden of proof. Different from ordinary civil litigation, labor litigation is advocated by employees and put forward by employers. Therefore, to preserve evidence, the most important thing is to standardize daily management, so that the original data can be preserved. Liang Yongzhi: Professional human resources departments should also be able to analyze the consequences and impact of litigation on the company beforehand. If you don't go to court, you will win if you fight, otherwise the human resources department can only persuade business leaders not to fight.
What should HR do to stabilize the workforce during or after labor disputes? Wang Shuzhong: There are many things to do. In this information society, disputes cannot be concealed. The key is to create a good environment within the enterprise-a platform for retaining, attracting and developing talents in the enterprise, so that employees can accept temporary difficulties even if they encounter some setbacks. Liang Yongzhi: The human resources department should provide good management and make the promotion, salary and welfare system transparent. All the policies issued by the company provide good training, study and answers, so that employees can clearly understand all the policies. In this way, even if there are individual labor disputes in the company, it will not affect other employees. Generally speaking, as long as the company system is transparent, the probability of labor disputes will be minimized, and black-box operation will make labor disputes spread rapidly.