🎙Miss N's counterattack! The less trouble, the better? This is interesting.

🎙 This is a true story

Miss N of a certain company has been in her service unit for more than 20 years. During this period, she has experienced various difficulties such as new marriage, betrayal by friends, and stealing from her ex-husband, and finally she has embarked on the road of divorce.

After the separation, he continued to work for many years and regained his pre-marital vigor. An unexpected thing happened. Miss N actually met another contractor!

So, she decided to fall in love again.

Due to the special status of the contractors, their relationship was actually "temporary" at first! But in the end, he couldn't escape the radar possessed by astute people. Because the happy expression could not be hidden, everyone in the same unit gradually knew about it, and they all gave their blessings in their hearts.

The emperor lives up to the painstaking efforts, and the lovers finally get married.

Two years ago, Miss N finally scored twice, and the two spent their lives together.

But here comes the problem. The newly-wed husband lives in the north, and Miss N works in the central part. In order to be able to interact with each other, she can't clock in and out to work. In addition, she wants to work hard as a person, so Miss N resolutely decides to return to her family to complete her current relationship with her children. expectations.

However, there is always a BUT behind the seemingly complete story!

Miss N thought about it, she felt that her life did not want to be controlled by senseless emotions and sense of responsibility, and even if a woman married, she still had to keep her job. So she told the unit she worked for that she did not want to interrupt her work and income, but she also wanted to live in Taipei to accompany her husband and husband, so she made an agreement with her superiors that she would become a contract employee after marriage. Done.

However, she implored to continue to hang labor health insurance in the unit. The unit supervisor assumed her as a 20-year-old employee and agreed to her. At the same time, it also shortened her work content, which can be said to be very similar.

But this move also laid a time bomb for future changes!

🎙The job content of the contractor

Work belongs to work, family belongs to family, and everything still needs to be calculated clearly.

After the marriage, Ms. N thought that she was contracted, and some piece-based work should not be the same as in the past, and should be paid higher. So the unit also followed suit, raising her salary and complying with her wishes.

In addition to completing her work at home in Taipei after her marriage, Ms. N was actually free and flexible in other hours. It was a cool class at all, and she also received a good salary, including labor and health insurance. Say anything to thank the unit supervisor for her love. isn't it?

It's just that the unexploded bomb fuze has been quietly pulled up, and no one knows about it.

So far, in my opinion, Miss N can be said to be a person who is extremely smart, and who knows how to make progress by retreating and exchange rules for appointments. If such people make good use of their cleverness, they can achieve good results, but sometimes they make mistakes without knowing it, and allow themselves to go down a difficult path.

🎙 Want to give birth or not? pregnancy!

However, has she, who always wanted to help her husband have a child, have any results? In fact, judging from medical common sense, when a woman gets older, she really needs to work harder to have a child.

But every time Miss N always said, "Just do your best, don't be under pressure. But, I don't actually want it."

Miss N's last marriage had two children, both of whom were past their teenage years. Now that she is over 40, her physical burden is indeed heavier. However, she still hopes to help her current husband and have a good start.

Finally got the news. However, I have heard of two lines, but in the end they still missed it. Everything has to be done all over again, which is also fate and another revelation. No one has yet discovered that the leads are ready.

🎙 Tail Teeth start to eat! Good luck again and again!

After two years of prolonged epidemic, it was really difficult to usher in a stable epidemic at the beginning of this year and hold the annual tail-tooth feast. When Miss N was invited, she thought about the news that she had received a good pregnancy.

Everyone thought it was a good thing, and they all raised their glasses to congratulate.

However, what needs to be calculated still has to be calculated, and Miss N's unit supervisor has also begun to plan how to deal with her work assignment and management needs during the childbirth period.

However, what is interesting and variable is that Miss N’s identity is a contract hire, and it stands to reason that all work is paid on a piece-by-case basis. Therefore, after various sand table reasonings by her unit supervisor, the company boss finally decided: hire an agent, special work It can be suspended or let Miss N have a good rest. The boss believes that the salary should not be paid during the vacation, and she will resume after she returns from the vacation.

However, what seemed to be a matter of course, turned into a storm of labor-management confrontation in personnel and contracts!

🎙 Maternity leave determination should have full salary!

At the end of May this year, when Ms. N was informed that she had been appointed as an agent, she expressed that she was very grateful to the company for being sympathetic, but she believed that maternity leave should be paid. So she started a series of consultations, offenses and defenses, and she advocated to the top supervisor of the unit that she should be entitled to full-paid maternity leave.

The news quickly reached the boss's ears, so an emergency online meeting of HR and unit supervisors was held. After confirming the truth of the matter, he said disheartenedly: "It's really good people who don't get rewarded!"

After the evaluation and judgment of all parties, it was found that if the court mediation, the company will definitely need to pay the money, and even be jointly and severally claimed, which cannot be paid. Instead of wasting time on offense and defense, it's better to deal with it in a short time.

The human resources in the meeting said: "We need to confirm whether the two parties are in an employment relationship or a contract relationship?" However, after a series of inspection and confirmation, the relationship between the two parties is actually half and half. Saying that there is no pivot can help companies save that money.

What's more, the behind-the-scenes mastermind put forward a horrifying argument: " If she resigned 2 years ago and turned into a special contract, her seniority should be recalculated, and 20 years will be reset to 0. If she is fired now, the company only needs to recognize her by law. Pay one month’s severance pay and then re-sign. ”

In the end, a resolution was reached at this meeting, and the suggestion of the mastermind behind the scenes was the last resort. Therefore, according to the Labor Standards Act, during maternity leave, two months’ salary will be paid, but a contract of cooperation will be signed immediately after the end of the labor and health insurance. Let her handle it herself.

🎙 Is this the end?

As far as this case is concerned, I think the case should be finalized, but the good relationship between the host and the host has already existed in name only.

The legal protection of employment relationship and contract relationship is actually different. Employment means that the employer pays you to provide labor services and enjoy labor and health insurance and other labor-based law-related benefits. This is mostly a monthly salary system, with a master-slave relationship. (a subordinate contract formed by laborers to earn wages)

Then, what is a contract relationship?

The contract relationship is that the employer provides materials and prices, asks professionals to provide services, and then gives them the remuneration that was negotiated before and after the end. There is no master-slave relationship. (A contract that stipulates the completion of a certain outcome)

An example of the contract relationship, for example: painter! This is a contracting relationship, and the employer does not have to pay labor health insurance.

🎙 But what is a contractual relationship? Take the insurance salesman who generally does not need to punch the card as an example

1. Does not have personality subordination: For example, if the insurance salesman's job identification, in the way of soliciting insurance, is completely arranged according to personal habits, not stipulated or assigned by the company, and there is no need to punch in or ask for leave, then it does not have personality subordination .

2. No organizational affiliation: Salespersons are always recruiting insurance work, and most of them take personal actions as the main consideration, and do not need to divide the labor with other colleagues. Even if the business stops recruiting, it will not affect the relevant operations, so it does not have organizational affiliation.

3. No economic affiliation: When the two parties sign a contract, the salesperson who solicits insurance must complete the solicitation work in order to receive remuneration. It is not stipulated by the Labor Standards Law that “wages” can be obtained simply by providing labor services, so this example does not have economic affiliation.

The above content comes from the case of a well-known domestic insurance company salesman and insurance company offensive and defensive. This clearly tells us that the management and the labor are always opposed.

🎙 Back to the beginning of the story to be told today

I think it would be quite disadvantageous if Miss N still wants to argue with reason!

One: Her wrong service (specially asking the Labor Bureau for her rights) caused the boss's dissatisfaction. It is understood that Miss N's boss is willing to accept her conditions, and agreed to insure her simply because of years of work friendship, but, in fact, this has exceeded the imagination of all supervisors. It's just that Miss N still seems to take it for granted.

Second: her job is not irreplaceable . The supervisor of the unit has already found a good candidate to replace her, and there are already people who can replace her in other jobs. This incident also shows the weakness of the labor force, but it is also a practice that the management cannot do.

Third: The accumulated favors are now in vain, and everyone is in danger at the moment of the epidemic. Miss N is only for two months' salary? cost-effective? Really not worth it.

Finally, I would like to say that the employer and the labor side will always stand on the opposite side. The employer wants to make more money, and of course the labor side does too. The labor market already has what they need, and those who can get it can get more. In a weak position, Lao Jifa is trying to help the laborers, but if each of the laborers negotiates like Miss N and grabs all the benefits, it is expected that the employers who are paid more will shake their heads and sigh!

Look at the past, think about the present, it is better to go back!