Contents

I was illegally fired by jianjiaobuluo.com

Why are bureaucrats in a labor NGO fiercer than capitalists?

The original article was written in Chinese by Wang Hisaohigh on February 15, 2020. This English edition was translated by Wang Hisaohigh and her friends.

I’m 32 years old. I was the editor of jianjiaobuluo.com before fired by the leaders of the company.

On June 4, 2018, I officially joined the jianjiaobuluo.com. Before joining jianjiaobuluo.com, I felt that Shenzhen was an attractive city for me because the workers there were powerful as if they created the whole world. At the beginning of this job, with a longing for ideals, I joined this collective and fought alongside the workers.

The Happyness

I am very honored to work in jianjiaobuluo.com. A friend said to me: “From our perspective, the jianjiaobuluo.com is the clarion call of revolution.” When I received the offer letter from jianjiaobuluo.com I even jumped up in my home of Shandong. When I was a student, I often participated in social activities, communicated with various non-profit organizations, and conducted field surveys with my comrades. Although I am not very powerful, I have always wanted to dedicate myself to changing the world.

After arriving in Shenzhen, in order to interview workers more easily and do the field research, I rent a ten-square-meter room within a 5-minute walk from Sanhe Job Market. Sanhe Job Market is famous for the people who always do odd jobs and wander around this job markert. These people are named Sanhedashen(The Gods of Sanhe). They would only do odd jobs when they even don’t have 1 yuan in pocket to survive. So they only work two or three days a week and rest for four or five days a week. Of course, they lived in a life of very low standand. Much of the time, I spent my days off to chat with workers and try my best to empathize with the working class.

I often go to Sanhe to do the research, because I always think that it is important to get first-hand materials in the sense of urban anthropology. Therefore, during the National Day holiday of 2018, I found a day-time temporary job to work as a subway security inspector in order to complete a participatory observation, after browsing job adverts in Sanhe for quite a while. I arrived at Sanhe at about 4 PM to assemble in foreman’s. There was almost no break at all during the working hours, and I had not returned to my room until midnight. This part of the story would not be described here in detail, however, if you are interested in this you can read my article:my diary when I did a day-paid odd job.

At the moment of my article was released on the social media Weixin , I really felt that my body was over the hill, hence I could not stand the strain much longer because I am not as energetic as I was young. Once I stay up late continuously, I would feel dizzy in the whole week. One of my friend even bantered with me: “Confucius said that ‘At thirty, I had planted my feet firm upon the ground’, but you seems to fall at your 30s.”

As an editor, I have to write and edit contributions daily, collect statistics, and do data analysis. I was devoted to these works. In the process, I also discussed and communicated with many workers. Gradually, I found that although some workers wrote for a long time, their progress in writing was still small, and the idea of " writing course for female workers” came into my mind. To find a suitable lecturer, I used almost all of my personal network, and I also asked many of my friends for help. Finally, under the recommendation of Mr. Zhao, an associate professor of the Central Academy of Drama, I was acquainted with Ms Li, the editor of the Creative Writing Department. She was willing to be the lecturer of the “writing course for female workers”.

After much discussion and confirmation with Ms. Li, the “writing course for female workers” finally started. Nearly 150 students participated in this class, and all students’ homework needed to be corrected in a timely manner. Therefore, after all the students sent their homework to my e-mail, I needed to gather them one by one, and sent them to the lecturer for every lesson. After the lecturer’s correction, I have to send the feedback to the students one by one. In order to enable each student to get personalized tuition, I have to maintain communication with every one of them all the time, and try my best to act as the bridge between students and the lecturer. After the writing course, the female workers all said that the class was practical and the service was cordial. Seeing that the female workers could learn something from the course, I felt very proud.

Every time I translated an article for jianjiaobuluo.com, I had to stare at the screen throughout the night. When I had doubts or difficulties in translation, I had to work overnight, because I really couldn’t sleep without finishing the translation. I searched various foreign websites for translation and the introduction of English articles suitable for the perspective (labor and gender) of jianjiaobuluo.com. Usually, a whole day passed quickly. I often did the translation after daily work, and then gave it to my friends for proofreading and polishing, discussed the wording and style with them for the purpose of making the quality of the translation the best.

Later, I was assigned more and more jobs by my leaders, such as online shops, social enterprise projects, and online courses. It was my responsibility to handle the express delivery from the online store. I had to pack up the goods every day at work and contacted with the courier. This took more than an hour every day. One day, I waited for the courier until 11 pm. As for the social enterprise project, sometimes it was important to communicate with peer social organizations. It could take almost four hours to go back and forth to do this communication work. To offer online courses, a lot of resources are necessary. When I used search engines to search but nothing was found, I just bite the bullet to resort to my friends.

Although I found that these tasks were not the same as the job responsibilities specified in the employment email that I received at the beginning, I still accepted them all. After all, I was doing the work I wished to do before. Every day in jianjiaobuluo.com, I felt like this was my favorite job.

Over the past one and a half years in jianjiaobuluo.com, I have met many worker friends and comrades, and felt unlimited power from them. At the same time, I was rewarded with praises, joy, and the meaning of life. These glories have made my rental room no longer cramped because I was doing my favorite job. People often say, “My home is wherever the heart is “. My wandering life has thus settled down.

The Nightmare

Once upon a time, while wiping my tears, I interviewed a worker who was suffering from pneumoconiosis and listened to his complaints about the physical pain and the injustice he suffered. At that time, I was wondering if the world would be okay?

But the world is not going to be okay. I was even shocked to find that I also suffered the same fate as countless workers.

On January 16, 2020, I was told by one of my leaders to go to McDonald’s to “talk about something”.

At that time, the violent layoffs of NetEase and Huawei were still trending, and the various memes about “251” (Huawei employee wrongfully jailed for 251 days just because he asked for severance pay) were spreading online. Everyone was still debating whether it is necessary to carry a digital voice recorder during the work just in case the HR’s meeting.

In fact, I bought a recording pen at my own expense for the use of field researches. But after I went out of the office, I found that I carelessly forgot to bring the recording pen with me. But I didn’t take it seriously. “Maybe it is just about discussing the work. My company would not do the same thing as Huawei”, I reckoned.

When I arrived at McDonald’s, I saw that the two supervisors of mine were sitting there. The first word they said was that I was fired. My brain was blank for a while, but I still remember it clearly:

Supervisor: If you often read world news, you should also know that the situation is not good in all aspects. I: Emmmm….. Supervisor: Your working ability cannot meet the requirements of the chief editor, and your salary is too high. I: Emmmm….. Supervisor: We are also difficult in finance, you are not suitable to continue … I: Emmmm….. Supervisor: It’s really not your fault, but we don’t need any nonentity. I: Emmmm….. Supervisor: If it is necessary to write a recommendation letter later, we can help you about it. You can also do part-time editors, submitting articles, translating articles, etc. for jianjiaobuluo.com. I: Emmmm….. Supervisor: The company will give you one month salary as the compensation.

In a state of shock, I returned to the office from McDonald’s with my head hanging down. Sitting at my desk, my cell phone rang, and it was from my mother. My mother asked me when I would return home, and she bought a full refrigerator of spare ribs, waiting for me to eat. This year, the price of pork has risen. I like pork ribs best, but I had not eaten them for a long time.

Recently, my mother often urged me to go home, but I told her I wouldn’t return home this Spring Festival for the reason that COVID-19 was spreading. My mother told me that she would cook for me next time, but I didn’t know when to return home. I hung up the phone, bursting into tears despite the fact that I am a middle-aged person. I don’t dare to say that I had canceled the ticket for the Spring Festival holiday, because I didn’t have the face to go home.

It was not only me but also my colleagues who were in shock. They were also told that I was fired that day. From the outside view, jianjiaobuluo.com is a democratic team. In fact, it is also alleged that we advocate the view that everyone was equal and should openly discuss everything and express opinions. But I was fired without any discussion, and my colleagues never expressed their opinions about me being fired.

My confusion

The leaders said that the company had financial difficulties, which I can understand. After all, everyone is very difficult now. I can reduce my salary voluntarily, or even give up my salary temporarily. After internal democratic decision-making and thorough discussions, I can also voluntarily leave. I can even return the compensation that jianjiaobuluo.com should pay me according to the law. But I didn’t have my say to ask about the financial situation of the company. I even didn’t know how much my colleagues’ salaries were. We got the monthly pay from the the company in a very surreptitious way.

The leaders said that my salary was too high, which makes me feel very surprised. If I joined jianjiaobuluo.com merely for money, why should I come to work for an NGO so far away from my hometown? I reckoned that not to mention there are some political risks involved in doing this job. Besides, the cost of living in Shenzhen was so high. Due to the increasing rent in the urban slum, my monthly salary was only just barely enough for me to survive.

The leader said that I was the “chief editor”, but weren’t we an equal institutions? How could there be a hierarchy among the staff? Moreover, my offer and contract also clearly stated my position is “editor”, not " chief editor “, and to the extent of the impression from my colleagues in the organization, I was not a leader.

A couple of days ago, I talked to the leader that I didn’t know why I was assigned so much work. The supervisor just said, “Don’t you have a mouth?” Then I was silenced. What does her words mean? Was she try to ask me to reject her assigned task? But I was in an inferior position within the power relations.If the supervisor arranged the work for me, dare I not do it?

The leaders said that even if I was fired, I could be a “part-time editor.” This suddenly reminded me, in fact, the jianjiaobuluo.com had introduced part-time editors a month or two ago. This decision was not discussed before. We are informed at the meeting held by one of our leaders. Gradually, the daily editing work of another editor and mine was assigned to the “part-time editors”. I really didn’t know which one is the excuse: the alleged high wage of mineor the so-called the financial difficulty of the company.

Suddenly it clicked—Of course, the cost of using “part-time editors” is undoubtedly cheaper than using permanent ones. As the employees of the jianjiaobuluo.com, I and my colleagues are just a commodities in the eyes of the leaders. An employee has a price tag as a commodity. After using it for a period of time, they can throw it away without hesitation, and then do everything possible to find a cheaper commodity. I do no doubt that this is all due to capitalism logic. As a worker, I have no dignity at all.

I was overwhelmed by feelings of depression. After work, I went back to the rental room to lie in bed, in a daze, staring at the ceiling. What would I do? How can I pay my rent? Should I pack up and go home?

The Contract

After being unilaterally informed of my dismissal, we are confronted with the outbreak of COVID-19. I hadn’t eaten vegetables and meat for more than half a month. Instant noodles and brown rice became my daily meals. To reduce the fruit that I needed to eat, I began to eat cheap VC tablets everyday. I turned upside down the day and the night. When I couldn’t breathe well in the little room, I roamed around for a while desultorily everyday.The happiest thing to me was to go to the Sanhe to chat with Sanhe Dashen . It seemed that I was living the same life as them.

I felt disappointed and angry. I was disappointed because the leaders of a team that we work for the collective ideals didn’t even treat their own employees as decent human beings. I was angry because the leaders of Jianjiaobuluo.com always proclaim that they speak out for the rights of female workers. However, what they were doing was unscrupulously disrespecting the Labor Law, which showed us the blatant double standards they took and just how hypocritical they are.

Although I was humiliated of shame and anger, I realized that I did’t have a lot money in my pocket. I should check if I could claim unemployment insurance benefits to pay the rent next month.

I turned on my computer and started using the search engine to search for information about “unemployment insurance”. I was shocked by the information I found: According to Article 7 of the “Unemployment Insurance Application Procedures”, to apply for unemployment benefits, It is necessary to show the certificate of termination of labor contract provided by the company which pay the social security for me.

But my social security was paid by the “third-party agency” rather than my own company jianjiaobuluo.com. I have no labor relationship with the so-called “third-party agency”. Even if the jianjiaobuluo.com provides a certificate to me, I cannot receive unemployment benefits. In principle, if my social security had not been paid illegally, I would have been entitled to two months of unemployment insurance benefits since I have worked one year and a half in this company.

After two or three days, I calmed down from this shocking news and shared my thoughts about this in my Wechat moments. One of the leaders said"reflect on yourself” to me. I don’t know what to reflect on myself. To reflect on the injustice of capitalism? which I have known for a long time. Everyone has a fluke mind, me too. I didn’t think I would be laid off so violently just as the other HUAWEI employee had been. But unfortunately I was wrong.

Since I had been paying attention to labor issues for many years, I couldn’t help pulling out the labor contract that I signed with the company, and found some incredible things. The contract stipulates:

Article 5 Standard, method and time for Party A to pay Party B’s labor remuneration

On the last working day of each month, Party A shall pay RMB 6370 to Party B as labor remuneration, and shall commission a third institution to pay the personal income tax, the social insurance premiums, and the housing provident fund for Party B in accordance with law.

The company openly wrote such illegal content into my employee contract: entrusting the payment of social security with a third-party agency. I couldn’t believe that.

It is impossible for me to claim unemployment benefits because of the company’s fault. But there is something more to talk about. According to Article 58 of the “Social Insurance Law of the PRC”, “Employing units shall apply to social insurance administrative department for social insurance registration for their employees within 30 days from the date of employment.” Article 21 stipulates that “from July 2016, no company or individual may obtain social insurance and eligibility through fictional labor relations, falsified certification materials, etc., and if the social insurance administrative departments discover the acts mentioned above, they should report it to the police. In other words, the payment through the third party agency is actually fraud.

Guangzhou set an example on this matter. The Summary of the Opinions on the Forum on Labor Disputes by the Guangzhou Labor and Personnel Dispute Arbitration Commission and the Civil Tribunal of the Intermediate People’s Court of Guangzhou (2015) clearly stated that “It is illegal that the employers who sign the labor contract and establish the labor relationship with employees, entrust other institutions to pay social insurance for the laborer. If the laborer claims that the termination of the labor contract is without his consent for this reason, the employer shall pay the laborer monetary compensation.”

I feel deeply ashamed as an old leftist. I signed the contract without reading it because I trusted in jianjiaobuluo.com. It is stunning that the labor contract prepared by the leaders of a labor NGO does not respect the labor contract law.

That is not all.

This contract continue stipulates:

Article 6. Party A and Party B agree:

Article 6.1 Party B shall work 40 hours per week ie. 8 hours per weekday. Only if the working hours exceed 40 hours, Party B is allowed to get time off month herein;

According to Labor Law of the People’s Republic of China:

Article 44 The employer shall pay laborers more wage remunerations than those for normal work according to the following standards in any one of the following cases:

(1) Wage payments to laborers no less than 150 percent of their wages if the laborers are asked to work longer hours;

(2) Wage payments to laborers no less than 200 percent of their wages if no rest can be arranged afterward for the laborers asked to work on days of rest;

(3) Wage payments to laborers no less than 300 percent of their wages if the laborers are asked to work on legal holidays.

According to Article 44 of the Labor Law of the PRC, we can see that only in case of overtime work on weekends, overtime pay can be substituted with comp time. To work overtime on normal working days and statutory holidays, you must pay overtime pay, so overtime pay cannot be substituted with comp time in that case. However, the terms of the contract require that overtime pay can be substituted with comp time not only in case of overtime on the weekends, but also overtime on working days and statutory holidays. Such “labor contract” provisions openly ignore the “Labor Law of the PRC” and illegally use comp time to replace overtime pay.

Let’s take a look at my job responsibility in the contract. My job position is an editor, because at the beginning my employment email said:

Your initial position at jianjiaobuluo.com will be editor (level 2), responsible for the following tasks:

1 Column content planning, contributions drafting, editing, publishing, writing articles when necessary

2 Research and process website user information and reader feedback

3 New media platform content planning and promotion

——from my offer email

And the labor contract that I signed afterward stipulated:

Article 2. Based on the need for Party A and Party B’s own skills, Party A employs Party B as a website editor and the working place is located in the Shenzhen Office.

Article 3. The work content undertaken by Party B and its requirement is that: Operating and Marketing Jianjiaobuluo project owned by the company; planning, marketing, and operating related products and activities of the Dala Culture; carrying out other tasks related to the development of the company designated by Party A or Party A’s delegated representative.

——From my “Labor Contract”

People with a little common sense know that editor and operator are two different positions. Such random changes in recruitment invitations have constituted fraud according to Article 26 of the Labor Contract Law of the PRC.

Article 26 An employment contract shall be invalid or partially invalid if:

(1)A party uses such means as deception or coercion, or takes advantage of the other party’s difficulties, to cause the other party to conclude an employment contract, or to make an amendment thereto, that is contrary to that party’s true intent;

(2)The Employer disclaims its legal liability or denies the Employee his rights;

(3)Or Mandatory provisions of laws or administrative statutes are violated.

Therefore, the Article 3 on the work contents of the labor contract has no legal effect.

All in all, at first I thought I was an editor, and my colleagues also thought I was an editor. If it is necessary to change the job content and job responsibilities, it is required to change the content of the labor contract. According to Article 35 of the Labor Contract Law of the PRC, “An Employer and an Employee may amend the provisions of their employment contract if they so agree after consultations. Amendments to an employment contract shall be made in writing. The Employer and the Employee shall each hold one copy of the amended employment contract.” From a legal perspective, the various work tasks that were added to me later exceeded the responsibilities of the original contract.

Of course, the company may say that the various work tasks that were added to me later belong to “other tasks related to the development of the company designated by Party A or Party A’s delegated representative.” in the labor contract. However, this “other tasks related"was so vaguely written that it basically means nothing, which amounts to the fact that my job responsibilities can be expanded to any possible work. So I was sure that this has constituted a change in the labor contract, but the company has not negotiated with me, and I have not seen a written agreement on the change of contact.

Looking back, the beginning part of the labor contract says, “According to the General Principles of the Civil Law of the People’s Republic of China, Contract Law of the People’s Republic of China and the relevant law, both parties to this contract sign through negotiation to reach agreement on the basis of equity and free will, and perform as well as to be in common compliance with the provisions established in the Labour Contract.”. Why does not a labor contract claim to be based on the Labor Law of the PRC and the Labor Contract Law of the PRC, but instead invokes the General Principles of the Civil Law of the PRC and the Contract Law of the PRC? After consulting with friends who work in the legal profession, I learned that the application of civil law in labor contracts is controversial, both in theory and practice. My friend said that, based on the principle of Lex Specialis, the labor contract law as a specific law must prevail over contract law as a general law.

After chatting with that friend, I really wanted to laugh but couldn’t laugh at all. The labor law seems nothing to the leaders of jianjiaobuluo.com. But they pretended to be a labor law defender in public.

The Notifice

Over time, the epidemic became more and more serious, and I became more and more depressed and anxious. I didn’t know what to do.

Finally, in the early morning of January 22, I received a notice on the company’s e-mail system with the subject “Notice of Termination of Labor Contract”.

Mr. Wang **:

Because your ability and actual working performance do not meet the company’s requirements and cannot adapt to the company’s adjustments of operating policies and business, after the consensus reached by negotiation, the company will officially dissolve the labor contract with you on February 16, 2020.

All the detail of this issue will be settled in accordance with the law and contract, and the company will pay economic compensation equal to one month’s salary in accordance with the law.

Shenzhen Dala Culture Communication Co., Ltd.

January 21, 2020

Please notice the time specified here. On January 21, 2020, the company sent a letter in writing, which requests the termination of the labor contract on February 16, 2020. However, according to Article 40 of the Labor Law of the PRC:“In any of the following circumstances, the employer may terminate the labor contract, but the employee shall be notified in writing 30 days in advance”. The notice period between Jan.21 and Feb.16 is less than 30 days, therefore it is illegal. Maybe they counted the time from the day that the leaders met with me on January 16th, but when the leaders unilaterally informed me on the 16th of the dismissal, he did not show any written materials to notify me of the termination of the labor contract.

Moreover, let’s talk about the so-called “do not meet the company’s requirements and cannot adapt to the company’s adjustments of operating policies and business” in the email. Either the company’s requirements or the company’s operating policies should be considered as the content of the regulations. According to Article 4 of the Labor Law of the PRC, “The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that laborers enjoy the right to work and fulfill labor obligations. ” Therefore, the company should give an “Employee Handbook " to employees after joining the company, telling me about the regulations. However, after I joined the company, the leaders only showed me the paper version of the “Employee Handbook” for a half of the day, and then took it back. After that, they did not give any electronic version of it to me as well. This so-called “company management policy and business adjustment” has not been announced at all, so it has no legal effect. Furthermore, I don’t know that they exactly invoked which requirement to fired me.

After seeing that “the company will pay economic compensation equal to one month’s salary in accordance with the law”, I didn’t know what to say. Was it based on the Great Qing Legal Code or the Six Codes of the KUOMINTANG ? What they were doing was defying the existing laws:

Article 47 A Employee shall be paid severance pay based on the number of years worked with the Employer at the rate of one month’s wage for each full year worked. Any period of not less than six months but less than one year shall be counted as one year.

Article 87 If an Employer terminates or ends an employment contract in violation of this Law, it shall pay damages to the Employee at twice the rate of the severance pay provided for in Article 47 hereof.

According to Articles 47 and 87 of the Labor Contract Law of the PRC, an employer who dismisses a hired worker illegally must pay twice the standard of economic compensation. Therefore, the company should compensate me with four months’ salary for the illegal unilateral termination of the labor relation.

As we all know, the compensation standard for Huawei and other companies when dismissing employees is n+1, but they are still reproached. A labor NGO has vocally stated that it complies with the “Labor Law”. It often condemned the capitalist who disobeyed the law and supported the laborer. However, its internal leaders regarded the “Labor Law” as nothing, using the double standards against its own employee.

I can’t stand this shame, thinking about it, and replied to an email to the company on the evening of January 24, 2020.

Shenzhen Dala Culture Communication Co., Ltd:

At 00:35 on January 22, 2020, I received an email with the notice of the dissolution of the labor contract in Shenzhen Dala Culture Communication Co., Ltd. I do not accept this notice, nor do I recognize the so-called the consensus reached by negotiation. Dismissal after the unilateral notification does not constitute consensus. I believe that Shenzhen Dala Culture Communication Co., Ltd. is suspected of illegally dissolving the labor contract. At the same time, I reserve the right to take legal action to safeguard my legitimate rights and interests.

Hereby declare

Wang**

January 24, 2020

Then, I fell into an endless anxiety in waiting, not knowing how the leaders would respond to my email.

During the outbreak of the epidemic, I saw the “Jiaojiaobuluo” supporting Shenzhen student workers whose company illegally asked them to return to work . I could not help posting a comment in my WeChat. Can the leaders of a labor-supporting laborer NGO obey the “Labor Law”? Don’t use double standards anymore. Under the warning of my comment in WeChat, they probably went to check the relevant laws themselves.

Finally, at 23:48 on February 10, 2020, I received an email from the leader, which reads as follows.

Hello Mr. Wang **:

After the meeting on January 16, 2020, since from the date of the meeting to the written notice given, both parties did not raise any objections to the dissolution of the labor contract and subsequent wage settlement arrangements. Therefore, according to the results of the meeting, the wages and economic compensations are settled as follows:

According to Article 26 of the Labor Law, a written notice has be given 30 days in advance and has sent to the mailbox on January 22, so the date of wage settlement will be February 22, 2020 (a total of 20 working days in February, with an average working day of 318.5 RMB, a total of 15 working days up to February 22), 318.5 * 15 = 4777.5 yuan. And in accordance with the relevant provisions of the “Economic Compensation Measures for Violating and Terminating Labor Contracts”, “The employee is not competent to his position or is still so after training or changing his position. If the employer dissolves the contract, the employer shall give the economic compensation in accordance with its working years. For each full working year, it is equivalent to one month’s wages of economic compensation “, Therefore we give you economic compensation equal to one month’s wage, which is 6,370 yuan.

Finally, the remaining salary + compensation, which amounts to 11147.5 yuan. At the same time, the February social security will be paid normally. The actual compensation is 11147.5 yuan. If there are no problems, a face-to-face settlement will be on or before February 16th, and please complete the online and offline handover work with colleagues in a timely manner.

Wish you all the best.

Shenzhen Dala Culture Communication Co., Ltd.

First of all, after I had formally responded with a formal email, “I do not accept this notice, and I do not recognize the so-called” consensus “”, the company’s leader still stated that “the two parties did not raise any objections ”. This condescending attitude was a direct humiliation to me.

Secondly, I searched this law in google. The “Economic Compensation Measures for Violating and Terminating Labor Contracts” was a temporary provision introduced in 1994. It was officially abolished in 2017 by the Ministry of Human Resources and Social Security’s decision [2017] No. 87 The current law applicable to the dissolution of labor contracts and related economic compensation issues is the Labor Contract Law of the PRC.

Thirdly, “The employee is not competent to his position or is still so after training or changing his position” What they said is totally opposed to facts. There is neither an assessment standard nor an “employee manual.” As an employee of the jianjiaobuluo.com. As far as I know, I haven’t received any training or position changing. How can the leaders prove that I am “still incompetent”.

In addition, the company’s leaders quoted “the employer shall give the economic compensation in accordance with its working years. For each full working year, it is equivalent to one month’s wages of economic compensation ” Here, let alone a legal termination of the labor contract, in which case they should pay me double compensation because it is an illegal termination of the labor contract. As I pointed above, according to Article 47 of the Labor Contract Law of the PRC, a period of more than six months and less than one year shall be counted as one year. I worked for more than a year and a half, so I should be paid two months of compensation, but the company leader thought that the compensation should be only one month.

In the end, “face-to-face settlement” is really the funniest thing in the world. During such an outbreak of an epidemic, is it necessary that my leaders pay their employees face-to-face? If so, why do humans invent bank or mobile payments? Could my leaders follow the government’s advice to go out less and avoid contact with others?

I couldn’t help laughing at my leaders. Then I received another e-mail at 6 pm the next day, the part of which about the compensation has been modified, changed from 1-month salary of compensation to two-month salary .

According to the relevant provisions of the “Economic Compensation Measures for Violating and Terminating Labor Contracts”, “The employee is not competent to his position or is still so after training or changing his position. If the employer dissolves the contract, the employer shall give the economic compensation in accordance with its working years. For each full working year, it is equivalent to one month’s wages of economic compensation “.We have decided to give an economic compensation equivalent to the maximum wage of two months at 12,740 yuan.

Shenzhen Dala Culture Communication Co., Ltd.

I couldn’t figure out why it was a “consensus”, and the company leader arbitrarily modified the compensation. At this point, I understood that the so-called “consensus” is a decision made by the leader, and the employees are passively informed. Such arbitrary interpretation of the law is not only a contempt of the law, but also a great humiliation to the employees.

I really realized the helplessness and sadness of workers suffering from pneumoconiosis who I had interviewed before: it’s up to the employers to make decisions if you are employed to work. Even though I was working in a labor NGO that claimed to be the voice of women workers, I was left in such a predicament. It is completely imaginable what kind of dilemma faced by those working in ordinary enterprises. In order to avoid legal risks, the leaders of the jianjiaobuluo.com randomly quoted the abolished"Articles” and then made arbitrary explanations in an attempt to evade the compensation required to be paid due to the illegal dismissal stipulated by the law. They dismissed the laborers as if they were beggars.

The Declaration

Here, I have to declare once again that there is no such thing as “consensus” at all and that I do not accept email “Notice of Termination of Labor Contract”. So I seriously urge the relevant leaders of the jianjiaobuluo.com to face up to the voices of their employees and strictly obey the relevant provisions of the Labor Law of the PRC and the Labor Contract Law of the PRC. To be serious, as a worker, I have to urge the leaders of a labor NGO to obey the “labor law”. This is really an absurd phenomenon under capitalism.

We must know that our “Labor Law” was cast by blood and tears of our forerunners, and its implementation was thanks to the countless struggles of workers facing risks that we could not imagine. The red flag dyed with the blood of the working class and revolutionary predecessors has been handed over to us, we won’t allow anyone to trample on it.

The leaders of a labor NGO actually defies the law so much and tramples on the dignity of their employees. Please don’t make the world worse, let alone to change the world. I am even more worried about my colleagues who have been working with me. Their labor contracts may be written in the same way as mine. In the future, I am not sure that leaders will continue to use the “consensus” that I encountered to terminate my colleagues’ labor contracts.

I speak for myself and for all my colleagues in the jianjiaobuluo.com. I will fight against the “two-faced people” inside the jianjiaobuluo.com and protect the “Labor Law” until victory!

I believe that the jianjiaobuluo.com can rectify their mistakes and back on track with the help of the supporters.

The contract text

The English translation of the contract between Wang Hisaohigh and jianjiaobuluo.com

Basic information of Party A: Name: Legal representative: contact details of Party A: Correspondence address:

Basic information of Party B: Name: ID card number: Phone: Contact Address: Emergency Contact: Phone:

According to the General Principles of the Civil Law of the People’s Republic of China, Contract Law of the People’s Republic of China and the relevant law, both parties to this contract sign through negotiation to reach agreement on the basis of equity and free will, and perform as well as to be in common compliance with the provisions established in the Labour Contract.

Article 1. the term of contract is 2 years. The Contract comes into force from 4-6-2019, and expire on 3-6-2021.

Article 2. Based on the need of Party A and Party B’s own skills, Party A employs Party B as website editor and the working place is located in the Shenzhen Office.

Article 3. The work content undertaken by Party B and its requirement is that: Operating and Marketing Jianjiaobuluo project owned by the company; planning, marketing, and operating related products and activities of the Dala Culture; carrying out other tasks related to the development of the company designated by Party A or Party A’s delegated representative.

Article 4. Party B has the obligation to keep confidential for the business of Party A, which mainly includes:

Article 4.1 the information mentioned the relevant regulation in the company

Article 4.2 Party B shall not disclose and release information prejudicial to the company and all its brands to persons outside Party A.

Article 5 Standard, method and time for Party A to pay Party B’s labor remuneration

On the last working day of each month, Party A shall pay RMB 6370 to Party B as labor remuneration, and shall commission a third institution to pay the personal income tax, the social insurance premiums, and the housing provident fund for Party B in accordance with law.

  • This salary is the after tax salary and the social insurance premiums have been deducted from it.

Article 6. Party A and Party B agree:

Article 6.1 Party B shall work 40 hours per week ie. 8 hours per weekday. Only if the working hours exceed 40 hours, Party B is allowed to get time off month herein;

Article 6.2 Paid leave: annual leave, family leave, statutory leave (sometimes Party B needs to work), funeral leave, Paternity leave and menstruation leave(female only).

Article 6.3 Party A shall provide Party B with a physical examination during the period of this agreement.

Article 6.4 Party A shall purchase one accident insurance for Party B and the period is the same as this contract.

Article 6.5 Party B’s travel expenses are allowed to be reimbursed.

Article 7 During the period of the agreement, either side can dissolve the labour contract by giving at least one month notice in written form or after paying an extra month’s wages as notice. Under any of the following circumstances, Party A may dissolve the agreement at any time without the notice:

Article 7.1 Party B violates the contents hereof.

Article 7.2 Party B severely violates the professional ethics of media.

Article 7.3 Party B causes any severe damage to the employer because he seriously neglects his duties or seeks private benefits;

Article 7.4 Party B is under investigation for criminal liabilities according to law.

Article 8 Under any of the following circumstances, Party A may dissolve the agreement at any time without the notice:

Article 8.1 Party A violates the contents hereof.

Article 9 Under any of the following circumstances, the contract shall be dissolved automatically:

Article 9.1 the term of the contract has expired;

Article 9.2 Both Parties agree upon negotiations to dissolve the contract.

Article 10 After the termination or dissolution of this contract, Party B shall hand over the relevant work to Party A within one week and attach a written report. If Party B causes damage, Party B shall be compensated.

Article 11 The Contract is prepared in duplicate and both Parties shall each hold one copy of the labor contract.