How to negotiate with the dismissal supervisor and how to negotiate if you are fired by the boss

Does the company need to issue a termination certificate to the employee? If the company verbally dismisses us, how can we, as employees, respond to protect our rights? What other negotiation skills do you have with the company in the process of rights protection?

If you want to dismiss the supervisor, there is no negotiation, and the side of the negotiation is not very good, and you don't want to use too many people.

The reason for dismissal, first of all, you have to record, and secondly, you have to ask him what the reason is so that he can explain it clearly, and then you have to note that the resignation form is dismissed by the company, and let the two direct leaders sign and take a photo to be left. Then, they do not compensate for economic losses, so they take these to the labor arbitration commission to apply for a lawsuit to protect the legitimate rights and interests of the workers. Ask for payment of wages for the termination of the contract.

Hope the teacher can help you!

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

If you don't meet the above conditions, you can only find his fault and let him resign automatically, otherwise the company needs to pay compensation.

If the employer has evidence to prove that the employee's behavior violates one of the circumstances stipulated in Article 39 of the Labor Contract Law, the employer may dismiss the employee without paying any severance or compensation.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

1 3 First, when dismissal is due to poor performance.

1. Present with the direct supervisor.

Since the immediate supervisor of the dismissed employee is the most familiar with him and has the most right to speak, HR can invite the immediate supervisor to talk to the employee and show the employee's performance record to ensure that the conversation is more convincing.

2. Prepare the legal basis.

Before dismissal, the compensation is calculated according to the provisions of the labor contract, and the employee can also be compensated for an additional month's salary for each year of service, and in addition, HR can also apply to the senior management to give the employee more compensation within the scope of authority.

3. Help employees understand the reasons for dismissal.

If the situation allows, HR can also think from the other party's point of view, discuss the reason for the dismissal with the dismissed employee, so that the other party can feel the care that the company deserves, and when appropriate, HR can also give the other party some help, such as helping to recommend jobs, writing letters of introduction, etc.

2 3 Second, dismissal due to the company's efficiency problems.

This is not the case only for small and medium-sized companies, in fact, even Fortune 500 companies can be laid off due to performance issues. In this case, HR must first develop a comprehensive communication plan. The steps of this plan include:

1. Strategically, first communicate with all employees who may be dismissed through informal channels, tell them the current difficulties and possible trends that the company is facing, and give them certain psychological hints.

2. In terms of details, work out the timetable for dismissal of employees and determine the dismissal batch with all department managers who need to dismiss employees.

3. Formulate a dismissal compensation policy, and communicate with the management and financial department to determine the reward policy.

3 3 Third, exhortatory dismissal.

This is the most "hidden" way of dismissal, and the specific way to do this is to find each of them to talk to individually after receiving a list of dismissals from the company's top management, and make it clear that the company is determined not to hire them again for some reason. But if they are clearly dismissed, it will cause internal turmoil, and at the same time, considering their professional honor, it is better to resign voluntarily as soon as possible, which will be beneficial to both parties.

This approach is usually aimed at middle managers or veteran employees who have made some contributions. In the course of the conversation, HR should tell them from the bottom of their hearts that they are really helpless in this matter and cannot express their personal support for them, so that persuasive dismissal can not only achieve the purpose of dismissing employees, but also is likely to bring good social resources for HR's future career development.

Under the epidemic, it is not easy, but you are also an employee, it is best not to help the abuse, do evil, act according to laws and regulations, improve the awareness of the rule of law, and one day you will be protected by the law.

To do an exit interview with an employee, there must be a process and norms for the interview, and there are some precautions for not talking nonsense, not talking nonsense. Generally, the human resources department in the enterprise will have some requirements and need to train managers at all levels.

Part 1: The author summarizes a five-step approach to exit interviews for a layoff project done by a company I once worked for.

The company is a venture capital company, and in the first three quarters of 2009, it went on a hiring spree, and in the fourth quarter, it began to lay off employees. Because the company set a grand development plan at the beginning of the year, at the end of the year, the board of directors saw that the business was not done well, and asked the management team to control costs, and the most concise and crude way to control costs was to lay off employees. The confirmed layoff rate is based on 10% of the total headcount.

Based on my previous work experience, I arranged for the employee relations supervisor to set a five-step method for layoffs, and according to the five-step method, 36 people were laid off in a month, and basically there was no arbitration in the end, which was relatively stable.

The first step is to confirm the list of dismissed employees.

One of the first lists is that our company's senior management meets to determine the proportion, and the employing department proposes a list of layoffs in the department. According to the list, summarize the basic information of each employee, including the employee's entry, departure period, employee personality characteristics, and the amount of compensation to be paid for resignation.

In the second step, the department will discuss the resignation with the employee.

The human resources department communicates with the supervisor of the dismissed employee, and the human resources department communicates with the supervisor of the dismissed employee, and the human resources department communicates the relevant policies and precautions with the supervisor of the business department who did the exit interview in place and sends him to talk. After he finished talking, the human resources department went through the resignation procedures with the dismissed employee, as well as the resignation certificate. In this way, one is to talk about the employing department itself, and the communication interface will be better.

If the HR department talks directly, the interface will be stiffer and the cost will be higher.

The third step is to make an appointment with the dismissed employee for an interview.

This step is for the human resources department to discuss. Mainly talk about the separation policy.

The fourth step is to assist employees in handling resignation procedures.

There are two types of labor contract termination, the first is terminated on the same day, and the other is terminated with 30 days' notice. At that time, I had a legal director in charge of the company, and I drafted a set of better separation agreements with less risk, which was also an important aspect to ensure the success of the entire layoff project.

The fifth step is to give feedback on the results of the interview.

After the entire layoff program is completed, including after the completion of each individual, it will be sent to the department head of the departing employee in the form of an email. In this way, we can give feedback on this matter in time, and communicate in time if there is a problem.

If the leader does three things, he can get the support of the employees.

1. Make correct decisions at work and bring practical benefits to the unit and department 2. Be decent, show personality charm, and be respected.

3. Care for employees and bring tangible benefits to employees.

1. Give reasonable and convincing reasons;

2. Give appropriate material compensation, after all, the master and servant are one;

3. Expressed the hope that we can cooperate in the future and accumulate some verbal blessings.

1. There should be a reasonable reason for dismissal, such as problems in the company's operation, or the employee obviously does not meet the needs of the position, and there is no other position that can be adapted.

2. Talk to employees in a guided way, rather than in the form of commands or notices, and clearly tell employees the reasons for dismissal.

3. The compensation for dismissal should be reasonable and legitimate, of course, if the company has difficulties, you can also negotiate with employees to pay less after unification, but it can't be excessive, such as employee compensation for one month's salary, you only plan to give 1 month's salary and want the employee to leave, which is unrealistic; Similarly, if the company is financially wealthy, you can also give a little more compensation, for example, it should be 4780 compensation, you give a whole number of 5000, which is not much, but it can give employees the feeling that the company still cares about him.

If it is an illegal termination, it is a compensation, and if it is a reasonable termination, it is a compensation.

As for the transfer from the workplace, both parties must reach an agreement through negotiation, and the boss cannot unilaterally adjust it for any reason.

If you want to get compensation from your boss for dismissal in accordance with the law, you must have relevant evidence that your boss dismissed you.