Core Tip: Four older employees of Guangdong Chang Ping Electronics Factory have been on a long break because the boss raised issues regarding their wages, which they believe amounts to constructive dismissal. The factory claims it is due to surplus management staff that operations will halt. The labor department stated that employees can apply for labor arbitration. Each of the four received suspension notices. On March 29, the Guangzhou Daily reported, "We worked hard for over a decade and gave our lives to the factory, did not expect our efforts to end in forced resignation." Yesterday, the original power-electronics employee Ding Lianwei and three other staff stood in front of their familiar company, each with mixed feelings. It is reported that on March 17, the company requested the dismissal of four employees who had worked for more than a decade, offering them an alternative six-month holiday if they refused. In desperation, they complained to the local labor department. The labor department stated that Ding Lianwei and the other three employees could apply for labor arbitration within the statutory time.
Staff reflected on the problems they faced while enduring a long break. Dinglian Wei told reporters yesterday that due to unpaid wages since December 2009, on February 5, he and his staff went to the general manager's office to understand the situation. They were informed that there would be no wage increase or year-end bonuses, leading to a dispute with the factory and eventually breaking off relations. By February 8, the payroll clerk told Ding Lianwei that over a dozen people participating in reflecting these issues caused the delay in wage payments because they violated regulations on February 5 by refusing to sign and acknowledge the warning letter addressed to them concerning wages. Believing they were not at fault, they refused, and the boss said "no action" and issued their wages. They thought everything was resolved, but unexpectedly, on the afternoon of March 5, while Dinglian Wei was at work, he was called into the boss's office to sign the warning letter. They still refused. "But the boss insisted on dismissing us, paying out only three months of wages. If we didn't accept, we'd be given an extended holiday," Dinglian Wei said. Including his account, a six-month vacation notice was issued to the four employees who had worked at the plant in Canada for over 10 years and signed non-fixed term labor contracts. The management treated them as old staff, making the situation disheartening.
It is understood that the four staff members asked to take a vacation were Dinglian Wei responsible for production materials, who entered the factory on October 4, 1999; Dan Yuandong, head of the production department, who entered the plant on March 6, 1999; Britain, head of the car, who entered the factory on May 29, 1996; and Victoria, head of the first payment department, who entered the plant on November 11, 1994. "I just set up a factory plant in Canada and worked until now, spending my youth here, never expecting to be forced to leave the factory without cause," said Dinglian Wei. Yesterday, at the power door in Canada, looking at where he had worked and lived for 16 years, his pay wasn't too happy.
The factory stated that due to recent lack of production orders, according to the production schedule, there was excess human resources, and corporate cash flow difficulties, after the board decision, such notification was given to Ding Lianwei and three others expected to stop work for six months (from March 8, 2010, to September 7, 2010 only). For the treatment of laid-off staff during this period, the company stated it expected to pay wages during the stop work period according to the Labour Code provisions, providing full pay for the first month, then paying 80% of the minimum wage in Dongguan City monthly until returning to work. During the downtime, if the company's production needs arise, staff should return to work according to the company's requirements at any time.
The labor department stated that if mediation fails, the issue should be resolved through arbitration. Earth Village, Changping Town, received standing labor services from staff reflecting dissatisfaction with the factory's request to stop work. Related parties stated that after mediation, if the owners want to dismiss them, financial compensation should be given according to labor law.