Exclusive | IBM’s Most Valuable Manager “Resigned,” Received a Record $ 9 Million Compensation for Reversing Lawsuit | Apple News | Apple Daily

Taiwan IBM just received the “Asia Best Employer Award” last month. Ironically, a senior executive of the company who was selected as the “Most Valuable Manager of Taiwan 100 MVP” was forced to “voluntarily resign”. Low and the beautiful wife quarreled and divorced, then his mother suffered from cancer and her life fell apart, but he firmly believed that “the company has abandoned me, I cannot abandon myself.” The ruling that IBM must allow him to reinstate his job and pay a refund of around 9 million yuan in interest, which also set a record for the highest amount of compensation awarded in an employment relationship lawsuit in China.

The protagonist of the story of Xiao Xiami’s overthrow of the great whale is Gao Qifu, business manager of IBM’s Taiwan branch. He has worked hard as a grassroots engineer for over 20 years. However, in 2015, due to the freezing of company staff during the transfer process, he was caught in a dilemma and had to stay temporarily. Salary for 1 year, waiting for staff to unfreeze. Unexpectedly, the period of stay expired, but the company asked him to pack up and leave on the grounds that the older man could not find a job according to regulations.

The significance of this employment relationship lawsuit is that the Supreme Court found that IBM Taiwan unilaterally stipulated that “if an employee who loses pay and cannot find a suitable position, he will be deemed to have voluntarily resigned.” This not only violates the right to work guaranteed by the Constitution, but also affects workers. Obviously unfair, even if the employee knows, signs and agrees in advance, this personnel regulation is still invalid.

One judge noted: “Because most inter-company personnel regulations are copied, this final judgment will prompt many companies to review the relevant retention and non-payment regulations.”

In response to the ruling, Taiwan IBM stated that it “respects the court ruling and has no further comment.” Gao Nan’s attorney, Chen Wenxiang, noted that the court ruled that the unreasonable suspension without payment regulations like IBM in Taiwan was invalid. This case is the first case in Taiwan.

“Apple News” interviewed Gao Qifu, the victim in the case. The 54-year-old has a master’s degree in Industrial Management from the National Taiwan Institute of Technology (now Taiwan University of Science and Technology). He joined IBM (Taiwan International Business Machines Corporation) of Taiwan at the age of 30 as a systems engineer. Five years later, he was transferred to a business unit and his annual performance exceeded 168%. Due to his outstanding performance, the company awarded him the eIBMer Role Model Value Model Award three times. In 2008, it was also recommended by the company and was selected as Taiwan 100 by the monthly “Manager” magazine. MVP’s most valuable manager, he became the distribution channel’s business development manager in March 2015, earning a monthly salary of 165,741 yuan. Unexpectedly, half a year later, his life has undergone tremendous changes that surprised him.

Gao Nan said that in September 2015, the general manager of the software department invited him to be transferred as a manager. The company also issued a formal personnel order. However, in October, the company reported that the software department staff was frozen, so the internal transfer process was immediately called card. What is not good is At that time, there was a condition that you wanted to switch to the company. The original company had to find a replacement before it could be transferred to the software department. “That is, when the software department staff was frozen, they could no longer go back to the original position.” After the matter was stalled for 3 months, Gao Nan accepted the supervisor’s suggestion and decided to stay in the position without pay for 3 months, waiting for the staff to unfreeze.

“I thought at the time, just take it as a winter vacation, and I went to the Maldives to have fun with my wife at the time,” Gao Nan said. After the stay expired, the company told him that there was still no suitable position, so I applied for another 9 months of stay. Anyway, as long as there is a new position, he can cancel the stay at any time. During this period, he kept asking the company to fix new positions as soon as possible, but when the date expired on January 16, 2017, the company asked him to do so the next day. Give up.

“Of course I can’t accept it! So I didn’t, but the company still terminates the employment contract unilaterally. The reason is that the employee is responsible for finding the job after the expiration of the stay. Such provisions But I don’t think that will happen. When the company actually uses this arrangement, I feel very amazed and amazing, especially when I am an outstanding employee. ” Gao Nan spoke about this great “job disaster”. Cover complaints.

In fact, the older man has faced many trials during his stay. First, due to job changes and emotional fluctuations, his wife was under considerable pressure. The two separated in February 2016. “After a heated argument, we ended our marriage in September of the same year.” In June of the same year, Gao Nan’s brother temporarily left the workplace to rest due to the pressure of work. He took his brother to exercise and even completed the bike ride around the island to combat depression. Unexpectedly, after being forced to leave his job, his 80-year-old mother who had been on kidney dialysis was diagnosed in mid-2017. On the one hand, he accompanied his mother to undergo surgery and chemotherapy, and also faced various pressures of work, native family and marriage, saying to himself: “I can’t fall.” So he took steps to defend his rights and sent him the letter. The company applied for mediation to the Labor Office and decided to file a complaint after the mediation failed.

However, Gao Nan lost his first battle in the lawsuit. Taiwan’s IBM said it was unhappy and “being mediocre” in the original department. In February 2015, he actively contacted the general manager of the software department for a transfer opportunity, but the general manager did not. An affirmative commitment was delivered. Subsequently, the foreign headquarters did not approve the vacancy, and Gao Nan saw that the transfer was unsuccessful and was not willing to stay in the original department, so he applied for retention without pay a second time, but the company stated that the position The unpaid employee who requested withholding was not withheld. The responsibility to find a reinstatement position before the term of the leave without pay, otherwise it will be treated as a voluntary resignation, which is not obviously unfair or circumvents the provisions of the “Labor Standards Law”, and has paid severance pay of more than 2.03 million yuan to Gao Nan according to the company’s resignation method. Tacitly agreed to leave.

The Taipei City Court believes that Gao Nan knows that the company requires employees to find a position before reinstatement, and the company reminded him of this during the period, but he insisted on waiting for suitable vacancies in the software department. , and the application form he signed beforehand said “Retention At the end of the suspension, the company does not guarantee to provide job opportunities. If there is no suitable vacancy, it will be considered a voluntary resignation and will comply with the regulations to go through the procedure of resign. ”For this reason, he was sentenced to lose in May 2018.

“The day I received the verdict, I was in a very bad mood. I went to the Guandu Palace to look at the gods and I asked him:” Has the matter ended like this? “Gao Nan told reporters firmly:” After leaving the switchgear palace, I called him and told him The lawyer decided to appeal. “

Gao Nan said that in the first instance, she emphasized to the judge the reasons for not being paid. After appealing, he changed his litigation strategy and pointed out the unreasonable clauses in the stay without pay method. “Fortunately, the second instance judge accepted my proposal and changed the sentence. I won the case, and then the Supreme Court also found that IBM’s policy of remaining without pay had unreasonable provisions, and at the end of August this year, it was determined to win the case. “

The Supreme Court ruled that staying without pay means that the worker is temporarily exempt from providing labor services and the employer temporarily suspends payment of wages during the contract, but the employment contract has not been eliminated. When the worker requests reintegration, the employer cannot arbitrarily refuse without justified reasons and the employer is in control Internal information on job vacancies of the company is obliged to inform workers of the information for their choice and decision on reinstatement .

The ruling also noted that IBM Taiwan’s retention policy and retention and suspension documents stipulate that “employees must find a position on their own prior to reinstatement, otherwise they are considered to resign voluntarily.” This actually reduces employer obligations and increases job responsibilities. Fair and ineffective. Therefore, the second instance opinion is upheld and the relationship between Taiwan IBM and Gao Nan is considered to exist. From mid-January 2017 to Gao Nan’s reinstatement date, IBM must pay 165,741 yuan per month and calculate the annual interest rate at 5% The total interest is about 9 million yuan During this period, a labor pension of 9,000 yuan will be allocated to Gao’s special account monthly.

More than a month has passed since the verdict in this case was confirmed, and Taiwan IBM has not notified Gao Nan to reinstate his job.

The reporter asked Gao Nan, will she be happy when she returns to the company? Are you worried about the vision of your boss and colleagues? He reflected for a moment and said, “Of course I have thought about this. Five years have passed. The business environment should be different. But I have always been very concerned about IBM products and services, and I have been learning, and I have not stopped professionalizing myself “. In terms of work, I am ready to return to the workplace at any time, and with IBM’s maturity, I am not worried about finding a strange vision or differential treatment when I return to the company. “

Ironically, IBM of Taiwan just won the “Asia’s Best Employer Award” last month. To this, Gao Nan Huida replied, “I am very happy for the company and proud to be a member of IBM. If it happens again, I think IBM will handle it better.”

At the end of the interview, Gao Nan excitedly said, “When I decided to file a lawsuit for justice, all my friends told me,” Don’t be stupid, you can’t have a chance to win. “Some company executives persuaded me to private and they said you were in black and white. Everything signed, you have no chance in this matter, but what I think in my heart is that when the whole world leaves me, I can’t give up. “

He smiled again: “Thanks to God’s arrangement, I was able to take care of my mother and my younger brother. Now I am trying to get my ex-wife back. I have made great progress. After experiencing these difficulties, I am convinced that when God closes a door, I will definitely help you open it. A window. ”(Ding Muqun / Taipei Report)

[Para obtener más noticias judiciales, consulte el grupo de fans “Apple Jury”]

Post time: 09:28

Update time: 13:43 (opinion of the new lawyer)