I. Summary of the Core Content
This article starts with a trending story about Xiao Gu, a worker from Chongqing, who was employed for 6.5 years but was expelled from 845 work groups by her company, had her computer confiscated, and was forced to sit idle, ultimately receiving only 55 yuan in her last half-month’s salary. It took her nearly a year to go through arbitration and two court trials before she won the case. By drawing on the author’s own workplace experiences from over 20 years ago, the article thoroughly analyzes the standardized tactics and meticulous legal loopholes used by companies in what can be referred to as “soft layoffs.” It highlights the root cause of these practices—namely, the stark disparity between the low cost of companies breaking the law and the high cost for workers to seek justice. The article argues that individual workers, relying on gathering evidence and mobilizing public opinion, are unable to address the systemic injustices in the workplace.
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II. Detailed and Accessible Explanation
1. Soft layoffs are not merely a “mischievous” act; they are a well-thought-out method for companies to save money
Many people think that companies deliberately ignore or deprive employees of their work rights as a personal insult. In reality, this is a well-structured “non-responsible dismissal” strategy that has been refined by HR professionals over the years, with every step carefully designed to avoid legal consequences. If a company directly fires an employee, it must pay a compensation of 2N times the employee’s salary. Even if the dismissal follows legal procedures, it still incurs significant financial costs. For example, if an employee with a monthly salary of 10,000 yuan has worked for 6.5 years, the legal compensation would amount to over 70,000 yuan. However, with soft layoffs, the company doesn’t have to pay this amount. By simply removing the employee from all work groups, confiscating their computer, and not assigning them any tasks, while keeping them under surveillance, the company effectively “socially kills” the employee. Most people can’t tolerate this humiliation for more than a week or two and resign on their own, and the company doesn’t have to pay a cent in compensation.
There are many variations of this tactic. For instance, an employee living in Fengtai might be suddenly assigned to work in Miyun, a four-hour commute away. If they refuse, they can be labeled as “unresponsive to management” and fired for absenteeism. If an employee needs to take time off due to a family emergency, they can be dismissed for “excessive absenteeism.” All these moves are intended to force the employee to leave on their own without the company incurring any responsibility.
2. The company’s decision to pay only 55 yuan is a calculated gamble that the employee can’t afford to wait
Some people wonder why a company would pay a small amount of salary if it intends to dismiss the employee. This is another example of the company’s meticulous adherence to the law. According to the law, companies cannot withhold wages without cause, and employees can legally demand compensation for unpaid wages. By paying a small amount, the company can create various excuses for deductions, such as claiming the employee’s performance was poor or that they were absent from work. The law also bases the calculation of compensation on the average salary of the 12 months before departure. By deliberately paying low amounts for several months, the company can lower the average salary and reduce the compensation by 80%. The ultimate goal is to make it impossible for the employee to afford the legal process, which can take anywhere from one to three years. During this time, the employee must constantly take time off for arbitration and court hearings, making it difficult to find a new job. The interruption in social security can affect medical benefits and housing opportunities, and most workers cannot afford such a long wait. As a result, they either accept their fate or settle for a small settlement from the company.
3. Don’t envy Xiao Gu’s victory; 99% of ordinary workers can’t replicate her approach
Xiao Gu’s victory is often seen as a victory for workers, but the author, being a lawyer, points out that it’s a rare event. Most workers lack the awareness and evidence collection skills she did. She saved years worth of communication records (several gigabytes) and never deleted any messages related to work requests. Moreover, her situation hit a common issue for all workers, which accelerated the legal process due to public attention. However, the rule that “the party making the claim must provide the evidence” favors the company. To prove that the company acted maliciously, the employee must provide conclusive evidence, which is often difficult to obtain. Even with ample evidence and public support, Xiao Gu only received the legal minimum compensation and still hasn’t recovered the unpaid social security and housing fund.
4. Soft layoffs have persisted for over 20 years due to the inverted cost structure
Since the author was graduated in 2000 and was indirectly dismissed by a company due to internal conflicts, this tactic has remained unchanged. Courts in many places have recognized that confiscating work computers, removing employees from work groups, and restricting access to communication tools as not providing necessary working conditions are illegal. However, the law is static, while companies constantly seek loopholes. The cost of breaking the law is virtually zero for them; hiring an HR professional costs a few thousand yuan, and the average cost per dismissed employee is just a few hundred yuan. In contrast, the cost for workers to seek justice is high: they must invest time and energy, risk losing their jobs, and cover their own legal fees, with the compensation they receive often not covering the losses they’ve suffered. This inverted cost structure effectively encourages companies to use soft layoffs, forcing workers to be vigilant from day one and making it difficult for individual workers to fight back against organized corporate tactics.