GUCCI Was Accused Of Using Double Standard &Nbsp For Labor And Labor Dispatching.

"To apply for water, to report to the toilet."

"The complexity of this labour dispute is the first case we have encountered in recent years. If handled properly, it will provide a demonstration of similar labour disputes in the future."

Shenzhen city human resources and Social Security Bureau Labor Supervision Detachment captain Niu Xiping told the media before.

Although the truth remains to be further investigated by local labor supervision departments, the incident has lifted the labor dispatch system in China.

The labor dispatch system, which is prohibited or strictly controlled abroad, has trained about 60000000 labor dispatch workers in China, and has nurtured a number of "sweatshops" objectively.

After Gucci entered China, it was entirely possible not to choose such employment system.

However, in order to maximize profits, Gucci, a multinational company, finally opted for "why not."

Labor dispatching

"Gucci is a gorgeous gown, but it is full of lice."

Some netizens are ridiculing.

In October 13th, the Shenzhen Federation of trade unions met with senior executives of Gucci China, demonstrating the position of Shenzhen Federation of trade unions and communicating and consulting the handling of events.

Under the coordination of the efforts of trade union organizations, the legitimate rights and interests of employees will be guaranteed and maintained.

However, because of the loopholes in the labor dispatch system, Gucci's labor dispute case in Shenzhen is faced with the problem of "off-site supervision".

The survey shows that Gucci's Shenzhen brand store has set up a complex system of labor employment: the 5 shop workers in the incident belong to Gucci management, but those who sign contracts with these Gucci employees are enterprises in Nanshan District, Shenzhen.

Statistics show that Gucci registered in Shanghai, all Shenzhen employees were contracted by means of labor dispatch, and shops in Shenzhen did not establish a company. It is known as "Shenzhen GUCCI flagship store". The real business registration name is Huarun (Shenzhen) Co., Ltd. thirteenth branch, so it does not even count Gucci branches. In fact, it is only equivalent to Gucci's "counter in Shenzhen".

An interview with China Economic Weekly (micro-blog) has found that the traditional employment mode is different from that of "employing people, employing people". At present, the service industry of general merchandise stores and so on generally adopts the system of "hiring people without people and employing no employees", which is often referred to as "labor dispatch".

Especially in the financial crisis environment, many enterprises pfer "hiring" to "rent" to save manpower and training costs. Workers are only temporarily paid "hired" by the dispatched company to the employers.

"Managers like our store manager and manager are usually contracted directly with the company, and assistants and shopping guides are based on personal circumstances."

A salesperson from a luxury store in Beijing Xinguang world told China Economic Weekly.

In recent years, the labor disputes of large multinational companies and foreign-funded enterprises in China are constantly being kept. Some enterprises cleverly seize loopholes in the law, but the phenomenon of modern "job hunting" is common, but has not attracted enough attention and promoted the perfection of relevant laws and regulations.

On the one hand, labor income has some advantages in signing labor dispatch contracts.

According to a press survey, because luxury brands have huge interest margins, even those who rent are willing to pay relatively high salaries, which partly obscures the risk of institutional defects.

For example, Coach, Belly and other brands of salesmen in the interview believe that the monthly income of more than three thousand or four thousand yuan, compared to similar practitioners is not low.

On the other hand, once labor disputes arise, it is difficult for dispatched personnel to safeguard their rights in law.

The resignation staff in this incident had much dispute with Gucci on overtime and overtime pay, but there were two evidences from Gucci: first, the electronic attendance record, and the two is the reply of the Shanghai Jingan District human resources and Social Security Bureau to Gucci's comprehensive calculation formula work system.

It is difficult for employees of their own Shenzhen companies to safeguard their rights in the law.

In an interview with China Economic Weekly, Song Zhaowu, a professor and doctoral supervisor of China University of Political Science and Law, said, "even if it is concluded that Gucci is punishing illegal practices in employment, it will be punished in a different place, and the difficulty of execution will be increased."

Song Zhaowu pointed out that, because the provisions of the labor contract law involving third parties are not perfect, many rules do not have corresponding provisions, which affect workers' rights protection to a large extent.

{page_break}

Double standards driven by interests

The China Economic Weekly has joined the United States, Britain and other places, and found that Gucci has not adopted the labor dispatching system in other countries, and the system is perfect and well paid.

Gucci has implemented double standards in China.

Song Zhaowu told China Economic Weekly that the biggest advantage of multinational enterprises in such labor evasion is the maximum cost savings.

The advantage of labor dispatch is to simplify the management of employment and facilitate workers to find jobs in a simple and quick way, which is conducive to promoting and expanding social employment.

"The existence of labor dispatch in the labor market is reasonable, such as part-time, seasonal, temporary and intermittent job opportunities, which is suitable for labor dispatch."

Li Guangdou, a brand expert, told the China Economic Weekly that for luxury companies, there are two aspects of the larger operating costs, one is store rentals, the other is staff salaries.

Since 2011, the country's store rentals have been rising. A luxury dealer told the China Economic Weekly that at present, the contracts signed by foreign luxury giants in China are basically outsourcing contracts, that is, outsourcing personnel to third party external service companies. "This is the best way to save costs, and as a company can control wages,"

"Although there are some loopholes in China's legal environment, such as the enterprise itself is fully capable of circumvention.

It is a general bottom line for multinational corporations to abide by the laws of the host country.

On labour issues, this requirement should be higher, not only to comply with the laws of the host country, but also to follow the laws of the home country and the International Labour Convention.

At the same time, MNCs should implement broadly unified labor standards around the world, fail to implement double standards, and play an exemplary role in undertaking corporate social responsibility. This is a professional ethics that an enterprise should abide by. "

Song Zhaowu thinks.

Gucci said in a statement on the evening of October 11th that it had replaced the relevant managers and shop directors, and declared to the outside world: "Gucci has been very concerned about the recent media reports. Gucci has made a thorough investigation of the related complaints, and has taken a series of measures, including replacing the direct and confidential channels of dialogue between the managers and shop supervisors, establishing and high-level companies, strengthening the training of the store management team, reiterating the company's personnel management principles and continuously improving the staff welfare and working environment of all the stores.

In addition, we have actively engaged outside consultants to conduct a comprehensive and systematic assessment of operations.

We are constantly investing in and strengthening the organizational structure, welfare and training of employees, the introduction and training of talents, and other management systems.

labor dispatch

Labor dispatching first appeared in developed countries such as the United States in the 70s of last century.

After 1990s, it began to become popular in China.

Labor dispatch is a mode of labor management which separates recruitment and employment. One party employs workers but does not employ workers, and the other side does not recruit workers. But actually, the two sides use the labor agreement to establish the relationship between the dispatched and employed personnel.

The characteristics of labor dispatch are: first, the workers are the employees of the dispatched companies, and there are labor contract relations. This is different from the labor agency and the labor agency. The two is that the dispatching company only engages in the labor dispatch business, and does not contract the project, which is different from the labor contract.

In this form of employment, employers only pay the wages of employed workers, while other responsibilities including social security and dismissal compensation can all be pferred to the labor dispatch company.

According to the survey conducted by the National Federation of trade unions last year, there are nearly 3 labor dispatch companies in China, and the total number of dispatched workers has reached about 60000000, accounting for 20% of the total number of domestic workers.

In contrast, in western countries, labor dispatch is a non mainstream form of employment. Most developed countries send workers to less than 3% of the total number of employed persons.

In some countries, such as France and Belgium, the law prohibits the dispatch of labor services. Other countries that allow labor dispatch have formulated various restrictive provisions including time limit and industry.