近期，部分用人单位为规避支付经济补偿金，采用恶意调岗降薪、架空权限等“软裁员”手段变相逼迫员工辞职 1。记者通过豆豆和沈女士的案例揭示了此类现象及其隐蔽性，指出劳动者在举证和维权过程中面临诸多障碍 1。江苏常州商场员工豆豆因经理长期刁难（包括打低绩效、布置超额任务）于2024年4月辞职，事后发现公司在其离职前已招聘替代者 1。合肥某制冷设备企业员工沈女士被单方面调岗至车间，打卡权限被关闭，最终公司以旷工为由开除；仲裁庭认定公司违法解除劳动合同并判决双倍赔偿 1。
律师张清鑫指出，企业若无正当理由解除合同且不支付补偿，即属违法解除，需按经济补偿金标准的两倍支付赔偿金 1。教授杨复卫认为，“软裁员”本质是未经协商一致变更劳动合同核心内容，可能构成违法；建议细化法律规则，厘清岗位调整与变相逼退的边界 1。教授娄宇指出，数字化办公工具导致工作记录易删除，劳动者举证困难，且维权时间成本高；建议最高审判机关出台司法解释和指导案例统一裁判思路 1。专家建议劳动者遭遇疑似“软裁员”时，应及时固定证据（如工资流水、考勤记录），并在合同未解除前继续履行职责或明确表达工作意愿 1。
Employers in China are increasingly adopting "soft layoff" tactics, such as malicious transfers, salary reductions, and stripping of job authority, to force employees to resign voluntarily while avoiding the payment of severance compensation 1. This trend has sparked significant controversy regarding labor rights protection, with media investigations highlighting how these methods create an environment where workers are effectively pushed out without formal termination notices 1. The practice poses substantial challenges for employees attempting to prove their cases and seek legal recourse, prompting calls from experts for clearer regulations on invisible dismissals 1.
Two specific cases illustrate the mechanics and consequences of this strategy. In Changzhou, Jiangsu Province, a mall employee known as Doudou resigned in April 2024 after enduring long-term harassment from a manager, including low performance ratings and excessive workload assignments; she later discovered that the company had already begun recruiting her replacement before her departure 1. In Hefei, another case involved Shen, an employee at a refrigeration equipment firm who was unilaterally transferred to a workshop position and had her clock-in privileges revoked 1. When the company subsequently fired her for absenteeism, an arbitration tribunal ruled that the dismissal was illegal and ordered double compensation 1. These incidents underscore the deceptive nature of such actions, where employers manipulate working conditions to make resignation seem like the only viable option for the worker 1.
Legal experts argue that current frameworks require refinement to address these covert practices. Attorney Zhang Qingxin noted that if a company terminates a contract without just cause and fails to pay compensation, it constitutes an illegal dismissal requiring double the standard severance payment 1. Professor Yang Fuwei characterized "soft layoffs" as changes to core contract terms without mutual agreement, suggesting that legal rules must be detailed to distinguish between legitimate job adjustments and disguised forced resignations 1. Furthermore, Professor Lou Yu pointed out that digital office tools complicate matters by allowing easy deletion of work records, creating evidentiary difficulties and high time costs for workers pursuing claims 1. He recommended that the highest judicial authorities issue interpretations and guiding cases to unify adjudication standards 1.
In response to these challenges, specialists advise workers facing suspected soft layoffs to immediately secure evidence, such as salary slips and attendance records, and to continue fulfilling duties or explicitly express willingness to work unless the contract is formally terminated 1. Strengthening preventive measures and providing clear judicial guidance remain key recommendations to safeguard the legitimate rights of employees against these evasive corporate strategies 1.
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