How to deal with the situation that the company forces the employees to retreat by "post adjustment"?
Bamboo 2021-05-04 12:31:50

Post adjustment and salary adjustment is an important means for an enterprise to manage and operate a company , But in reality, there are also many enterprises taking advantage of “ Adjusting posts ” In the name of , The purpose is not to pay economic compensation .

Employees often ask about this situation : Enterprises have changed their jobs , And lower salaries ; Or the enterprise will change itself to another job , The salary didn't go down , But working hours or intensity have increased ; Enterprises require employees to move to other places to work , Employees are not willing to go , The company said that if it could not go, it could resign and so on .

In fact, many employees understand , Post transfer is false , It's true to force yourself to leave . A lot of employees can't bear the pressure , In a fit of anger, he handed in his resignation or signed an automatic resignation agreement with the company , Just to achieve the company's goal , Saved a lot of money for the company .

So employees are facing this kind of problems of the enterprise, obviously taking the post transfer as an excuse ” Push back “ act , How to deal with it ?

First , Before an agreement is reached , Don't sign any agreement to transfer .

If employees start to agree to transfer , Afterwards, I felt as if I was not reconciled , I was fooled , I want to be transferred back , That's more difficult . Because according to 《 labour Contract law 》 Article 35 : The employer and the employee reach a consensus through consultation , The contents of the labor contract can be changed . Change the labor contract , It should be in writing .

Job transfer involves the change of labor contract , So there has to be a renewed agreement , In short, it requires the consent of the workers . If the laborer refuses to change the contract , Unless the enterprise job transfer behavior will not affect the treatment and life of employees , Then the enterprise cannot force the workers to transfer their posts .

That is to say, either let the employees stay in their original positions , Wages and benefits remain unchanged ; Either give employees equal or better treatment ; Or re-enter into labor agreements with employees ; Or lay off employees , Compensation according to the law .

secondly , Ask the company to issue a notice of job transfer .

It is necessary for a company to issue a notice of post transfer for its internal post transfer process , But the notice is important evidence for employees , It can be proved that the reason why the laborer leaves the company is that the company requests to transfer the post .

If the employee does not agree to the transfer , The company dismissed employees on the ground that they did not obey the deployment , Then the employee must ask the company to issue a certificate to terminate the labor contract , If the company doesn't issue a certificate , Workers can collect evidence by recording or chatting , To prepare for rights .

Many enterprises will also agree in the labor contract ” Employees should obey all the deployment of the company “ Clauses like that , And then at the same time of issuing the post transfer notice , And a portion of ” If you don't go to work, you will be absent from work “ I'm threatening to . Many workers don't know how to deal with it at this time .

In fact, this should be seen from the validity of the terms of the contract itself , Employees should obey all the deployment of the company “ Such an agreement is obviously invalid , Because the company's job transfer should comply with the law , The premise of legitimacy is OK , Of course, it is not the business that has the final say , So there's no need to worry about such a clause , It does not affect the claim of rights .

In addition, the problem of absenteeism does not exist , No new agreement has been reached , They're not employees in new positions , He Lai's absenteeism , Before we reach an agreement , Just go to the same position as before and work normally .

If the enterprise goes too far , Deliberately not allowing employees to punch in , Don't do things for employees , At this time, we just need the video to keep the evidence , In conflict , Select alarm , Or report it to the labor supervision commission .

Last , You can consider leaving and being forced to resign , opinion Working years pay economic compensation for termination of labor contract .

according to 《 Labor contract law 》 The first 38 Article and 46 Stipulated in article , The employer fails to provide labor protection or working conditions in accordance with the labor contract 、 Failing to pay labor remuneration in full and on time 、 Failing to pay social insurance premiums for workers in accordance with the law , The laborer can terminate the labor contract , At the same time, it has the right to require the employer to pay the economic compensation for terminating the labor contract according to the working years of the employer .

therefore , If the enterprise has a pay reduction without reason or any other illegal act affecting the normal work of the employees , Employees can prove that they are forced to leave , And those who claim compensation .

according to 《 Labor contract law 》 Article 47 :“ Economic compensation according to the number of years that laborer works in this unit , The standard of paying one month's salary every year to the laborer . More than six months and less than one year , By the year ; Less than six months , An economic compensation of half a month's salary to the laborer .

That is to say, if workers can't bear it , Ask to leave and be forced to leave , You can get N Double the salary .

By the way, here are three situations : One is that the enterprise is more kind , Just lay off employees , to N perhaps N+1 Times compensation ( Only if the enterprise is not dismissed illegally , Illegal dismissal is 2N Times compensation ); One is that employees are forced to leave on their own , You can get business N Times compensation ; One is voluntary resignation , The enterprise does not have to bear any compensation .

From this we can see that , Enterprises force employees to leave by means of job transfer , In fact, it's a game between enterprises and employees , See who can't hold it first , Who is lost .

In fact, I think the enterprise should stick to its conscience , Negotiation with employees is the priority .

exactly , With the economy down , Many small and medium-sized enterprises also have a hard time , Especially during last year's epidemic , A large number of small and medium-sized enterprises have been dumped , Layoffs or dismissals are a problem we have to face .

But even if the company can't survive, it's going to have to lay off employees , This also belongs to the dismissal of employees without fault , It should apply to N perhaps N+1 The principle of compensation in China , That is to say, employees should be informed to leave one month in advance , Or compensate employees for one more month's salary , Leave immediately , Compensation is equal to the employee's actual working years multiplied by the employee's before leaving 12 The average wage for months .

So that's why , Actually, the company wants to use it ” Adjusting posts “ Let's set up a routine for employees to leave on their own initiative , In fact, there are risks in itself , Once the conditions of post transfer involve violation of the law , At this time, the enterprise can not stand the direct dismissal of employees , It may involve the cancellation of the illegal act, and the resulting 2N The question of double compensation ; Even if employees can't stand it , You can also be forced to resign , It's also necessary N Double compensation .

So the enterprise may be busy for a long time , I didn't save much for myself , On the contrary, it only adds a lot of troubles . So if you want to fire an employee , It's better to follow the advice honestly N It's time to compensate the employees , Save a lot of trouble in the future . however , This premise is that the enterprise is really unable to operate , Instead of dismissing an employee illegally .

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