The company sent me to other places, can I disobey, and if I am dismissed, will I be compensated?

Updated on workplace 2024-03-18
6 answers
  1. Anonymous users2024-02-06

    If the company sends the party to the field, it can be disobeyed. In case of dismissal, the employee shall be compensated at twice the rate of economic compensation.

    The labor dispatch entity shall inform the dispatched worker of the contents of the labor dispatch agreement. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement. Labor dispatch units and employing units shall not collect fees from dispatched workers.

    A labor dispatch entity is an employer for the purposes of this Law and shall perform its obligations to its employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

    The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for more than two years, and pay the labor remuneration on a monthly basis, and the dispatched worker shall pay the dispatched worker monthly according to the minimum wage standard stipulated by the local people** during the period when the dispatched worker is not working.

    The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

    Article 62 of the Labor Contract Law of the People's Republic of China The employer shall perform the following obligations:

    1) Implement national labor standards and provide corresponding labor conditions and labor protection;

    2) Inform the dispatched worker of the work requirements and remuneration;

    3) Pay overtime pay and performance bonuses, and provide job-related benefits;

    4) Conduct the necessary training for the dispatched workers on the job;

    5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.

    The employer shall not re-dispatch the dispatched worker to another employer.

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

    7) Other circumstances provided for by laws and administrative regulations.

  2. Anonymous users2024-02-05

    Whether there is such an agreement on dispatch in the original contract. If so, if you don't obey, you can discuss it first.

    Labor Contract Law:

    Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

    1) During the probationary period, it is proved that they do not meet the employment requirements;

    2) Seriously violating the rules and regulations of the employer;

    3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

    4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

    5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

    6) Those who have been pursued for criminal responsibility in accordance with law.

    Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

  3. Anonymous users2024-02-04

    You can disobey, and of course there is no compensation for being dismissed

  4. Anonymous users2024-02-03

    Legal analysis: If the employee disobeys the company's arrangement, resulting in the inability to complete the work task normally and is dismissed, then there is generally no compensation, but if the company is deliberately making things difficult and the employee completes the unreasonable work task, then the employee can claim the corresponding compensation after being dismissed by the company, but the premise is that there must be legal evidence to successfully defend the rights.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; 4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; 5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6) Those who have been pursued for criminal responsibility in accordance with law.

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

  5. Anonymous users2024-02-02

    Legal analysis: If the signed labor contract does not specify the transfer of work location, the employer cannot arbitrarily transfer the employee across administrative regions, you can disagree, if the company wants to dismiss you, it is illegal to dissolve or terminate the labor contract, and you can ask the company to pay double the economic compensation.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

    Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

    Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; 2) Seriously violating the rules and regulations of the employer; 3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; 4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; 5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6) Those who have been pursued for criminal responsibility in accordance with law.

    Article 40 Under any of the following circumstances, the employer may terminate the labor contract by giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after the cutaneous delay in training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

  6. Anonymous users2024-02-01

    Summary. The company transferred me to work in other provinces, I don't want to go, the company wants to fire me, is it reasonable? Will the company compensate you?

    I am a third-party outsourcing company signed a contract, I have not yet handed over the defense of social security, the contract is signed in Queshan for 7 months, and the probationary period cannot exceed one month. I've been working for just two months, so should I ask them to compensate me for half a month or double my financial compensation?

    Hello! Dismissal without cause is compensation for two months' wages.

    I didn't pay social security.

    The company does not buy social security and can claim compensation.

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