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One of the most commonly used means is to transfer posts. When the company no longer needs your position, or needs to streamline your position, the company will generally adjust the "optimization object".
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In order to force you to leave your job personally, the department will choose to isolate you at this time. You will find that no one responds to you when you greet each other in the morning, there is no one for important work or meetings, no one is with you at lunch, no one communicates with you, no one smiles at you, this is also the so-called psychological attack.
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This step is generally used by the company as a last resort. Because talking about a salary cut is the same as talking about dismissal, it will also be based on your previous assessment, thinking that you are not qualified for the position.
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Compulsory overtime every day without pay and no rest, tired shoulder pain every day, overloaded workload, I had to resign.
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Companies will generally impose strict evaluations on you, and your evaluations will definitely be unsatisfactory. There will be a lot of demanding work on you, and even if you make a slight mistake, your superiors will hold on to it.
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Putting you in overtime every day is beyond the pressure you can handle, so you have to offer to leave your job.
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If the employee is given a long vacation due to the company's reasons, 80% of the usual salary will be paid if the vacation is within one month, and 80% of the minimum wage will be paid if the vacation is more than one month.
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Denying all your value makes you feel that your existence has no meaning. Constantly trampling on your confidence, ravaging your self-esteem, and forcing you to leave your job.
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At work, no matter what you do or how you do, you will always be denied and there will always be a bone in the egg.
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Actually, I don't think he can get you to quit if you can persevere.
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Use various means to force you to resign, if you can't get through and resign, this is legally your own resignation.
If you voluntarily resign, the company will not give you financial compensation, and you will not receive unemployment benefits from social security after you lose your job.
If the company dismisses you, it will give you financial compensation, and if you lose your job, social security will give you unemployment benefits.
Therefore, it is difficult to become evidence in the legal sense by various means, so it will not be illegal, and the resignation of social security can not pay unemployment benefits, saving an expense for social security, from this point of view, the probability of winning with law is low.
You have to learn to be patient, you have to practice to be a dead pig who is not afraid of boiling water, and what can you do if you are lazy and don't take the initiative to resign.
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You just don't leave, and then actively look for evidence during this period to prove that the company used despicable means to force you to leave voluntarily, and if you have evidence, it would be good to go to labor arbitration to sue him.
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1. For persuading employees who have left the company to return to the company, it can be said as follows:
1. First of all, pay attention to this employee and fully wear a high hat to this employee.
2. Ask why he left and what is still in the company that makes the employee not very satisfied.
3. Carefully consider the conditions proposed by the employee, if it is a salary problem, it is a small problem, and you can promise him that his salary will gradually rise in the near future.
4. If it's not a salary problem, see what the company can help you solve, such as renting a house, family relationships, children's schooling, etc., so that he has no worries.
5. Help him formulate one.
A career plan that illustrates what the future prospects will be if you continue to discover here.
6. It is recommended that important employees should let the boss talk about it in person, how to say that the leader will keep people in person, and the other party will also feel valued.
Second, if you want to keep the employees who are about to leave, how to persuade the employees not to resign, you can work hard in the following aspects:
First of all, you have to figure out why he resigned? Because of what, because of the low salary? Or is it because of unpleasant work? Or is it because there was a misunderstanding? I feel that first of all, you have to get to the crux of the problem and figure out why he resigned.
If he wants to change jobs, it means that other companies have better treatment and development prospects than your company, and if this is the case, I feel that you can not persuade him. Because such a situation is generally not persuaded to come back.
If it is a situation where the salary is low or it is not enough to meet its own development, there is no way to persuade in such a situation.
If it's because of unpleasantness at work, or if something misunderstood. In this case, you can talk to him alone, listen to him talk to you, you just need to be an observer, and then you have to show your support for him, so that he will feel less depressed, and then there will be a chance to accompany him.
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If the company forces the employee to resign in disguise, if the employee is not guilty of any fault as prescribed by law, and the employee is dismissed illegally, the employer shall pay compensation twice the standard of compensation for economic hardship; If the payment is not made, the employee shall apply to the labor arbitration commission at the place where the labor contract is performed or where the employer is located.
1. Is there any compensation for dismissal during pregnancy?
If an employee is illegally dismissed by the company during pregnancy, there is compensation. If a female employee is pregnant, giving birth, or breastfeeding, the employer shall not terminate the labor contract. If the labor contract is terminated in violation of this provision, the employer shall terminate the labor contract in violation of the law, and the employer shall pay compensation to the employee in accordance with twice the standard of economic compensation, that is, the employee shall be paid two months' salary for each full year of service.
2. How to compensate for being dismissed by the company for one month.
If you are dismissed by the company for one month, the specific compensation standard needs to be analyzed according to the actual situation. If the dismissal is caused by the fault of the employee, compensation is not required, and if the dismissal is faultless, the employer must notify the employee in writing 30 days in advance or pay the employee an additional monthly salary before terminating the labor contract. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of the Labor Contract Law.
3. Whether there is compensation for the dismissal of the company after signing an indefinite contract.
If an employee is dismissed by the employer without fault after signing an indefinite term labor contract, the employer shall pay economic compensation to the employee; If the employer illegally dismisses the employee, the employer shall pay compensation to the employee at twice the standard of economic compensation; If the employer is negligently dismissed, the employer is not required to pay compensation to the employee.
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Summary. Hello dear, it is illegal for the company to directly let employees leave their jobs. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract.
Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Hello dear, it is illegal for the company to directly let employees leave their jobs. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract. Legal basis:
Labor Contract Law of the People's Republic of China Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
I am a long-term contract My work performance is up to standard There is no obvious fault I want to consult what is the reasonable amount of compensation I can apply for How to calculate it reasonably If the company does not give me a tease How to deal with it.
If you have a long-term contract, you can request the company to pay you severance in the amount of one month's salary of the total amount of wages due to you for the unfulfilled term of the employment contract, in accordance with Article 41 of the Labor Code. If the company does not compensate you, you can apply to the local labor dispute arbitration commission for a labor dispute arbitration and ask the company to pay you reasonable economic compensation and any losses for violating labor laws.
For example, if my contract expires in 2036 and the salary is 1w, then I know how much compensation I should get.
There are 13 years left on the contract.
The amount of compensation should be 13 months' salary.
I've been working for 9 years, and there are rewards that have not been vested** will be vested in April this year, and this part should legally belong to me.
Pro, it's like this, and we're here to buy basic consulting services. Only the answer will solve one problem for you, if you want to solve more problems. It can be rounded to upgrade the service. Ask the group as many times as you want, and I can explain it all for you in detail.
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Summary. Hello I'm glad to answer for you, it's illegal for the company to directly let employees leave their jobs, it's illegal. Legal Analysis:
If the employee has evidence to prove that the employer's behavior violates one of the circumstances stipulated in Article 38 of the Labor Contract Law, the employee may be forced to resign and may request the employer to pay severance compensation.
Hello I'm glad to answer for you, it's illegal for the company to directly let employees leave their jobs, it's illegal. Legal analysis: If the employee has evidence to prove that the employer's behavior violates one of the circumstances stipulated in Article 38 of the Labor Contract Law, the employee may be forced to resign and may request the employer to pay economic compensation.
Legal basis: If a person is blind in the labor hail, he or she may terminate the 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.
The employer may terminate the labor contract under any of the following circumstances: (1) the employee fails to provide labor protection or working conditions in accordance with 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.
The company unilaterally asked to leave the company after two months on the grounds that the cooperation was unpleasant and the chain was rotten, and I have been working for the company for nine years and signed a long-term contract until 2036.
In this case, you can apply for labor arbitration to solve the problem.
At present, there are no major problems in the process of achieving the operational objectives of the work.
Apply for labor arbitration to settle the matter.
The supervisor felt that the personality was not suitable, and the work did not meet expectations, but it was not clear what was expected.
It is possible to apply for labor arbitration to resolve the issue.
I would like to know what reasonable compensation I can claim.
Wage compensation. Is 2n+1 okay.
OK. Is it legal?
Yes. You can apply for labor arbitration to settle the problem.
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If you want to refuse to do so, you can refuse to terminate the contract on this ground, and ask for compensation according to the number of years of service, and you can directly apply for labor arbitration to resolve the settlement through negotiation.
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Then you can still choose the fourth path, which is to file a labor arbitration with the local human resources and social security bureau, ask for the termination of the labor contract on the grounds of the company's breach of contract, and ask the company to compensate.
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Defend the law and protect your fundamental rights.
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1. The company often uses several means to force employees to resign by themselves
a. Transfer. b. Transfer from the original work area.
c. Pay cuts. d. Arrange overtime, or increase the workload.
2. The transfer of the post requires the consent of the employee himself, such as from the internal office to the field position, or from the administrative position to the production position, and the adjustment is illegal without the consent of the employee. You can disagree with the fact that it is illegal for the company to dismiss an employee for this reason.
3. The transfer from the original work area depends on what the work place is stipulated in the Labor Contract. Moreover, the geographical scope should not be too wide, such as writing "Hebei" or "the area where the company is located" in the place of work, etc., which is not supported by the labor law.
But if it's not too far apart, for example, if you are transferred from the south of a certain district to Beijing, and the employment contract also stipulates that you are in this district, then there is no way.
4. Salary cut, this is a very difficult thing to do, very ridiculous. Although the labor contract law does not allow unjustified salary cuts, the company can find many reasons, such as you are unable to complete the work of your current position, etc., which needs to be argued. It depends on the court and how the arbitration will determine.
5. Arrange overtime, this is easy to do, and it is easy to say overtime pay. Increasing the workload, this is more difficult to do, for example, you didn't do much work before, and now you have added some tasks, which is also part of your own job, as long as it is not too outrageous, it cannot be considered excessive. If you add the workload of other employees to you, that's fine, just go to arbitration.
6. Special attention should be paid to the fact that if the company signs a "transfer notice" or something like that, don't sign it first.
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