If an employee does not agree to be transferred and wants to leave, does the company need to pay com

If a company wants to change the workplace of its employees, it should not only be measured from the perspective of appropriateness and necessity, but also take into account the interests of the enterprise and the interests of the employees, and should also consider that the change of workplace will have a substantial and significant impact on the family life of the employees. Generally speaking, the law does not interfere with the operational autonomy of enterprises, so as long as it is reasonable and reasonable for a unit to adjust its work position and location, it is generally not too interfering, but this degree needs to be mastered by the referee.

For forced resignation due to a change of work location, it depends on how to fill in the item related to the place of work when the employment contract is signed. Strict enterprises will indicate the specific place of work when the contract indicates the place of work, such as:

In Chengdu City, or you can add another sentence: I agree to the work deployment arrangement of any project store within the urban area because of the need for work.

The legitimate rights and interests of workers are protected by law, and employers should provide labor protection and working conditions for employees. The change of workplace directly affects the employee's own living and working conditions and related social insurance and other benefits, and the employer shall negotiate separately with the employee when changing the workplace.

Some companies need to set up branches or offices in other places because they need to expand their business because of their development. Of course, some companies will discuss personnel transfers with the employees themselves in advance, and some companies will also directly downgrade the order. Labor dispatch originated in the West, originally to meet some temporary employment needs, but in China's communications, electric power, petroleum and other large state-owned enterprises, once labor dispatch personnel accounted for about half.

According to the relevant requirements and policies of state-owned enterprises and institutions, labor dispatch personnel can only engage in temporary, auxiliary and seasonal work, and cannot engage in the main business, for example, if the two of you do not retire in the same year, then the average social wage is not the same, so there must be a certain gap in the calculation of pension.

No, you don't. This is a resignation that he is not qualified for the company's job requirements and voluntarily applied, not that the company wants to fire him, so there is no compensation.

If the employee voluntarily resigns, the company can give some compensation, but the compensation is not needed, because the law does not stipulate compensation for voluntary resignation, and only the company needs to pay compensation if the employee is voluntarily dismissed.

Of course, the company does not need compensation, because the employee must obey the company's arrangement, and the company will be responsible for the employee.

If the company unilaterally forces the transfer and the employee does not agree, can he be compensated?

Legal analysis: When signing a labor contract, the general worker and the employer will agree on the job position, and if the employer wants to transfer your position, it must obtain your consent, otherwise it will be regarded as a breach of contract. If the employee is dismissed by the employer because he does not agree to the job transfer, he can take the relevant work evidence and apply for labor dispute arbitration to settle the dispute, and the employee can obtain certain economic compensation for himself through legal means to make up for his losses.

Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China 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.

After the amendment, the employer and the employee shall each hold a copy of the labor contract.

The company must give financial compensation.

Target. Because the company has not obtained the consent of the employee, it has privately transferred the employee, so that the employee is forced to leave, the company's practice has infringed on the legitimate rights and interests of the employee, and the employee can request compensation from the company through the relevant departments.

According to the relevant laws, when the company transfers employees, it must be agreed by the employees themselves, and if there is no consent, the employees will be directly transferred from their original positions, which is very inappropriate and violates the relevant regulations, and the employees have the right to report to the labor bureau, and the company will be sued, and the employees need to make some compensation. Therefore, as an enterprise, you must comply with the regulations when doing things, and you can't let your own nature come, which will only make your company lose credibility and is not conducive to the future development of the enterprise.

As an employee, when your legitimate rights and interests are infringed, you must stand up in time, do not choose to compromise, because you do this, it will only allow more companies to infringe on the rights and interests of employees. That's because the cost of violating the law in these companies is too low, they don't realize the importance of this matter, so they don't care about the feelings of their employees at all, so as an employee, you should choose the most appropriate way to protect yourself, and let these illegal companies pay the corresponding price, so that they will realize their mistakes.

It is now a society governed by the rule of law.

Everyone needs to do things in accordance with the regulations, and if there is a violation of the regulations, they will have to pay the price, so that the society will be more harmonious, as an employer, it should be really for the sake of employees, and employees will feel the warmth of the enterprise, and he will feel more belonging.

If the company does not want to use it, the employee should give a valid reason, rather than forcing the employee to leave through some dirty means, which is not what a formal enterprise should do, and such an enterprise will pay a great price sooner or later.

The company does not need to give economic compensation, as an employee of the company, it is necessary to obey the company's arrangement, but if you do not agree, it will damage the interests of the company, and there is no need to compensate.

Yes, in this case, it is necessary to compensate the employee financially, because the company needs to seek the consent of the employee for job transfer, and if the employee does not agree, the unit needs to bear the corresponding legal responsibility for the resignation of the employee on this ground.

Employees who do not agree to the transfer and are forced to resign, generally the company does not need to bear economic compensation, because in this case, the company does not force the employee to leave, it is the employee who leaves, and the company's supervision is not very sound, so this is not a big problem.

If the company transfers you, you don't want to. But the company forces you to change jobs, and then you choose to leave, and the company may not give you financial compensation. Because you didn't agree to his transfer. Then he quit his job, so he probably won't give you financial compensation.

It depends on whether the company dismisses or the employee voluntarily resigns, and if the employee does not tolerate it and voluntarily resigns, then there is no compensation.

Because the company's decision requires the employee to be transferred, but the employee does not agree and is forced to resign, the company should compensate because it is the company's responsibility, and if the employer refuses to compensate, it can go to the labor department to apply for arbitration.

The company must give a certain amount of economic compensation, because employees are reluctant to transfer, sometimes it is normal, after all, there are some occupations, if they are transferred, they may not do well.

If the employee does not agree to the transfer and is forced to resign, the company should give financial compensation. Because this is the company's fault, it will cause employees to leave.

The company has the right to adjust the employee's position, and if the employee does not cooperate, then the voluntary resignation can only be the employee's reason, not the company's reason.

Legal analysis: The company allows the employee to be transferred, and the employee does not agree to resign and can claim compensation. According to the relevant provisions of the Labor Contract Law, the company's transfer of employees is a change of the content of the contract, and if the employer needs to reach an agreement with the employee to change the content of the labor contract, the change can be made after the agreement.

If the company transfers the employee from the post without reaching an agreement with the employee, it is a situation where the employer fails to provide labor protection or working conditions in accordance with the labor contract, so the employee can terminate the labor contract with the employer. If the employee terminates the labor contract due to such circumstances, he may request the employer to pay economic compensation.

Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China 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 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure 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) Failure to pay social insurance premiums for workers in accordance with the 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 specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated 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 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.

Legal analysis: If the employee does not agree to the job transfer, the employee can claim compensation from the employer after applying for resignation. The transfer of a job is a change of the employer's employment union, and the change of the employment requires the agreement of both the employer and the employee, and the employee can claim compensation for the transfer when signing the changed labor contract with the employer.

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

Article 35 The employer and the worker 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 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee 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 training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract is based, 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 negotiation.

Legal Analysis: The company should pay compensation. The employer can adjust the employee's job position according to its own production and operation needs, which belongs to the employer's right of independent management; However, if the company dismisses the employee on the grounds that the employee does not agree to the job transfer, the employment relationship between the two parties will be terminated.

Workers should protect their legitimate rights and interests in accordance with legal channels.

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

Article 47 Economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. 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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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.