What should I do if the company asks me to take a leave of absence for no reason?

Updated on society 2024-04-28
15 answers
  1. Anonymous users2024-02-08

    In general, employees who do not want to be transferred to another job have the right to refuse. Stipulating the employee's job position is a necessary clause of the employment contract; When the company has conclusive evidence that the employee is not qualified for the position, the company can transfer the position; When force majeure occurs in the company.

    or in other circumstances that make it impossible to perform all or part of the terms of the labor contract, such as the relocation of the enterprise, the merger, the transfer of enterprise assets, etc., the position may be transferred.

    Labor Contract Law.

    Article 17 The labor contract shall have the following clauses:

    1) The name, address, and legal representative or principal responsible person of the employer;

    2) The worker's name, address, and resident ID card or other valid identification number;

    3) The term of the labor contract;

    4) The content of the work and the place of work;

    5) Working hours, rest and vacation;

    6) Labor remuneration;

    7) Social insurance;

    8) Labor protection, working conditions and protection against occupational hazards;

    9) Other matters that shall be included in the labor contract as stipulated by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on a probationary period, training, confidentiality and supplementary insurance.

    and other matters such as welfare benefits.

    Article 40 of the Labor Contract Law stipulates that 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 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. After a work-related injury, if there is no disability, the employer may terminate the contract in accordance with the law, and if it constitutes disability, the employer shall not terminate the contract unless the employee meets the requirements of Article 39 of the Labor Contract Law.

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

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

    2) Serious violation of the rules and regulations of the employer.

    Target; 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 after being proposed by the employer.

    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.

  2. Anonymous users2024-02-07

    First of all, communicate with the company clearly why you are allowed to take a vacation alone, whether it is to take annual leave or what's going on, or to dismiss you. Then make a decision, if it hurts your personal rights and interests, it is recommended to ask the local labor bureau to intervene to help, so as to protect your best interests.

  3. Anonymous users2024-02-06

    You can ask the relevant leader why you want to take a vacation. You're going to start looking for a job, and in this case, the company's decision generally won't change, so it's better to find another way out on your own.

  4. Anonymous users2024-02-05

    The state stipulates that all teachers in major enterprises, state-owned enterprises and administrative departments must have paid leave, five days of paid leave within five years, and 15 days of paid leave every year after ten years. This is stipulated by the state, and no one can change it. He won't let you take time off, and you can go to the labor department to sue for rights protection.

  5. Anonymous users2024-02-04

    I don't have to stay here, this is a civilized word, and the vacation is directly said to be fired squid, and people move the living tree to die, and it is better to open it than here.

  6. Anonymous users2024-02-03

    If you can't do it, it means you should resign.

  7. Anonymous users2024-02-02

    Then take a good rest, know how to relax yourself when you are on vacation, and work well when you are working.

  8. Anonymous users2024-02-01

    In this case, of course, you should communicate well with the leader, why don't others take a vacation, only you take a vacation, this is unfair treatment.

  9. Anonymous users2024-01-31

    After the work injury, I can't do the previous job, the unit arranges a doorman job, and now the road is slippery on a snowy day, and the unit is afraid that I will be injured at work, and I will always give me a holiday, what should I do?

  10. Anonymous users2024-01-30

    I don't want to see it wither. Yes, in order to avoid the end, you avoid the beginning of everything.

  11. Anonymous users2024-01-29

    Are vacations paid? Why you are asked why you are going to take a vacation, it is better to have a written notice.

  12. Anonymous users2024-01-28

    Hello! Illegal. In the first month of unpaid leave, the company must pay one month's salary, and for the rest of the year, the company has to pay basic living expenses every month.

    If the company does not agree, it can file a labor arbitration to claim compensation. Legal basis: Article 12 of the Interim Provisions on Payment of Wages If the employer suspends work or production within one wage payment cycle due to the employee's reasons, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.

    If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, the call shall be handled in accordance with the relevant provisions of the state.

  13. Anonymous users2024-01-27

    Is it legal for a company to arrange an employee to take a vacation without a reason? What should I do when I encounter such a thing?

    The company's Anjing dispatch employees are legally on vacation. The law prohibits the extension of working hours, but does not prohibit the company from arranging employees to take vacations, and if the company arranges employees to take vacations, it shall pay wages and compensation in accordance with the provisions of the labor contract.

  14. Anonymous users2024-01-26

    Hello dear dear, [Legal Opinion] If the employer illegally extends working hours, the employee may file a complaint with the labor inspectorate, and the labor inspector will give a warning and order correction, and the injured worker shall be calculated at a standard of not less than 100 yuan but not more than 500 yuan per person, and a fine shall be imposed. 【Legal basis】 Article 41 of the Labor Law Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker. Article 42: In any of the following circumstances, extended working hours are not subject to the restrictions provided for in Article 41 of this Law:

    1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently; (2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner; (3) Other circumstances provided for by laws and administrative regulations. Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for the hours they are working in accordance with the following standards: (1) Where the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

  15. Anonymous users2024-01-25

    Hello! Illegal. In the first month of unpaid leave, the company must pay a blind month's salary, and the following period, the company has to pay basic living expenses every month.

    If the company does not agree, it can file a labor arbitration to claim compensation. Legal basis: "Interim Provisions on Payment of Wages" Article 12 If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract.

    If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Related questions
7 answers2024-04-28

1. A sole proprietorship enterprise shall meet the following conditions: >>>More

15 answers2024-04-28

If you don't need a reason to love someone, then you know so many people of the opposite sex in this world, why do you fall in love with him or her instead of someone else, and if you need a reason for love, then what is the reason for you to love that person? Do you need a reason to love someone? Everyone probably has their own opinions, but the answer is nothing more than two kinds, one is yes, and the other is no. >>>More

13 answers2024-04-28

Hello, glad for your question, you and he is the opposite sex, he likes you in his heart. >>>More

36 answers2024-04-28

Well--- for the New Year, it's best to have friends and family, if not, do something happy (think you're happy), or find a lively place and think carefully about your life; >>>More

19 answers2024-04-28

Huh, it's a headache, right? Personally, I think that since you fall in love, you will have something to give and gain. Love ta, if the conditions allow, go to him, if the conditions don't allow, just keep the relationship through communication, and then look for opportunities in the future.