Legal Aid Asking for Superior Fingers The company is laying off employees in disguise, what should w

I don't know if you want to continue to do it now or something else, but no matter how you apply for resignation, you can't sign it, and if you sign it, there is really no compensation, and you just go to work every day during the contract period. If the company wants to dismiss you, it shall compensate you in accordance with the law.

The so-called blacklist of enterprises is just a record of its enterprise, and it will not have any impact on you if you leave this enterprise.

The laws and regulations regarding compensation are as follows.

Labor Contract Law

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 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.

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

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

If there is a trade union, you can report it to the trade union and ask it to come forward to solve the problem, or apply for labor arbitration.

If the company wants you to resign and then join Wandekai, it may want to circumvent the legal requirement that you have to sign an indefinite employment contract after signing two consecutive fixed contracts. There may also be other cats.

1. Try to collect the company's paper documents about reform, transfer, and asking you to resign.

2. For the company's request that you resign after "intimidating many times and putting forward unreasonable work tasks to make it difficult", if you have a work record, it is best to make a copy of the work record. If you have a job description or something, it's a good idea to collect it as well.

3. Regarding dismissal, the company must have a reasonable reason to dismiss, otherwise it will have to be compensated. Whether or not to dismiss should be proved by the employer at the time of arbitration.

4. Apply for labor arbitration.

Finally, according to the Labor Contract Law, if the company dismisses an employee, the compensation will be based on the number of years you have worked for the company, and one month's salary will be compensated for each year of service. If it is less than six months, it will be calculated as six months, that is, half a month's compensation, and if it is more than six months but less than one year, it will be calculated as one year, that is, one month's salary will be compensated.

Gather the planted employees, and everyone will go to the lawsuit or discuss the law together, and the organization can be strong.

1. Find out who the other party of your labor contract is. If the company entrusts a third party to sign with you, does the contract explain the entrustment? Or is it that the two parties to your employment contract are your employees and the third-party company?

If the contract is clearly with Ding Jiayi Company, then look directly at step 3, if it is with a third party, look at step 2 first.

2. At this time, you can file an arbitration with the labor arbitration commission where the employer is located to confirm the labor relationship. Then the arbitration is initiated again, requiring the other party to take out insurance and continue to perform the contract.

3. Directly initiate arbitration, request insurance, and continue to perform the contract.

4. Even if the labor relationship is terminated, you will pay 6 months' salary, not 1 month. For details, please refer to Article 1 of the Labor Contract Law of the People's Republic of China.

Complain to the Labor Inspection Brigade or apply directly for labor arbitration. The employer can be required to pay double the severance payment.

"Disguised layoffs" refers to the use of various means to force employees to resign, such as malicious job transfers, cancellation of benefits, etc., in order to reduce labor costs, but do not want to bear the relevant liability for compensation due to dismissal.

There are two situations in which an enterprise terminates the labor relationship with an employee: first, if the company dismisses the employee, according to the provisions of the Labor Contract Law, the company shall pay economic compensation to the employee unless the employee seriously violates the company's regulations or causes significant losses to the enterprise due to dereliction of duty; Second, if the employee resigns voluntarily, the company must pay economic compensation without any trouble.

If an employee encounters a situation of "disguised layoff", he or she must first negotiate with the employer to resolve the issue, and if the negotiation fails, he can apply for labor arbitration, and if he is not satisfied with the arbitration, he can file a lawsuit with the court.

There are 10 main forms of disguised layoffs.

1. Unpaid long vacation, unpaid compensatory leave;

2. Unpaid education and training, free occupation of employees' time, such as military training, exercises, morning meetings, etc.;

3. All probationary employees will be dismissed regardless of their performance;

4. Transfer employees out of the familiar environment and force employees to resign by themselves;

5. Carry out overtime control to reduce the monthly income;

6. Cancel or reduce the current month's income;

7. Recheck the academic qualifications, experience and qualifications, and take the opportunity to dismiss employees;

8. Disciplinary assessment is prone to major demerits and punishments;

9. Reduce other benefits;

10. Other means, such as leave without approval, etc.

Expressing understanding and sympathy for your situation, a brief analysis is provided below

1. The company will transfer you to other counties to work on the grounds of changing positions, since other counties also belong to this company and are also a component of this company, then whether you understand it or not, from the perspective of a bystander, the company's behavior is reasonable and legal.

2. In this matter, staying, adjusting, and leaving, are the three roads, if you can't stay, you will be left to adjust and take the two roads, how to weigh it, it's all up to you. If you do have personal difficulties, you may wish to report to the company's senior leaders privately, remember, it is a private communication, introduce your specific difficulties, put forward the hope to continue to work here, and at the same time express a position to the leader, saying that it is most important to work hard here and obtain the understanding and support of the leader.

3. You must adjust your mentality, from your short questions, I feel that you have a great prejudice against the company. Working in a unit, it is very, very important to have a good internal relationship.

Finally, I hope your idea can be realized.

Do you have an employment contract with the company? If so, then I can tell you unequivocally: the company's behavior is not legal!

1. When the company wants to change your position, that is, the new position is different from the original position, you can refuse;

2. When the company wants to arrange you to work in other places, that is, when you are not in the work place agreed in the labor contract, you can also refuse;

The above two points of the Labor Contract Law stipulate that when the company wants to change these contents, it must obtain the consent of the employee himself.

So, the company can't ask you to resign in this way! You can just go back to work normally. When the company refuses, you should complain to the local labor department or apply for a paid termination of the employment relationship. At the same time, you need to collect some evidence that can prove your employment relationship with the company.

Your employment contract should stipulate your place of work. The employer should negotiate with you, and only if you agree to change the labor contract, if you do not agree, the employer has no right to unilaterally change, otherwise it is illegal. You can appeal to the local labor department, and if necessary, you can apply for labor arbitration free of charge with the labor dispute arbitration committee of the local county.

Don't quit yourself, then there will be no financial compensation or compensation.

According to the provisions of the Labor Contract Law, if the employee does not obey the work arrangement of the employer, the employer can terminate the labor contract, so if you do not go, the employer can terminate the contract with you, and you cannot be compensated.

Not legally, you have the right not to go.

Zongheng Legal Network-Guangdong Prometheus (Guangzhou) Law Firm-Yang Yanguo lawyer.

You can go to the labor inspection brigade to file a complaint or apply for labor arbitration. Don't write your resignation on your own.

According to the provisions of 40 46 47 of the Labor Contract Law of the People's Republic of China, you will be given half a month's salary as severance compensation.

Whether an employment contract has been signed. How long is the contract?

1. The employer cannot change the labor treatment at will, and the working hours must be agreed upon by the trade union and the parties, which has actually violated the provisions of the labor law, that is, arrears and deduction of wages.

2. You can negotiate with the employer first, negotiate with the labor union and the employer, and complain to the labor inspection department.

If the employer does not agree, you will resign directly, in which case, the resignation employer must still pay severance and pay additional severance compensation (50% of the severance payment).

3. If the unit still does not give money, it should go to the labor arbitration commission to apply for arbitration, and after the arbitration, you can also go to the court to sue, but you must first arbitrate before you can go to the court.

Hope it helps.

You can go to the labor administrative department to complain. In addition, this year's minimum wage is 1,620 yuan, and you can ask for the difference. And social security or something.

If not, you can ask for supplementary payment, and if you do not make supplementary payment, you can unilaterally terminate the labor contract and claim corresponding compensation. If the unit is very formal in all aspects, then there is nothing the company can do to play scoundrels.

That's all there is to say, so let's do it!

Labor Contract Law

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

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 other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

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.

On the contrary, unilateral modification of the agreement without consensus is illegal and can be refused.

The company will pay the salary of the layoff employee until the time of termination of the contract, and pay economic compensation at the same time.

According to Article 41 of the Labor Contract Law, if the company meets one of the following circumstances, it may reduce the number of employees after explaining the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the layoff plan may be reported to the labor administrative department

1. Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2. Serious difficulties occur in production and operation;

3. Where it is still necessary to lay off personnel after the labor contract is changed, the enterprise still needs to reduce its personnel after changing its production capacity, major technological innovation or adjustment of its business mode;

4. Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

In the case of layoffs, according to Article 9 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor, wages shall be paid until the termination of the contract, and shall be settled in a lump sum at the time of termination. In addition, according to Article 46 (4) and Article 37 of the Labor Contract Law, severance shall be paid according to the employee's salary of one month per year for the number of years of service in the employer, and shall be paid on the basis of one year for the period of six months but less than one year, and for the period of less than half a year, the maximum period of payment shall be 12 years.