Do railway employees have the right to refuse to be assigned to work in the field?

If the railway employee and the employer to which he belongs have an employment relationship, and the place of work of the railway employee is stipulated in the relevant training agreement or labor contract, it shall be handled according to the agreement, and if it is necessary to change the agreed place of work, it shall be negotiated between the two parties. If the place of work is not agreed, the employer shall transfer the employee to work in other places based on the needs of the work, which is the employer's autonomy in employment and should be protected. If the employee does not agree, it shall be handled in accordance with the relevant provisions of the Labor Contract Law on the termination of the labor contract.

The labour law is not restrictive about the place of work. For the place of work, the employee can agree with the employer in the employment contract when applying for employment. If the parties do not have a place of work in the employment contract or only state the scope of the city, then the employer shall arrange the work position for the employee within the city according to the circumstances conducive to the employee's commuting.

If an employer changes the employee's place of work, it may determine whether the employer has violated the law according to the following principles:

1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle;

2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment, the salary is not reduced, and there is a correlation between the position agreed in the labor contract, the transfer is valid and should be complied with as an employee. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. You can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of work, that is, 2N;

3. If the employee is not competent for the job, the employer also has the right to adjust the position. Of course, the employer also needs to provide evidence if it claims that the employee is incompetent for the job. If the employee refuses to adjust the position, the employer terminates the labor contract on this basis, which is a legal termination, but the employer should also pay economic compensation, i.e., n.

Therefore, if the employer assigns the employee too far, it is necessary to judge whether the employer has the right to refuse based on whether the employer's starting point is to force the employee to leave the job or whether the employee has the right to refuse based on the needs of business management.

If the employer has something to arrange during the leave, it is generally necessary to accept the work arrangement of the unit. You can offer to arrange a vacation at a different time. But in the case of you above, you are too late to go to the exam, so you don't have to go, but you need to explain it to the unit.

You said that you went abroad, and you hate to play ** off duty the most, and directly said that you are in the field.

Hello, railway employees have the possibility of being fired after refusing to work due to work problems, so cherish your work.

If you have a labor contract, you won't be fired, but your wages will definitely be deducted.

No, don't think about it if you're an employee. I've heard that it's possible for the secretary.

It seems to be more than 500 kilometers away.

Alas......I don't know how your train depot is, it should be better than the Wunan train depot. Anyway, you still have normal Saturdays, Sundays, and holidays. My husband, who is also a railway worker, has only been home a handful of times since the second half of last year, let alone ...... family leaveEven though we are 1,800 kilometers apart, we are always rejected for various reasons, expressing growing disappointment with the railway system......

No, there are clear regulations on family leave, and more than 80 kilometers is a bit short.

I hope this friend will calm his anger first.

Your problem may be a very common contradiction at the grassroots level of the railway, many railway units have such a situation, I have not taken annual leave for five years, there is a small amount of subsidy in the first two years, since last year, because I have to make up three times the salary for not taking annual leave, so I don't even dare to pay the subsidy, only I owe it. The main reason is that the basic railway has not increased its personnel after several reductions in personnel and efficiency improvement and large-scale development in recent years, so the problem of personnel shortage has been exposed. Spring Festival, summer travel is busy, not to mention, the usual work is basically a radish and a pit, you think about it differently, if you are a leader, let all the people go, can the daily work be maintained?

So I only dared to put a few of them. This shouldn't be a question of quotas. In fact, the middle-level and grass-roots leaders of the railway are the most difficult, and the unlimited tasks above are pressed down, and they cannot be objective at all, while the workers below are not satisfied with their income and treatment, and the management is also difficult, so they are angry at both ends.

In addition, the outside world does not understand some railway companies, so everyone is very resentful, which is the reason for the mechanism, and everyone can not change it in a short period of time, so everyone can only understand each other.

There is a suggestion, if you want to take a vacation in the future, it is best to have a plan in advance, and then tell your leader in advance, hoping to be able to take a vacation at a more leisurely time, so that the leader knows it so that it can be easily arranged. When you see the leader at any time, find an opportunity to remind him, let him form a concept, and when you want to ask for leave, he will not be able to refuse, and you must be arranged to :) first

Of course, if there is indeed an urgent matter that needs to be taken off, I think the leader will be reasonable.

Home leave is a national statutory paid holiday, directly ask the labor department to ask for leave, reasonable things should be solved rationally, can take more **, the labor department is busy all day long, you don't say they will forget, so let them take things to heart, in order to achieve the purpose of solving this problem as soon as possible. Give it points.

There's family leave. Let's go to the labor and management to ask, and you can also open a family visit ticket.

If the employment contract is regulated, the provisions of the employment contract shall be followed.

If the employer changes the place of work and the employee terminates the labor contract on this ground, the employer shall pay economic compensation.

Severance shall be paid to the employee according to the number of years of service in the employer 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.

Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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 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 provided for 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) Terminating a 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.

The company's actions are disguised as illegal termination of labor relations, and you should be paid economic compensation for 6 months' wages in accordance with the law, and the legal basis is the provisions of Article 1 of the Labor Law.

The company cannot be required to pay severance payments. In the case you mentioned, the company did not violate the laws and regulations and the provisions of the labor contract. Therefore, in the event that you resign, the company may not pay severance payments.

Labor Contract Law of the People's Republic of China Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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) Terminating a 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.

Your situation does not fall under any of the above and you should not be eligible for financial compensation.

I was transferred back to the Nanning Railway Bureau, and I have someone from the Nanning Bureau who wants to go back to Xi'an.

Have you been transferred back, my boyfriend wants to be transferred back to Xi'an in the Nanning Bureau.

Find a unit to talk about, many people in our school do it in the Nanning Railway Bureau, but the internship is done in Nanning, and after a year or half a year, it will be transferred to another place (more remote places), if your girlfriend goes to Nanning, it is rarely possible to do it in Nanning, unless she is very capable, people keep her in Nanning The railway needs people in the development of the **, and everyone wants to go to a prosperous place, but not everyone can go

I'm from the Nanning Bureau, can I adjust it?

You can find a job on your own! As long as you have the ability, you can do it anywhere!

You're here to make money, right? If you don't go and give you money? Let's talk to the leader first.

You still have to go, since the company has issued an order, it has to be executed, there is no order, you can go a little later, but you also have to go.

Is it a verbal agreement to be transferred to work in the field by the company, or a written notice, it is normal to have no appointment, it can only be said that the company is not standardized, because it is an internal adjustment of the company, if you feel unwilling to go or unreasonable, you can negotiate with the company's leaders to solve, do not belong to disobedience to the distribution, the company has the right to deal with it, or to find the relevant leaders to negotiate and solve it.

If you don't want to go, you should communicate with the leader and get the leader's consent.

Or discuss with the leader, if you have difficulties, you have to tell the leader, if you go, it is also a work need, and then ask the leader, don't misunderstand.