The company transferred me to a new position, I didn t do it, I resigned, can I leave immediately?

Updated on workplace 2024-04-03
8 answers
  1. Anonymous users2024-02-07

    No, if the employer is not involved in the contract change, the employee and the employer need to notify the employer in advance of the termination of the employment relationship.

    If an employee resigns, he or she only needs to notify the unit in writing 30 days in advance, and the probationary period can be notified to the unit three days in advance. There is no need for a reason. If the employer refuses to pay wages, then the employee can apply for labor arbitration to defend his rights.

    In accordance with the Labor Contract Law

    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.

    Interim Regulations on the Payment of Wages

    Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

    Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

    1) Withholding or defaulting on the wages of workers without reason;

    2) Refusal to pay wages for extended working hours;

    3) Paying wages to workers at a rate lower than the local minimum wage.

    The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

    Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

  2. Anonymous users2024-02-06

    Summary. Hello, according to your personal situation, it depends on the position you are transferred to is you satisfied? If you are satisfied, you can continue to do it, and if you are not satisfied, you can continue to resign.

    Hello, according to your personal situation, it depends on the position you are transferred to is you satisfied? If you are satisfied, you can continue to do it, and if you are not satisfied, you can continue to resign.

    The direction of the transfer is in my own planning, but I don't like the working atmosphere of the company.

    The only thing that can be confirmed is that if you submit a resignation application, the company does not agree, this is not allowed, but if the company thinks that you are in a better working state and wants to retain you and transfer you, do you agree with your own decision.

    Personal opinion, don't quit just yet.

    If the general direction is not wrong, then you can first insist on doing hail for a period of time and place the company at work to divide you, and do not like this is a difficult state that can be overcome a little, as long as it does not affect your career planning.

    Why. Because it's hard to find a job outside now.

    Because of the impact of the epidemic, layoffs are being made everywhere.

    If you have high requirements for the working environment, then you can quit your job and find a new one, which is no problem.

    But because this recent period is special, we should cherish our jobs.

    But if the nature of the company is not very good, the treatment aspect and the leadership give people a very oppressive feeling.

    If you feel that your work is depressing and you have different opinions about your work with your boss, you can change jobs like this.

    The working atmosphere is also very depressing, and there is no motivation for a working state.

    It can be seen that your requirements for the working environment are still relatively high.

    Every colleague looked depressed.

    Then you can change your job and change to a more energetic working environment, so that the work efficiency loss rate will be higher, and it is better to do a search for your future career.

  3. Anonymous users2024-02-05

    Legal analysis: If the company is transferred, the employee can resign. According to Article 35 of the Labor Contract Law of the People's Republic of China, the company's job transfer should be handled through consultation with the employee, and the content of the labor contract can be changed when the company and the employee reach an agreement through consultation.

    If the employee is incompetent for the job and is still incompetent after training or job adjustment, the employer may terminate the labor contract with 30 days' notice. If the employer terminates the labor contract on such grounds, it shall pay the employee severance compensation in accordance with the provisions of the state.

    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 labor distributor in one copy.

  4. Anonymous users2024-02-04

    If the employer forcibly transfers the employee, the employee has the right to resign at any time without the employee's consent. In addition, the employer also needs to give the employee a certain amount of financial compensation. Otherwise, the employee can file a lawsuit with the labor arbitration commission for compensation.

    Article 38 of the Labor Contract Law of the People's Republic of China.

    The employee may terminate the 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.

  5. Anonymous users2024-02-03

    Hello. Questions.

    Hello. Can an enterprise temporarily transfer an employee?

    No. The company can not be transferred at will, it must be negotiated with the employee to reach an agreement, the general position is written in the labor contract, and the transfer is strictly speaking to adjust the terms of the labor contract, so in principle, it is necessary to negotiate with the employee to transfer.

    Questions. If the objective circumstances in Article 40, Paragraph 3 of the Labor Contract Law and Article 26, Paragraph 3 of the Labor Law change and are temporary uncertainties, can the enterprise temporarily transfer the position?

    Under special circumstances, the position can be transferred, but it must also be agreed by the employee.

    Questions. If the employee does not agree, can the employer force the employee to stop work and rest and issue the minimum local treatment?

    OK. Questions.

    Is there a limit to the maximum time for temporary transfer under special circumstances?

    Generally, it is about half a year.

    Questions. If it is said that the maximum time is not more than 12 months, after 12 months, the official transfer.

    As long as the other party does not agree, you are not allowed to transfer people at will.

  6. Anonymous users2024-02-02

    According to Article 35 of the Labor Contract Law, the transfer of a company shall be handled through consultation with the employee, and the company and the employee may change the content of the employment contract when the company and the employee reach an agreement through consultation. If the employee is incompetent for the job and is still incompetent after training or training, or job adjustment, the employer may terminate the labor contract with 30 days' notice. If the employer terminates the labor contract on such grounds, it shall pay economic compensation to the worker in accordance with the provisions of the state.

  7. Anonymous users2024-02-01

    Summary. Do they have a good reason, and if not, they can go to the labor bureau to solve it.

    The company adjusted my job position in disguise and forced me to leave, should I go or not?

    Do they have a good reason, and if not, they can go to the labor bureau to solve it.

    Go. She provided 6 pieces of evidence, which are inconsistent with the objective facts, can I not go? Stick to your original post?

    You can't work at your original position.

    I went and talked to him.

  8. Anonymous users2024-01-31

    Employees who are transferred to positions in the company can not go. According to the relevant laws and regulations, the employer shall reach an agreement with the employee through negotiation. The company cannot terminate the labor contract in violation of the law, otherwise it shall pay compensation to the employee.

    Article 35 of the Labor Contract Law stipulates that 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.

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