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If an employee with an indefinite labor contract is forcibly transferred to the workplace, he or she may negotiate with the employer, and if the negotiation fails, he or she may request the continuation of the original contract, otherwise he may appeal to the labor administrative department.
In accordance with the provisions of the Labor Contract Law of the People's Republic of China.
Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel laborers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.
Article 32 Where a worker refuses to be commanded by the management of the employer in violation of rules and regulations or compels him to work at risk, it shall not be deemed to be a violation of the labor contract.
Workers have the right to criticize, report and accuse the employer for working conditions that endanger their lives and health.
Article 33 The change of the name, legal representative, principal responsible person or investor of an employer shall not affect the performance of the labor contract.
Article 34 In the event of a merger or division of an employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations.
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.
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If there is a job agreement in your labor contract, if the employer wants to transfer your position, it must obtain your consent, otherwise it will be regarded as a breach of contract, and you can apply for labor dispute arbitration to resolve it;
If it's just a general agreement, you can ask the company to give you a written explanation of why you are not up to the job.
If you are forced to change jobs, you can leave your job and ask your employer to pay you compensation. If the employer directly dismisses you, you can claim economic compensation for illegally terminating the labor contract.
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Hello, if the employer does not reach an agreement with you, you can refuse, and the labor contract should continue to be performed in accordance with the original agreement.
According to Article 35 of the Labor Contract Law, 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.
This also means that in the absence of special provisions in the labor contract, the adjustment of the position, as an important part of the contract change, must meet two basic prerequisites: 1. The two parties reach a consensus through consultation; 2. Take written form. Both are indispensable, and if the employer unilaterally transfers the employee without consensus, the employee has the right to refuse.
The labor contract shall continue to be performed in accordance with the original agreement.
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If the company has a valid reason to change jobs, the employee can terminate the employment contract by agreement if he or she does not agree. Termination of the employment contract can be compensated.
Severance shall be paid to the worker 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, half a month's economic compensation shall be paid to the worker.
If the company unilaterally terminates the contract without cause, it has the right to claim compensation. The legal basis is as follows: >>>More
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If the employment relationship is terminated by mutual agreement, the employer shall pay the employee severance and one month's salary for each full year, which is the average salary of the employee in the 12 months before the resignation, and is calculated from the salary payable, without deducting taxes and fees.
Model Standard Employment Contract.
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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: >>>More