Labor law, job transfers, contract expiration, and other related issues

1. The Labor Contract Law has clear provisions on job transfer and contract expiration;

2. The transfer of posts is an agreement on the modification of the labor contract, and the employer shall reach an agreement with the employee through consultation, and the change of the labor contract shall be in written form, and the employee and the employer shall each hold one copy;

3. When the contract expires, the employee can choose not to renew the contract with the employer, and the labor contract will be terminated; Except in the case where the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract, the employer shall pay severance if it does not renew the labor contract with the employee;

4. Legal basis: Labor Contract Law

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.

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

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

5) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

There is no requirement for the enterprise to give one month's notice when the contract expires and is terminated, but the enterprise is required to pay economic compensation if it does not renew the contract, and the economic compensation is one year and one month.

Reference: (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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

Article 44 The labor contract shall be terminated under any of the following circumstances: (1) The labor contract expires).

If the employment contract expires and is terminated, the Labor Contract Law does not require the employer to give one month's notice, so there is no payment in lieu of notice. If the employer does not renew the contract, it shall pay severance payment, and the calculation of severance shall be calculated according to one month's salary for each year of service; Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the wage.

And your double salary should only start counting on May 2, so your double salary cannot be claimed.

1. According to the provisions of the Labor Contract Law, if you do not sign a labor contract, you must pay double wages from the second month from the date of actual employment, that is, you can claim double wages from May 2, 2010.

2. The adjustment of the position must be agreed by both parties through consultation. If the contract expires and the company terminates the employment contract without renewing it, you can claim severance at the rate of one month's salary for each year of service.

3. Payment in lieu of notice can only be claimed if the employer can contact the employment contract 30 days in advance without prior notice, and what you are saying does not belong to this case.

Lawyer Lian Jiang Tianzheng.

Wait a month to settle accounts with him!

Legal analysis: If the employee does not agree to the company's job transfer arrangement, it means that the employee and the company cannot reach an agreement on the change of the labor contract. In this case, the company has the right to terminate the labor contract with you by giving 30 days' written notice.

In this case, the company shall give you one month's salary compensation for each full year of your working years.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China 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 employee is sick or injured not due to work, and cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he work separately arranged by the employer from the cause of hail.

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.

Legal Minling analysis: Looking at the agreement of your labor contract, if there is no reasonable transfer, without your consent, you can go to the labor inspection brigade to report.

Article 3 of the Labor Law of the People's Republic of China Workers enjoy the right to work and choose their occupation on an equal footing, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.