Consultation on job issues in the labor contract

The Labor Contract Law stipulates.

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.

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:

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.

According to the above provisions, Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

If there is an objective change in the company's operation, it shall obey the company's reasonable arrangements.

Paragraph 1 of Article 3 of the Labor Contract Law stipulates that the conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. Paragraph 1 of Article 35 stipulates that the employer and the employee may change the content of the employment contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

and Article 26, Paragraph 1, which stipulates that the following employment contracts are invalid or partially invalid ......(2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations.

According to the provisions of the Labor Law, if there is a major change in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation, the employer may terminate the labor contract, but shall provide economic compensation in accordance with the relevant provisions of the state.

If the contract between you and the employer is that the employee needs to change the job position in accordance with the regulations of the unit, you will not be able to do it without a reasonable reason, as long as the employer pays overtime wages on time and is not illegal overtime, you need to work overtime according to the needs of the unit's production and operation.

Legal analysis: Labor contract disputes should be referred to the local human resources and social security bureau of Shenming, which is the labor bureau in the past. If the rules and regulations of the employer directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 The establishment of labor relations shall be accompanied by a written labor agreement. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 30 The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

1. Which department to consult the labor contract?

If a dispute arises over an employment contract, the dispute should first be filed with the local labor dispute arbitration commission, which is often set up in the local labor bureau (human resources and social security bureau). Labor dispute arbitration is exempt from fees as stipulated by the state. If the applicant is not satisfied with the outcome of the arbitration, he or she may file a lawsuit.

The employer may be required to perform in accordance with the contract, and if the employer still does not listen to the opinions, the employee may initiate arbitration to demand performance according to the contract. The unit shall not be transferred without reason, and the resignation can be negotiated, and the resignation can be applied for if the negotiation fails. When the job position is inconsistent with the signed position, it is a change of contract, not the above situation, but the change of contract should be agreed by both parties.

If the employee does not agree to this change, there is every reason to require the employer to perform in accordance with the contract, and if the employer still does not listen to the opinions, the employee can file for arbitration to demand performance according to the contract.

1. How to deal with the company's transfer and salary reduction employees?

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. 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 employment contract, the adjustment of the position, as an important part of the contract change, must meet two basic prerequisites:

1. The two parties reach an agreement 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.

Second, how to compensate the boss for letting him go.

If the boss leaves, he can directly file a labor arbitration for compensation. The company does not have the right to change the position and treatment of the employee without authorization, and the employee may not agree, and if the company continues to make the change, the employee can initiate arbitration to demand the performance of the original labor contract. If the employee is compelled to terminate the labor contract, the employer shall pay the employee labor remuneration and economic compensation, and may pay compensation.

According to the relevant laws, if an employee is forced to resign, the employer shall pay severance to the employee.

Article 4 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

As the next person said, do you have any good evidence? If there is, you can ask to go according to the position performed in the contract, and you can't make up for the difference in wages between the two positions for compensation, and there is no compensation for the rest.

1. When your work content is inconsistent with the signed position, it is a change of contract, not the above situation, but the change of contract should be agreed by both parties. If you do not agree to this change, there is every reason to require the employer to perform in accordance with the contract. If the employer still does not listen to you, you can file for arbitration to demand performance according to the contract.

2. For specific reference to the Labor Contract Law of the People's Republic of China: Article 38 stipulates that an employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with 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; 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) 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;

Question: My contract signing is administrative.

It's actually R&D.