Claims for labor disputes

The position on the labor contract you signed with them is "operator", but then you change jobs and serve for 15 months (this requires you to provide evidence and witness testimony to prove it), and both parties have no objection to the 15 months of work, which means that you have changed the position and changed the content of the contract by mutual agreement - now they require you to change to another job, this still needs to be renegotiated, otherwise it is not performed according to the contract and constitutes a breach of contract.

Their suspension of your job for this reason constitutes an illegal termination of the employment contract and you shall pay severance (Article 87 of the Labor Contract Law).

Even if you really don't meet the job requirements, then you need to give 1 month's notice to terminate or pay 1 month's compensation to be terminated.

15 months of work period, the amount of economic compensation is 1 and a half months of salary, according to the illegal termination of the contract is 3 months of salary, your company "requires me to voluntarily leave and compensate me for 3 months of salary" This compensation amount is OK. . . As for the overtime pay on New Year's Day and National Day, you need to prove the fact of overtime, although overtime on statutory holidays is "triple wages", but within 15 months, it is 2 days, not much money, and it is enough to stop.

Specific reference: According to Articles 35 and 40 of the Labor Contract Law, there are only four situations in which an employer adjusts an employee's position in accordance with the law: 1. The two parties agree to transfer the employee's position through consultation; 2. If the worker is sick or injured not due to work, he or she cannot be transferred to the original job after the expiration of the prescribed medical treatment period; 3. The worker is not competent for the job transfer; 4. There is a major change in the objective circumstances on which the labor contract is concluded.

Article 40 of the Labor Contract Law Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: ......2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

1. Overtime on New Year's Day and National Day should be paid according to the standard of 3 times the salary;

2. The payment in lieu of notice is paid when the unit terminates the contract;

3. The economic compensation is paid when the unit unilaterally and illegally terminates the pulling contract, and the participating unit does not purchase social security for you is one of the reasons for terminating the contract, and the unit can be required to pay economic compensation;

4. In addition, if you do not enjoy annual leave in accordance with the law, the employer will also compensate you with 3 times your salary.

Legal analysis: Labor disputes, also known as labor disputes, are disputes that occur during the provision of labor services. In the event of a labor dispute, a labor relationship must first be formed, and a dispute that occurs during the existence of the labor relationship is called a labor dispute.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations, (2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts, (3) Disputes arising from removal, dismissal, resignation and resignation (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection, (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc., (6) Other labor disputes stipulated by laws and regulations.

First of all, how long is your trial period, generally one or three months, which corresponds to the time of signing the contract, and the trial period is long, and the contract period is often long. There is also a contract for the trial period, and if there is none, it is the responsibility of the unit.

It is okay to dismiss you after the trial period, and there are concentrated circumstances, including major violations of law and discipline, major violations of the unit system, etc. This kind of inappropriate personality is not a sufficient reason to be targeted, and the employer should pay you double the salary compensation.

Since you have not signed an employment contract, you can ask the employer to pay you double your salary.

If the insurance is not on, you will have to make up for it, and the provident fund will also be made up (the provident fund is to be sued, and labor arbitration is not involved).

It is recommended that you go to the labor arbitration department to apply for arbitration, and the arbitration can basically be completed.

1. If you do not sign a labor contract, you will be paid double wages.

2. It is illegal to work 13 hours a day, and 8 hours of overtime must be paid, and the total working hours per week cannot exceed 56 hours.

3. It is illegal to not give you insurance and provident fund, and you can ask it to make up for the leaseback.

Go to the labor bureau, only go by yourself, others will not help you for no reason.

Whether there is an employment contract or employment agreement. Go to labor arbitration to apply for arbitration on labor disputes! If not, you can go to court to sue.