Is it reasonable for a company to limit the number of times an employee can go home on the grounds t

Updated on society 2024-06-26
29 answers
  1. Anonymous users2024-02-12

    Of course, this is unreasonable, why should you be deprived of formal procedures to take leave to go home.

  2. Anonymous users2024-02-11

    Unreasonable, because the company's rules and regulations are relatively strict, it is the company's problem, employees can still go home, and the number of times they go home should not be limited.

  3. Anonymous users2024-02-10

    It is unreasonable for companies to limit the number of times employees go home because they are far away from home. As long as the employee does not affect their work, the number of times they go home can be adjusted by themselves. It should not be limited by corporate hunger.

  4. Anonymous users2024-02-09

    This is unreasonable and should be decided on the basis of the total number of leave requests stipulated by the company, taking into account special circumstances.

  5. Anonymous users2024-02-08

    Unreasonable, as long as the employee does not affect the work because of going home, the employer should not and has no right to limit the number of times the employee goes home.

  6. Anonymous users2024-02-07

    Of course it doesn't make sense. We're all adults, and going home has nothing to do with the company, it's all private life. It is managed by the company during working hours, and it has nothing to do with the company outside of working hours, so does the company even have to manage our private life? It's ridiculous!

  7. Anonymous users2024-02-06

    This is certainly unreasonable, it is the freedom of employees to go home, and the company cannot limit the number of times employees can go home because of the long way home.

  8. Anonymous users2024-02-05

    This is definitely unreasonable, the company and the employee belong to the employment relationship, unless the special position, the contract stipulates the working hours, as long as the company arrives at the company in accordance with the company's regulations on the time of commuting, it is definitely not possible to restrict going home.

  9. Anonymous users2024-02-04

    This practice of the company is reasonable, and due to the nature of the work, the company gives the employees daily travel expenses and field allowances. It is hoped that employees can devote their energy to their work wholeheartedly. Employees go home every day, which will greatly affect their work, such as some post-sales service positions, and they must learn to empathize in the workplace.

  10. Anonymous users2024-02-03

    This situation is of course unreasonable and illegal, telling you not to delay work, how many times you go home under normal circumstances is the employee's personal private matter, and has nothing to do with the company.

  11. Anonymous users2024-02-02

    I don't think it's reasonable, but if you're a regular worker, you can only comply, and if you're a temporary worker, you can resign, after all, the company is too lenient. Besides, it was originally a double choice.

  12. Anonymous users2024-02-01

    Of course it's unreasonable, it's up to me whether I go home or not? Far away, I can go home less, but I can't let the company restrict my freedom, I have my freedom when I rest.

  13. Anonymous users2024-01-31

    Unreasonable, employees have holidays and can go home freely.

  14. Anonymous users2024-01-30

    It's not reasonable, but if you're good enough, you can be flexible, like taking a few more days off at a time.

  15. Anonymous users2024-01-29

    This formula is stipulated, everyone has a few days off, when others are on vacation, you don't have the right to care about others going home or going to **, if this kind of normal situation, there should be no right to manage other people's home.

  16. Anonymous users2024-01-28

    The company's approach is unconscionable, but it's understandable if you miss work every time you go home because of a leave of absence (your job is important).

  17. Anonymous users2024-01-27

    Whether it is legal or not depends on whether it is legal or not, and you will perform your duties according to labor laws and contracts with the company.

  18. Anonymous users2024-01-26

    It's a question, as long as you don't interfere with work, you can go home, but you can't delay your time at work, it's reasonable and legal, and there's a company that can't say anything else.

  19. Anonymous users2024-01-25

    Under the premise of not affecting the normal work, it is normal for employees who are far away from home to go home to visit relatives?

  20. Anonymous users2024-01-24

    The law stipulates that the employer shall not deduct wages, except for those that cause economic losses, even if economic losses are caused, the deduction shall not exceed 20% of the monthly salary, and the fine of 1200 600 has exceeded this amount, which is an illegal act, as follows:

    Interim Provisions on Payment of Wages".

    Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:

    1) Individual income tax withheld and paid by the employer;

    2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

    3) Child support or alimony required to be withheld in court judgments or rulings;

    4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

    Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary.

    If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

  21. Anonymous users2024-01-23

    No, as long as the company does not violate labor laws, it is up to the company to decide how to treat employees.

  22. Anonymous users2024-01-22

    This involves the formulation of the internal rules and regulations of the employer and the legality of the issue. Article 4 of the Special Law on Labor Contracts.

    Employers. Labor rules and regulations shall be established and improved in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

    Employers are in the process of formulating, revising or deciding on labor remuneration, working hours, rest and vacation, labor safety and health, etc

    When rules and regulations or major matters directly related to the vital interests of workers, such as insurance benefits, employee training, labor discipline and labor quota management, are to be discussed by the workers' congress or all employees, plans and opinions are put forward, and they are determined through consultation 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.

  23. Anonymous users2024-01-21

    The Labor Contract Law does not stipulate that an enterprise may limit the working years of an employee, however, the labor law stipulates that an employee shall retire when he or she meets the retirement requirements in terms of age and contribution period.

    Relevant Laws. Article 14 of the Labor Contract Law refers to an indefinite term 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;

    2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

    3) Where two fixed-term labor contracts have been concluded consecutively, and the employee has not renewed the labor contract without the circumstances provided for in paragraphs 1 and 2 of Article 39 and Article 40 of this Law.

    If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

    Article 15 A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain work is the term of the contract.

    The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.

    The Labor Contract Law does not stipulate that an enterprise may limit the working years of an employee, however, the labor law stipulates that an employee shall retire when he or she meets the retirement requirements in terms of age and contribution period.

    The purpose of the legislation is very clear, to protect the rights and interests of workers.

    The Labor Law and the Labor Contract Law are the relationship between the former law and the later law, the old law and the new law, and in accordance with the principle of "the new law is superior to the old law" in the Legislation Law, the Labor Contract Law shall prevail if there is any inconsistency between the Labor Law and the Labor Contract Law.

    If there are no provisions in the Labor Contract Law but there are provisions in the Labor Law, the relevant provisions of the Labor Law shall apply.

    The Labor Contract Law highlights the following contents: First, the legislative purpose is very clear, that is, to protect the legitimate rights and interests of employees, strengthen labor relations, and build and develop harmonious and stable labor relations.

    The second is to solve the current prominent problem of employers and workers not signing labor contracts; The third is to solve the problem of short-term contracts.

    The employer has autonomy, and the employee can make his or her own choice.

    The Labor Contract Law is a relatively complete law that protects the legitimate rights and interests of employees, and provides full protection in terms of the basic rights of both parties to the labor relationship, ensuring that both parties to the labor relationship have a basic right.

    Workers have the right to free movement and independent choice in employment, while employers have the right to employ workers, and no special restrictions on the movement of workers will be allowed in the future.

    The most basic principle for an employee to terminate an employment contract is to give advance notice.

  24. Anonymous users2024-01-20

    Hello, your question should be about the agreement on the length of the labor contract, according to the provisions of the labor contract law, the enterprise can negotiate with the employee to determine the term of the labor contract.

  25. Anonymous users2024-01-19

    1. It is reasonable to demand the payment of liquidated damages, and the amount of 50,000 yuan is unreasonableArticle 22 of the Labor Contract Law If the employer provides special training expenses for the employee and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer.

    The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period. If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

  26. Anonymous users2024-01-18

    Refuse. Otherwise, fall into a trap.

  27. Anonymous users2024-01-17

    1. First of all, we must clarify the contract issue, there is a contract to go according to the contract, if you really lay off employees like this, there is nothing that cannot be said.

    Even if people lay off employees, there is nothing to say. But the procedure should be followed.

    Economic redundancy is in accordance with the law, but is subject to the payment of financial compensation.

    Objective Changes Economic Compensation] Article 46 (4) of the Labor Contract Law stipulates that if the labor contract cannot be performed due to a major change in the objective economic situation on the basis of which the labor contract is concluded (Article 41, Paragraph 1, Paragraph 4), the employer shall pay economic compensation to the employee.

    2. If the merger of the company results in a change in the subject of the labor contract, it is essentially a change in the major matters of the labor contract, and the consent of the employee is required, otherwise the employer can terminate the contract on the grounds of a major change in the objective situation and pay the employee severance in accordance with the statutory standard. In other words, the employee has the right to choose whether to stay with the new employer or take the money and leave, and the employer cannot force the employee to transfer in order to save compensation costs.

    3. If the company has not notified in advance and has not decided to lay off employees, if the negotiation fails, it shall be deemed that the company has laid off employees, and it is necessary to pay the compensation that is believed to be.

    You can file a complaint with the relevant labor inspection brigade or go to arbitration.

  28. Anonymous users2024-01-16

    What you are describing is the treatment of employees after the merger of two companies to create a new company. According to the Labor Contract Law, 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.

    At this time, your original company and another Shenzhen branch are actually the same company, and the change of work location, content, and salary can only be counted as a change in the position within the company.

    Since the employment contract between you and the original company is still valid, according to the original employment contract, whether there have been any agreed restrictions on the work location, content and salary. The company needs to negotiate with both parties to change the contract, and if the negotiation fails, the company shall perform its obligations in accordance with the labor contract. If the employer refuses to perform, you can terminate the contract and receive financial compensation.

    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. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.

    In addition, the employer may rely on Article 26, Paragraph 3 of the Labor Law and Contract Law"There is a significant change in the objective circumstances on which the labor contract was concluded, making it impossible to continue to perform the original labor contract"The provision that only one month's salary is paid as compensation is unreasonable, because the merger and division of the company does not belong to a major change in objective circumstances.

    In this case, it is recommended that you negotiate with the employer as much as possible, and the employer will not be too embarrassed to reply if you have a reasonable basis. If the negotiation fails, you can report to the labor and social security administrative department, apply for labor arbitration, and file a lawsuit with the court.

  29. Anonymous users2024-01-15

    1.First of all, if the company wants to send you to work in another company on the grounds of company merger, then the original employment contract will continue to be valid, and the employment contract will continue to be performed by the employer who inherits its rights and obligations. Then the new employer cannot change your job position and labor remuneration at will.

    2.If you change your job position and remuneration, it should be agreed upon by you, otherwise you have the right to terminate the employment contract and demand severance from the company.

    3.If the company insists on changing the job position and reducing the labor remuneration, and tries to force you to leave the job voluntarily in this way, then this situation is a situation of unilateral termination of the labor contract in disguise, and the company can be required to pay compensation.

    4.You can file a complaint with the labor inspection brigade and apply for labor arbitration, but you should pay attention to the collection and preservation of evidence.

    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.

    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.

    Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

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