The company wants to lay off employees but doesn t want to accompany the money, so it transfers peop

The company's termination of the employee's labor contract must be compensated, and the employee's consent is also required for job transfer.

The company wants to lay off employees, but does not want to compensate, so it wants to let the employee leave voluntarily through the transfer, which must be illegal, because the labor law clearly stipulates that the company must reach an agreement with the employee before the transfer, so the company's practice must be in violation of the relevant regulations, the employee can keep the relevant evidence, and then go directly to the labor department for arbitration, so as to strive for the greatest interests for themselves, when the company chooses to transfer you, it means that both parties have torn their faces, so there is no need to choose to continue to forbear.

In fact, there are a lot of declining performance in the company to choose such a routine, when the economy is sluggish, many real estate companies decline in revenue, and enterprises will choose to start with the company's employees, such as the previous marketing position directly transferred to security, the purpose is to want employees to leave voluntarily, if the company layoffs, then it is necessary to compensate employees a lot of compensation, many companies feel that it is not worth it, so they choose to operate in this way.

Especially at present, many enterprises are not formal, and there are many companies that rely on this way to obtain benefits, reduce the wages of employees, so that the smile back to the enterprise to obtain greater benefits, but this is not humane, this is also a kind of squeezing and exploitation of employees, with the more and more perfect labor regulations, but also many enterprises have nothing to do, the most important thing for employees is to keep the relevant evidence, first negotiate with the relevant person in charge of the company to solve, if not, go directly to the legal procedures.

There are many companies even with employees can not work well, directly dismiss employees, as well as many companies to fine employees for being late, resulting in employees not only did not earn money for a month, but also owed the company money, compared with domestic enterprises, many foreign-funded enterprises are more formal, in the dismissal of employees will give corresponding compensation, and the amount is also very high, I think a good company will treat employees better, not just want to squeeze and exploit.

This is illegal, because China's labor law stipulates that the transfer of land sales needs to communicate with the employees, and the forced resignation through the transfer infringes on the legitimate rights and interests of the laborers, and the layoffs should be given to the employees to compensate them financially.

It is particularly illegal, and some labor rights and interests have been violated, so complaints and reports should be made to the relevant labor departments. You can also defend your own rights and interests in the banquet.

At this time, the employee should choose to leave voluntarily, and the employee should keep the company's evidence in the short supply, and then apply for labor arbitration.

Such a practice can be said to be very unreasonable, and it is particularly illegal, such a thing should be reported to the labor bureau of the Chamber of Commerce for relevant complaints and reports. Moreover, the other party has violated the rights and interests in the labor contract.

Legal Analysis: If the company transfers jobs and lays off employees in disguise, the employee can request the company to pay economic 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 the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year.

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

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law, (2) serious difficulties occur in production and operation, (3) the enterprise changes production, major technological innovation, or adjustment of business mode, and it is still necessary to lay off personnel after changing the labor contract, and (4) other major changes in the objective economic situation on which the labor contract is based make it impossible to perform the labor contract.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Those who have entered into a fixed-term labor contract with the unit for a longer period of time, (2) Those who have signed an indefinite-term labor contract with the unit (3) There are no other employed persons in the family, and there are elderly or minors who need to be supported by Qinglun.

Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

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

1) Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, (2) Where the employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and the employee agrees to terminate the labor contract through consultation, (3) Where the employer terminates the labor contract in accordance with Article 40 of this Law, (4) Where the employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law, (5) Except where the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract, (6) Termination of a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law, and (7) other circumstances provided for by laws and administrative regulations.

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. If the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

The two parties may negotiate and sign the relevant resignation certificate or termination agreement after consultation.

I think the best thing to do is to apply for labor arbitration, so that you can fight against unscrupulous companies.

First you have to collect evidence that the other party did this, and then submit the evidence to the labor bureau, and you don't have to worry about the rest.

The Employment Contract Law clearly stipulates layoffs, as can be seen in Article 41 thereof.

The company asks you to sign a voluntary resignation, obviously to avoid subsequent "problems". As an employee, if there is no violation of the provisions of Article 39, you should always keep a cool head, reject the unreasonable behavior of the enterprise, and at the same time, in order to protect your legitimate rights and interests, you should try to collect factual evidence to prepare for future rights protection.

According to the Labor Contract Law, the change of position must first depend on the provisions in the labor contract, whether there are specific rules for the change of position, if there is no major change in the objective situation, the change of the position of the unit is unreasonable.

At the same time, if the employer terminates the labor relationship without any reasonable reason, it is illegally terminated, and you can also apply for arbitration, and all the adjudication rights are in arbitration.

If there is no negotiation, you can apply for labor arbitration and demand payment of economic compensation.

Take the legal route and go to the labor bureau.

Go to the labor bureau to sue the company for labor arbitration.

Changing jobs is an important decision, and a company's human resources decisions are often based on a combination of factors. If you want your company to take the initiative to lay you off, here are some suggestions:

1.Actively apply for internal transfers: Know what other positions are open within the company so you can apply appropriately and express your interests and abilities. Through internal transfers, you have the opportunity to get a more suitable position and can also provide the company with a replacement candidate.

2.Communicate with your supervisors: Find the right time to communicate with your immediate supervisor to express your career aspirations and expectations for the company, and ask if there are any opportunities for development.

If you want to get a salary increase, you can show your work achievements and contributions, and negotiate with your supervisor about salary adjustments.

3.Take the initiative to drive work: increase the value of your work, take on more responsibility, and ask for some extra projects or tasks. This shows that you are self-motivated and self-motivated, and may also help you get better opportunities for development.

4.Continuous learning and development: Improving your skills and knowledge, attending training courses or obtaining certifications is not only good for your professional development, but also demonstrates your commitment and commitment to personal growth.

5.Look for other opportunities: If you've tried the above and still haven't gotten the results you want, you can start proactively looking for other job opportunities. Find new career opportunities through online recruitment platforms, connections or headhunting.

Whichever of the above methods you decide to take, remember to maintain a positive attitude and maintain good communication with the company. If the company really does not have a layoff plan, you can consider whether to stay with the original company or look for other career opportunities that are more suitable according to your needs and the company's situation.

Build a good relationship with human resources. Let him take the initiative to lay you off.