Legal Appeal: The company wanted to force me to resign without compensation

If you don't get the contract, you still haven't signed the contract, if you don't sign it, congratulations, you've earned it.

Article 14 Where an employer does not conclude a written labor contract with a worker within one year from the date of employment, it shall be deemed that the employer and the worker have concluded an indefinite labor contract.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If you sign it, you will see the following rules.

Article 17 The labor contract shall have the following clauses:

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.

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.

Explanation: Since your job is set, it must be implemented according to the agreement, if you want to transfer your position, it is equivalent to changing the labor contract (Article 17 stipulates the necessary terms of the contract, since it is a necessary clause, it shows its importance and rigidity), and the change of the labor contract is to reach a consensus.

Countermeasure: You can refuse to transfer, if you don't want to do it, you can't do it every day. If the company forcibly transfers you, you can go directly to labor arbitration to sue them for violating the labor contract law. The same is compensated.

Article 26 of the Labor Contract Law is invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

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;

In short, after the introduction of the new law, enterprises are very passive in everything they do, you don't have to be afraid!

In fact, they can also have corresponding means to transfer your position, but look at your writing, you know that they can't use it stupidly, and it's really difficult to operate).

If the employer breaches the contract, you can also ask for compensation if you resign, but if the negotiation fails, you can apply for labor arbitration or complain to the labor inspection team.

Legal analysis: Whether the company can claim compensation if it requests to leave the company needs to judge whether it needs to be compensated according to the actual situation. If the employee resigns on his own initiative, the employer is not required to compensate him/herself.

If an employee is dismissed under one of the circumstances provided for in Article 47 of the Labor Contract Law, the employer may terminate the employment contract only after giving 30 days' written notice to the employee or paying the employee an additional month's salary. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, it shall pay compensation to the employee in accordance with the two times of the economic compensation standard stipulated in Article 47 of the Labor Contract Law.

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

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or paying the worker an additional month's salary:

(1) The worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired, (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment, (3) The objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have negotiated and failed to reach an agreement on changing the content of the labor contract.

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.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau Wanchun) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing);

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then the first hearing, after which the two parties will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the ruling, he or she can sue the court.

1. What can I do if the person is in arrears of wages?

After resignation, the factory can generally take the following measures to deal with the arrears of wages:

1. The parties concerned can file a complaint with the labor inspection of the local labor bureau;

2. The parties can apply for arbitration at the local labor bureau and demand payment of wages;

3. Apply to the court for a payment order or go directly to the court to file a labor lawsuit to recover your wages.

The wage arrears arbitration process is as follows:

1. Go to the labor dispute arbitration committee in the local human resources and social security bureau to apply for labor arbitration. Materials to be submitted: 2 copies of the application for arbitration, 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide the business registration information of the employer;

2. After submitting the materials, the arbitration commission will file the case within 5 working days. The Labor Arbitration Commission does not charge a fee. The parties are then given a period to present evidence; After the trial, and the mediation between the two of you, the mediation fails, and the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days;

2. How to claim the one-time disability employment subsidy.

In the work-related injury compensation standard, the one-time medical subsidy for work-related injuries and the employment subsidy for disability are the one-time payments made by the employer to the employees with grade 5 to 10 work-related injuries who terminate the labor relationship with them. If the employer refuses to pay, the employee may apply for labor arbitration and request the employer to pay, and the specific steps are as follows:

1. Apply for labor arbitration at the labor dispute arbitration commission in the local human resources and social security bureau. The materials to be submitted include 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide information on the employer's business registration;

2. After submitting the materials, the arbitration commission will file the case within 5 working days and determine the period for presenting evidence; After the trial, and the two parties were mediated, and the mediation failed to reach the award issued by the arbitration committee; Labor arbitration shall be concluded within 60 days; Those who are not satisfied with the ruling after receiving it may file a lawsuit with the court within 15 days.

Legal Analysis: If an employee voluntarily resigns, the employer is not required to pay any economic compensation or compensation.

Legal basis: Labor Contract Law of the People's Republic of China Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to the employee to terminate the labor contract 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 raises the agreed conditions of the labor contract and the employee does not agree to renew the contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

1. If the employee voluntarily resigns due to the fault of the employer, the employer shall pay severance according to the employee's working years.

2. If the company does not pay compensation, the worker can go to the labor administrative department to complain, or to the labor arbitration commission to apply for arbitration, and if he is not satisfied with the award, he can go to the people's court to file a civil lawsuit, and the people's court will make a judgment.

3. Labor Contract Law of the People's Republic of China

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the 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 specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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 where the employer maintains or Kaiyanju raises the agreed conditions of the labor contract to renew 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;

(6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

(7) Other circumstances provided for by laws and administrative regulations.

Article 47.

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. 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.

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 shall be paid to him according to the amount of the average monthly salary of the employee, and the maximum period of time 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.

If the employer does not pay the severance compensation in accordance with the law, the employee may negotiate with the employer and request the employee to pay it in a timely manner; or you can also go to the labor and social security administrative department to file a lawsuit against filial piety; You can also apply for labor arbitration and labor mediation.

Article 5 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law. Article 9 If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall deal with the problem in accordance with the law.