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Considered a violation of labor laws. The job position is a mandatory clause of the employment contract. After the two parties reach an agreement through negotiation and sign the labor contract, the employee's job position has been determined, and the employer has no right to unilaterally change the employee's job position.
If the employer really needs to change the position of the employee, it shall reach an agreement with the employee and change the employment contract.
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Hello, the contract is proof of the agreement, if the behavior does not conform to the contract is a breach of contract, you can file a lawsuit.
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It is uncertain whether it is illegal to violate the contract.
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You can negotiate with the unit, sign a supplementary agreement, etc., and change positions, or apply for labor arbitration!
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The company is suspected of violating the Labor Contract Law.
According to the Labor Contract Law of the People's Republic of China (2012 Amendment):
Article 17 The content of the labor contract.
The labor contract shall contain the following clauses: (1) the name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
You can apply for labor arbitration.
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Legal division is not analyzed: It is illegal to take a penalty, and under normal circumstances, the company cannot sign two contracts.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6. Silver Judgment) is investigated for criminal responsibility in accordance with law.
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It is illegal for a company to sign a contract with someone in the name of another company.
First of all, it is disrespectful to people and contains elements of deception.
Secondly, it is a commercial fraud, and a certain amount of compensation can be claimed.
Therefore, for the sake of our own rights and interests, we need to keep our eyes open and draw a clear line with such companies.
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Legal basis: Article 1177 of the Civil Code of the People's Republic of China provides that where the lawful rights and interests are infringed, the situation is urgent and the protection of the state organs cannot be obtained in a timely manner, and the lawful rights and interests of the victim will be irreparably harmed if no immediate measures are taken, the victim may take reasonable measures such as seizing the infringer's property to the extent necessary to protect his lawful rights and interests; However, it is necessary to immediately request the relevant countries to deal with the attacks of the rebels. Where the measures taken by the victim improperly cause harm to others, they shall bear tort liability.
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Legal analysis: It is illegal for a company to not give it to an individual after signing a contract.
Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.
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Legal analysis: Before going to work, you must sign a labor contract with the company, because this is a protection for your own personal interests. After the labor contract is signed, you must keep a copy for yourself.
Legal basis: Article 502 of the Civil Code of the People's Republic of China Article 502 A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, the provisions shall be followed. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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Lawyer's analysis: Illegal, under normal circumstances, the company cannot sign two contracts.
Legal basis]:
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes a labor relationship with his or her employer at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to change the file after being proposed by the employer;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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