I am a driver, is it legal for the company to be transferred to a car attendant due to the company s

Thanks for the invitation, Liu Jia answered questions: If there is a formal labor contract, and it can be proved that you joined company A instead of company B, then you can protect your rights, but if there is no labor contract, the situation is different. When an employee joins the company, the normal process is that they will sign an employment contract after joining the company, and when they sign the employment contract, it will be clear which company you have an employment relationship with.

In other words, if you signed a contract with Company A at that time, it means that your employment and ownership relationship is with Company A and not any other company. Here's one more reminder that I have to tell you. That is, many companies now like to use the so-called transfer to make employees leave automatically.

In this way, the dismissed employee does not need any compensation, because the employee himself cannot accept the resignation. There are two situations that need to be explained about the problem that the landlord is now mentioning. First, if you have a formal employment contract, you can make a judgment based on your actual situation (work ability, competency, etc.), and whether you are willing or acceptable depends mainly on the employee's personal choice.

If the employee is unwilling to go, the company cannot force it. Besides, it is not a transfer within the same company, but a transfer from company A to company B, which is not the same nature. Because the employment relationship in your contract is with Company A, not Company B, the employee has the right to refuse.

In this case, you can confidently defend your rights and interests. Second, if you don't have a formal employment contract. This situation is more passive.

However, there is also one thing that must be known here, that is, the company did not sign a labor contract with you, which is not right in itself, and it is illegal to say that it is big. This is a community of pros and cons. There is no contract, and although the company is at fault, it also makes you insecure.

Under such a premise, you can be held accountable for not signing a contract (of course, I don't know why you didn't sign a labor contract, and I think it's incredible). However, if there is no contract, the rights and interests of the employees themselves are not guaranteed. Therefore, if the company wants to terminate the employment relationship, there is no problem, because you do not have a legal employment relationship.

Even though your de facto employment relationship has been reached, if you have to resort to law, then you will still suffer a loss. If possible, find a lawyer to consult. Good luck, I'm Liu Jia (remember to subscribe first).

If you have questions about recruitment, job search (resume diagnosis), job hopping (interview coaching, salary negotiation guidance), career planning, and flirting**. If you have time, please read my books "You Must Have: Three Minutes to Create Effective Workplace Communication", "Hunting" and "Headhunting Notes".

Hello, this kind of behavior is also a legal behavior, subject to the company's arrangement.

Because you are a company employee, although you started fighting as a driver. Because the company needs to adjust you to a car attendant, it is also legal.

As a staff member of a company, the first thing is to obey the company's arrangement, and now the company is not for no reason, or your work is indeed because the number has decreased, there is no need for so many crashes, if you don't want to accept this work arrangement, you can apply for resignation.

It may be helpless for the company to arrange for you to be transferred, and if you still want to do it in the company, you can only obey the arrangement.

This is not illegal, you are a driver, because the company reduced the number of vehicles and was transferred by the company to be a follower, which is also very reasonable.

This is sure that the company is operating in accordance with the company's rules and regulations, because you have violated the company's rules, so the company has the right to transfer your job, which is completely legal.

The company has the right to transfer employees according to their development needs.

It is legal for the company to do so, you have violated the company's rules and regulations, and the company has the right to transfer you from your position.

Whether it is legal to carry out the job transfer must depend on whether there is an agreement between the two parties and whether the agreement is specific. If there is an agreement between the two parties, for example, it is only necessary to weigh the nature of the post before and after the transfer, and the salary changes before and after the transfer can be determined whether the transfer is legal.

Judging from your introduction, you were transferred from the financial position to the receiver position, from my personal opinion, the nature of the work of the two positions before and after is completely different, regardless of whether the salary is reduced, your company's transfer behavior is not legal, and it can cause forced termination of labor relations to the employee. If the employee is forced to terminate the employment relationship, the employee may claim severance from the employer.

Overtime compensatory time off, if not a statutory holiday, is legal.

For those who do not pay social security premiums in full, this depends on the local policy, and some places have uniformly delineated the payment standard, and the employer cannot pay according to the actual salary.

For the housing provident fund, there is no legal obligation for employers to pay it.

I'm a driver, and now I'm going to help in the workshop.

Answer: Article 143 of the Civil Code stipulates that a civil juristic act is valid if the following conditions are met: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

According to the provisions of the Labor Contract Law of the People's Republic of China, if the two parties cannot reach an agreement through negotiation, they may pay another month's salary as economic compensation, and require them to resign after giving 30 days' notice.

You must defend your rights, dear, you look at the above method, and ask me if you don't understand!

Forced transfer is illegal, dear. is in breach of contract.

If there is a labor dispute, the special number for the national unified consulting service of the human resources and social security system is 12333, and 12333 is mainly used for human resources and social security policy business consultation, government affairs openness, complaints and reports, social security account inquiries and other services. At present, most cities in the country have opened 12333 service numbers, and more than 80% of them have set up consulting service agencies.

Promote social justice, highlight legal values, maintain personal dignity, I am very happy to serve you, if you have any questions, come to the platform for consultation I wish you all the best! Have fun!

1. The unit has the right to require you to obey the arrangement and take up a position that requires you.

2. You have the right to ask the unit to calculate the five insurances and one housing fund according to the actual amount of wages paid, and if you do not get a satisfactory answer, you can complain to the labor inspection department, apply for labor arbitration, and file a civil lawsuit.

3. The unit can take weekends off, as long as it does not move the statutory holidays, and if it is required to go to work on statutory holidays, it can require overtime wages to be paid in accordance with the provisions of the labor law.

In principle, there is no right to refuse. Then you are the backbone of the post, but it doesn't matter, you can refuse anything. If you have a relationship or don't have the ability, why should I go? If the salary of other positions is similar to the position, there is nothing to say.

If you are transferred from your original position, you need to negotiate with the employee and give written notice. If the salary and position are reduced, you can apply for labor arbitration.

Although there are laws and regulations that both parties have obligations to perform during the establishment of an employment relationship, in practice, the employer may terminate the employment relationship if the employment contract cannot be performed due to objective reasons.

The employer finds you to negotiate, and if you agree, you will obey the arrangement, and if you do not agree, the labor relationship will be terminated. No, the third way can be taken.

In addition, I will give you a suggestion on which position in the company you want to go to.

Legally, the transfer does not require the consent of the employee. The company and the management have the right to make personnel adjustments and make some new layouts in accordance with the regulations and the current situation. Employees can choose to accept and not accept, accept the cake with acceptance, and do not accept with the corresponding treatment plan, depending on how you consider it comprehensively.

You can also check your employment contract or consult the labor bureau. Our company has the right to transfer jobs.

It is not allowed to be transferred at will.

The transfer also requires agreement with the employee, in short, the employee's consent, because this involves changing the original employment contract.

A group of ...... who said that enterprises can be transferred at will

Employees must follow the company's arrangement, and it is legal for the company to decide on the transfer.

It is not legal to change the position or reduce the salary without the consent of the worker.

The reason is that the employment relationship is a contractual relationship, and the job position and salary are important terms in the labor contract, which cannot be unilaterally changed without the consent of both parties.

The so-called "post adjustment" refers to the adjustment of the enterprise to the appropriate position within a reasonable range, which needs to take into account the professional nature of the worker, the work competency, the acceptance of the worker and other factors, and cannot be arbitrarily adjusted; On the other hand, it is also necessary to take into account the reasonableness of the wages and benefits after the adjustment of the post, that is, the wages and benefits should be adjusted to the same position, so that the income of the workers should not be significantly reduced, or even affect the normal life of the workers.

If an employee raises an objection to the adjustment of the post or the reduction of wages by the enterprise, and believes that the adjustment of the position or the reduction of wages by the enterprise is unreasonable, the enterprise shall prove that it is fully reasonable. Otherwise, job adjustments or lowering wages should not be supported.

If the adjustment of positions or the reduction of wages and benefits are within a reasonable range, it should be supported. This not only ensures the autonomy of the enterprise, but also protects the legitimate rights of the workers. The reasonableness of the arbitrator or judge shall be determined at the discretion of the arbitrator or judge according to the cognitive standards of ordinary people and their own values, so as to achieve the purpose of balancing the interests of both labor and management and alleviating the conflict.

If the company directly transfers and reduces wages without going through the employees, the workers may wish to take up the law to defend their rights.

1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle;

2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment nature, the salary is not reduced, and there is a correlation between the position agreed in the labor contract, the transfer is valid; You as a laborer should abide by it. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. You can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of work, that is, 2N;

3. If the employee is not competent for the job, the employer also has the right to adjust the position. Of course, the employer also needs to provide evidence if it claims that the employee is incompetent for the job. If the employee refuses to adjust the position, the employer terminates the labor contract on this basis, which is a legal termination, but the employer should also pay economic compensation, i.e., n.

1. To be transferred to the position, it is necessary to negotiate with the labor source, and no unilateral BAI transfer is allowed;

2. You belong.

DU violated the company's rules and regulations;

3-5 In the case of DAO, it is recommended that you negotiate amicably with the company;

6. Your contract is clearly written in your job title, if not, you terminate the labor contract by yourself without compensation, if it is unilaterally terminated by the unit, you can ask for compensation;

7. On the whole, there is no right and wrong on both sides, you need to negotiate between the two sides, it is recommended that you negotiate well, don't worry too much about those details.

If an employee is dismissed for disobedience to the company's internal transfer, the employer may request the employer to pay compensation as long as the employee does not have any of the circumstances stipulated in Article 39 of the Labor Contract Law.

Severance shall be paid to the employee 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. Financial compensation is twice the amount of compensation.

Labor Contract Law

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 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) Those who have been pursued for criminal responsibility in accordance with 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.

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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

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.

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.