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The reason was that the employee refused to be transferred to the company for him, and the two parties failed to reach a settlement, and finally went to court.
An employee of New Oriental Xuncheng Company is named Ge, and after the two parties signed a good labor contract, the contract did not clearly indicate the working period. At the same time, he works as a senior development engineer with a salary of more than 24,000 per month. However, New Oriental Xuncheng Company transferred the employee, and Ge failed to report to the new position and was finally fired.
The court pronounced a judgment based on the evidence submitted by both parties, and finally determined that the compensation amount was 10,000 yuan. However, employees have the right to refuse to be transferred, and companies should respect their personal choices.
On the other hand, some companies provide employees with transfer opportunities, which can indeed provide employees with better independent choices. However, a small number of companies have gone the other way, and instead of explaining the situation to their employees, they have resorted to forced job transfers.
As more and more fresh graduates enter the job market, this is clearly being offered talent by more companies. However, the company's positions are limited and the number of applicants is large, so it is inevitable that there will be involution. The company also needs to adjust the direction of development in a timely manner, which may be accompanied by the transfer of employees.
At the same time, some employees do not want to be transferred out of their original jobs. On the one hand, because changing positions means that the salary package changes, and there may be unequal pay for equal work. On the other hand, because there are indicators for all kinds of work, employees are worried about being fired after being transferred.
After the first-instance judgment of the case, New Oriental Xuncheng Company filed an application, and the final result was to uphold the original judgment.
To sum up, major companies should respect the personal ideas of employees when making reasonable job transfers, rather than making their own choices. China's law clearly points out the information of employee transfer, mainly to avoid the company from dismissing employees under the pretext of job transfer. Employees and the company should establish a good relationship and trust each other in order to create brilliance.
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Under the influence of the epidemic, people's employment pressure and employment situation have become more and more severe, and many on-the-job personnel have been forced to dismiss. New Oriental was sentenced to pay more than 380,000 yuan, what is the reason behind this?
With the development of the times and the impact of the epidemic, the employment pressure has become more and more intense, and many companies have also adjusted the work and rest of their employees, and made certain transfers to some employees. On March 16, 2021, a staff member of New Oriental, Ge, disobeyed the company's post adjustment arrangement and did not report to the new position. The company terminated the employment relationship between the two on this ground, which made the employees dissatisfied and believed that the transfer was not reasonable, so they filed a complaint with the court and demanded that the company pay double pay at the end of the year and related termination compensation.
This employee joined a company in New Oriental in November 2013, and he is still an old employee. In November 2020, the company signed an indefinite labor contract with Ge, and had an agreed position, with a monthly salary of more than 20,000 yuan. In March 2021, due to the needs of business production, the company adjusted the employee to a certain position, which had a certain impact on the employee's career development and future planning.
Employees have the right to refuse the company's adjustment of their positions, and later fail to report the adjustment of their positions, and are fired by the company, which is really huge and unreasonable。The employee correctly defended his own interests and the legitimate rights and interests he should have, and sued the company to court. The court made a fair and just judgment and ordered New Oriental to pay Ge 10,000 yuan in compensation for breach of contract and termination of the labor contract.
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The reason behind this is that after the transformation of New Oriental, many employees are dissatisfied with the adjustment and adjustment of many positions, so there is a problem of compensation.
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New Oriental Xuncheng Company terminated the labor contract on the grounds that Ge did not obey the company's post adjustment arrangements due to production and operation needs and did not report to the new post, and Ge believed that the position was not reasonable.
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