In 14, the old employee refused to be transferred to the post and was sentenced to pay nearly 450 thousand yuan.

category:Global
 In 14, the old employee refused to be transferred to the post and was sentenced to pay nearly 450 thousand yuan.


Recently, there are two such cases, which are the cases of employees refusal to post compensation after being dismissed. It seems that the process is similar, but the ending is quite different. Case 1 She was transferred to the director of the subsidiary, and she was dissatisfied with being dismissed. The court sentenced the company to pay 448 thousand In the year when he was dismissed, Mrs ZHOU had worked for 14 years in the property company in Beijing. She did not expect that such an old employee would be adjusted from the headquarters managers position to the Department Director of the subordinate company. The company said she was adjusting her position because of the business needs, the company set up a new Department, and Ms. Zhou needed a new job, but Ms. Zhou thought it was the companys demotion. In March 2017, the company made three cases of Miss Zhous violation of discipline, and asked Ms. Zhou to report to the new post, but she did not listen to it. During this period, she submitted an arbitration application to the Dongcheng District labor and personnel dispute arbitration commission, Beijing. The Arbitration Commission ruled that the company paid 450 thousand yuan for illegal payment of labor contracts. The company refused to accept the case, and sent Ms. Zhou to the court, requesting the judgment company not to pay the compensation. The court holds that the reason for the plaintiffs claim to adjust the post is the change in the business operation of the company, not the objective reason. Although the company has the management autonomy, the job level and the original salary should be kept constant in the adjustment of the post of the worker. The adjusted post of defendant Zhou is obviously a demotion. In addition, the plaintiff can not prove that the defendant is not qualified for the original job, nor does he have a clear agreement on the adjusted salary. Therefore, the action of the plaintiff is not reasonable. There is no agreement between the two parties on the adjustment of the post, and in the process of the defendant has already applied for arbitration, the plaintiff has made a single transfer to the defendant, and the defendant did not see his post as disobedience to the companys management. It is violating the discipline, and the contract is terminated. Therefore, the court decided that the company paid Ms. Zhou illegal payment of the labor contract compensation 448282 yuan. After the workshop was adjusted to reduce his salary, his absenteeism was expelled for three days The court sentenced the company to resign Since he went to work in Chengdu, a power component company in 2011, he had been working in the foundry and calculated the wages by the way of valuation. It was calculated on an average of two thousand or three thousand yuan per month. In November 2016, due to the shutdown of the foundry workshop and the gradual closure of the section, the company adjusted the small full position and transferred him to the workshops of the connecting rod, but it was necessary to restudy the new post, and only about 1500 yuan per month during the training period. In November 19, 2016, on the day of the adjusted position, Xiao Quan got a new post access card, but did not sign the contract with the company again. Xiao Quan thinks that it is unreasonable for the company to adjust its position privately and cause him to reduce his salary. Thus, from November 20th to November 23rd, Xiao Quan did not go to work for three consecutive days. In November 24th, the company made a decision to make a decision. Three days in a small day, a fine of 600 yuan is fined and removed. The company believed that Xiao Quan had absenteeism for more than three days without any reason, which seriously violated the companys system and the code of employees. After that, he applied for arbitration to the Dayi labor dispute arbitration commission. The Arbitration Commission ruled that the company had a compensation of over 4 yuan. The company is not convinced to bring a lawsuit to the court. The court holds that the plaintiff can unilaterally terminate the contract when the plaintiff has the right to adjust the defendants post and the defendant has a serious violation of the labor discipline in the original and defendants contract. As the original production workshop of the company has been closed down gradually, the adjustment of workers posts has become an objective need. In the absence of agreement between the two parties, the company adjusts the defendants position unilaterally and reduces the salary. In the meantime, the defendant may complain to the competent authorities or apply for labor arbitration in the meantime, but he has been absenteeism for three days. This not only violates the contractual obligations of labor contracts and post contracts, but also violates the labor discipline and rules and regulations stipulated in the code of employees. Therefore, the court of first instance held that the plaintiff dismissed the defendant accordingly, which was in accordance with the law, and the plaintiff did not pay the defendants compensation in accordance with the law after he relieved the labor relationship with the defendant. Xiao Quan disagrees with the first instance and appeals to the Chengdu intermediate peoples court. After hearing the case, the Chengdu intermediate peoples court dismissed the appeal and upheld the original judgment. Interpretation: After the rejection of the new post was expelled? What is the reason for the company and the employees? The company voluntarily terminates the contract with the employee, usually when the employee is not competent for the current job. If the employee is not competent for the current position due to his ability problems, the company can adjust the position and train the staff. If that is not enough, the company can pay 30 days notice in advance or pay a months wages, and pay an economic compensation. The above contents are usually specified in the labor contract and company rules and regulations. Guo Gang, a lawyer in Sichuans Fang CE law firm, said. In addition, Guo Gang believes that the adjustment of posts is a matter of vital interest to the employees. The behavior of the company should be reasonable and the employees are adjusted to the completely unsuitable positions, and the behavior of the company is unreasonable. If the employees do not accept the post adjustment, they can find the companys labor union, labor security supervision team, and so on, instead of using absenteeism to violence against violence. Unless the employee can prove that his absenteeism is caused by the companys post adjustment, it will prove that his absenteeism is reasonable. The thirty-ninth clause of the contract law takes the employees seriously violating the rules and regulations of the employing units as one of the statutory cases where the employer can terminate the labor contract. But the act of employing units unilaterally relieves the labor contract because it concerns the labor rights of the laborers. Therefore, there are provisions in the provisions of the Supreme Peoples Court on the evidence of civil litigation, for the use of the employers to expel, remove, dismiss, dissolve labor contracts, reduce labor remuneration, and calculate the working life of workers. If a labor dispute is determined, the employer shall bear the burden of proof. In accordance with the contract law, the employer must follow the legal procedures and inform the laborers when formulating rules and regulations directly related to the vital interests of laborers. In the manner of absenteeism, workers refuse to transfer reasonable posts in units, and the units have the right to rescind labor contracts according to statutory procedures according to the stipulations of labor contracts and internal rules and regulations, without paying economic compensation. Xia Xudong, a judge in Chengdus Central Academy, said. Source: Chengdu business daily editor: Ji Xue Ying _NN6784 The thirty-ninth clause of the contract law takes the employees seriously violating the rules and regulations of the employing units as one of the statutory cases where the employer can terminate the labor contract. But the act of employing units unilaterally relieves the labor contract because it concerns the labor rights of the laborers. Therefore, there are provisions in the provisions of the Supreme Peoples Court on the evidence of civil litigation, for the use of the employers to expel, remove, dismiss, dissolve labor contracts, reduce labor remuneration, and calculate the working life of workers. If a labor dispute is determined, the employer shall bear the burden of proof. In accordance with the contract law, the employer must follow the legal procedures and inform the laborers when formulating rules and regulations directly related to the vital interests of laborers. In the manner of absenteeism, workers refuse to transfer reasonable posts in units, and the units have the right to rescind labor contracts according to statutory procedures according to the stipulations of labor contracts and internal rules and regulations, without paying economic compensation. Xia Xudong, a judge in Chengdus Central Academy, said.