Was demoted during the epidemic, do you want to stay in the company?

As soon as I returned to work this year, my department made a large-scale internal post adjustment.

"He (the leader) doesn't ask what you think at all, just informs you directly."

"He told me beforehand, but it's no use asking. The result is completely different. "

Some companies will talk to employees about job transfer in advance, while most companies will directly let employees move things and change places. If they agree, they will move. If they don't agree, they will have to move out! In this case, most people will be unhappy, and what's more, like the subject, they will be demoted, underpaid and even forced to leave their jobs automatically!

As a "notified party", how to deal with it? Can I only make a fish for a knife?

Below I use two cases to tell you in detail how to protect yourself with legal weapons.

At first glance, these two things are employees who refused to transfer jobs and were fired. However, it has the same beginning and a completely different ending.

From the manager of the head office to the director of the subsidiary, they were dismissed if they refused to accept it. The court ruled that the company compensated 448,000 yuan.

Ms. Zhou worked in a property management company in Beijing 14 years. Suddenly one day, she was told to adjust from the position of head office manager to the department director of the subordinate company. The company's explanation is: business needs, and the new department needs experienced old comrades like Ms. Zhou.

However, it is obvious that the company is demoting her.

Even though the company published her list of disciplinary faults three times in a row, Ms. Zhou still refused to report to the new post. At the same time, Ms. Zhou submitted an arbitration application to the Labor and Personnel Dispute Arbitration Committee of Dongcheng District, Beijing. The Arbitration Commission ruled that the company paid Ms. Zhou about 450,000 yuan in compensation for the illegal termination of the labor contract.

The company refused to accept it and took Ms. Zhou to court, saying that the company should not compensate.

The court held that the reason why the plaintiff company advocated the post transfer was the change of the company's business operation, not an objective reason. Although the company has operational autonomy, when adjusting workers' posts, it should ensure that the post level and original wages and benefits remain unchanged. The position that the defendant Ms. Zhou was adjusted was obviously demoted. In addition, the plaintiff could not prove that the defendant was incompetent for the original post, and there was no clear agreement on the adjusted salary. Therefore, the plaintiff's behavior is unreasonable.

Under the premise that both parties fail to reach an agreement on post adjustment, the company's termination of the contract is illegal due to lack of factual basis. Therefore, the court ruled that the company paid Ms. Zhou 448,282 yuan in compensation for the illegal termination of the labor contract.

After the workshop was adjusted, the salary was reduced and the absenteeism was dismissed for three days. The court ruled that the dismissal was legal.

Xiaoquan has worked in the foundry for five years, and his salary has always been a piece-by-piece assessment, with an average of 2000 ~ 3000 yuan per month. Later, because the foundry workshop stopped production, the company transferred Xiaoquan to the connecting rod finishing workshop. Not only should we learn new process operations from scratch, but the key point is that during the training period, Xiaoquan can only get the student salary of 1500 yuan every month.

Although he got a new post access card, Xiaoquan did not re-sign the post contract with the company. He believes that it is unreasonable for the company to unilaterally adjust its position and lead to its own salary reduction. So Xiaoquan didn't go to work for three consecutive days.

On the fourth day, the company handled: Xiaoquan was absent from work for three days, fined 600 yuan and transferred from the company. Xiaoquan applied to Dayi County Labor and Personnel Dispute Arbitration Committee for arbitration, and the Arbitration Committee awarded the company compensation of more than 40,000 yuan. The company refused to accept it and filed a lawsuit with the court.

The court held that the company's original production line has been closed, and the adjustment of posts is an objective need for normal production.

If the two parties fail to reach an agreement, the defendant may complain to the relevant competent authorities or apply for labor arbitration to protect his rights. However, Xiaoquan's practice of absenteeism for three consecutive days not only violates the agreed obligations in the labor contract and post contract, but also violates the labor discipline and rules and regulations stipulated in the Staff Code.

Therefore, the court held that the plaintiff dismissed the defendant accordingly, which was in line with the law. After the plaintiff and the defendant terminate the labor relationship, they shall not pay compensation to the defendant according to law.

General labor contracts or company rules and regulations will have similar provisions:

The company took the initiative to terminate the contract with the employee, which happened when the employee was not competent for the current job. If the employee is really incompetent for the existing post due to the ability problem, the company can transfer the post and train the employee.

If you are not competent afterwards, the company can give a notice 30 days in advance or pay one month's salary and pay economic compensation.

Therefore, if you are not satisfied with the company's decision, you can first see if the transfer is reasonable. If it is unreasonable, you can appeal to the company's trade union and apply for labor arbitration and other institutions to protect rights, instead of passively resisting by absenteeism.

Have you learned?