Can The Unit Adjust The Positions Of Employees At Will?

To a certain company in 2009 10 months.

When the company recruits, it is the "head of the Department of administration" when it is engaged with an oral contract, but when signing a labor contract, the column in the contract text is marked as "the head of the administrative department and other management posts".

Later, a contradiction arises between a job manager and a manager. Under the operation of the manager, the company will pfer the post to the head of the logistics department.

To a certain dissatisfied, but the company thought that the post adjustment did not violate the stipulation of the labor contract.

Seek legal help from a federation of trade unions in Guangzhou.

Guangzhou general

The Ministry answered.

The sixteenth article stipulates that the labor contract is agreed by the employer and the labourer, and the employer and the laborer will sign the labor contract or take effect.

In this case, a mistake was not carefully reviewed when signing a written labor contract.

It ignores the ambiguity.

When a company unilaterally uses the terms of the contract, it traps a company falling into the company.

Under such circumstances, the resistance to certain rights is very large.

There are two ways to deal with this case: if we can accept the position and salary standard of the logistics department, we can agree to the adjustment of the company's position; if it can not accept it, we can propose the rescission of the labor contract, and if we can get the economic compensation, we will finally depend on the award of the labor dispute arbitration institution.

When signing a labor contract, laborers must see clearly the key issues such as jobs and so on. The problems that are too broad for the post rules can be submitted to the employer in time, and after consultation and revision, the labor contract will be signed after reaching a consensus, so as to avoid the damage of future rights and interests and the restriction of rights protection due to the lack of strict labor contracts.

In regard to the problem of job mobility, if the work is signed at a hierarchical level, that is, the unit is divided into senior management, middle level and ordinary management posts, the workers can be divided into technical, first-line, logistic post, and the positions can be changed at the same level. The changing posts at different levels should be resolved through consultation between the two sides.

If the two sides fail to negotiate and terminate the labor contract, the employer should pay the laborers economic compensation.

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Can the unit refuse to pay the funeral allowance and relief fee if the worker dies due to a traffic accident and the related party pays the related treatment?

Zhao's father was a worker of a property company in Ji'nan, and the property company did not pay social insurance premiums for them.

In September 7, 2013, Zhao died of traffic accident.

In November 29th, Zhao and the accident Fang Dacheng mediation agreement, the accident party compensation for Zhao's death compensation, funeral expenses, mental solatium, medical expenses and other 400 thousand yuan.

In January 13, 2014, Zhao complained to the labor dispute arbitration committee of Ji'nan City Central District, requesting the property company to pay funeral expenses and one-time relief fees.

After the Arbitration Commission decided, the property company refused to accept the case and referred to the central district court.

According to the property company's complaint, according to the reply of the Shandong Provincial Department of labor and social security on the payment of the enterprise's pension after the death of the traffic accident, the compensation for the traffic accident has already paid the relevant treatment, and the enterprise no longer pays the corresponding treatment. [1999]43

The accident party has already compensated Zhao, so the unit should not pay any more subsidy.

The court found that in 2012, the average wage of the employed workers in Ji'nan was 40179 yuan.

The court held that according to the provisions of the labor law, workers enjoy the right to enjoy social insurance and welfare.

The notice on adjusting the funeral allowance for employees of enterprises ([2003]53) stipulates that the standard of funeral allowance will be adjusted to 1000 yuan per person after the death of employees.

The notice on adjusting the subsidy standard for the living difficulties of the employees after death due to illness or non work related death, stipulates that if a worker has immediate family members after death due to illness or non work, he shall issue 10 months' monthly average wage relief for the whole province.

Because the property company did not pay social insurance premiums for Zhao Fu, the social insurance and welfare that Zhao should enjoy should be paid by the property company.

In addition, Zhao's request for funeral allowance and one-time relief is the social insurance and welfare that he should enjoy in accordance with the law. It does not belong to the relevant treatment paid by the traffic accident compensation, so he does not support the complaint of the property company.

Accordingly, the court decided: the property company pays a $1000 funeral subsidy and a one-time relief fee of 33482.5 yuan.