companies that sell wholesale jewelry
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companies that sell wholesale jewelry
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wholesale trendy costume jewelry ny ny First, the company does not violate employees 'posts, and the company can adjust employees' positions according to the needs of production.
. As one of the management methods of employers, post -post adjustment is often adopted during the performance of the labor contract, but the post -post is often rejected by workers. The employer believes that the transfer is the autonomy of the employment of the unit; and the workers often advocate that the adjustment of the job to change the labor contract should be consistent with the negotiation of both parties. If the two sides can't hold each other, it is easy to have disputes. Personally, the views of the two parties make sense and are not contradictory. It's just that the applicable situation is different. Third, the employer uses the autonomy of the work, and adjusts the work of the workers unilaterally (1) Unilateral adjustment in the statutory situation
1, Article 40 of the Labor Contract Law, the laborer is ill or the disease may be ill or If you are not injured due to work, you cannot engage in the original work after the prescribed medical period expires, nor can he engage in the job arranged separately by the employer. The employer notify the worker himself or pay the worker for one month's salary 30 days in advance or pay an additional payment of the workers. After that, the labor contract can be lifted. According to this regulation, the employer can be transferred if the workers are ill or injured in the work of the medical period.
2. Article 40 of the Labor Contract Law stipulates that the workers cannot be competent. After training or adjusting their jobs, they still cannot be competent. I may terminate the labor contract after paying an additional salary of the worker for one month. According to this regulation, if the worker cannot be competent, the employer can be transferred unilaterally. Regarding the transfer of posts in this case, the General Office of the Ministry of Labor on issues related to the employees' re -issues such as the change of the job (the labor issuance [1996] No. 100) pointed out that " The adjustment of employees' jobs is the autonomy of employers. " However, the conclusion of the worker's "unable to do work" is concluded that the rules and regulations of the use of people's units or the agreement of the labor contract and support the results of the actual assessment are required.
Four, the unilateral adjustment of the rules and regulations is based on the spirit of Article 4 and 39 of the Labor Contract Law. Basis of posts. For example, the "rotation system" implemented by the useful person units in practice, for example, in the rules and regulations, stipulate that the workers can be adjusted if they are seriously negligent or have violated the rules and regulations and systems. Palace. However, it should be explained that when the rules and regulations of the unit are used as the basis for adjustment, in addition to the legal content of the system and the performance of democratic procedures, the most important thing is that the rules and regulations are operable. Words such as "serious negligence, fraudulent business fraud, major losses, and leadership leaders" cannot be used as a basis for adjustment.
amatto jewelry wholesale Can the company forced employees to adjust their posts?
In employees do not agree with posting. What should I do if the company requires employees?
does not agree with the transfer, can you only resign and leave, can you not defend your rights?
Recently, the Beijing First Intermediate People's Court announced a case of "mandatory tutoring", telling us in detail that "the company's compulsory post -adjustment must meet certain conditions", and "require employees to have a prerequisite", ",", ",", "," How to defend their rights when the workers encounter this situation! "
The things passed
Xiao Zheng joined a company in Beijing on April 22, 2019. A project in Ningbo, as a project manager, is responsible for platform maintenance. Its salary is 3,660 yuan, the job salary is 2,340 yuan, and the performance bonus is 2,000 yuan, totaling 8,000 yuan.
202020, the company decided to set up the Ningbo office, and only two positions of the office:
Sales: Responsible for selling related training programs and technology platforms;
Planning: Responsible for event planning and platform maintenance.
Because Ningbo's office no longer set up a project manager, Xiao Zheng's post must also change. But what made Xiao Zheng surprised that the company did not adjust him to do the planning of the same work as before, but asked him to do sales. In this regard, Xiao Zheng expressed his refusal to transfer.
The February 2020 (outbreak of the epidemic), Xiao Zheng's performance assessment was divided into 50 points, and the performance assessment did not meet the standard, which means that Xiao Zheng's performance bonus was 0 yuan. Xiao Zheng's monthly performance assessment has been full of scores from January 2020, and in February, such results were naturally dissatisfied. So Xiao Zheng filed a complaint with the company's headquarters in March, and was approved by the company, and was still handled according to the original assessment results.
On March 16, the company asked Xiao Zheng to wait for the job at home, request him to check in every day, and go to the Ningbo office for training. The salary is paid at the minimum wage of Ningbo 2,010 yuan/month.
On May 19th and May 21st, Xiao Zheng forgot to check in, and was deducted from the company's salary and deducted a fine of 600 yuan.
The Xiao Zheng thought that he had been doing his best in his work and could not accept the unfair treatment of again and again. He decided to pick up legal weapons to defend his legitimate rights and interests.
If labor arbitration
Xiao Zheng to the Labor Arbitration Commission claims:
1. The monthly salary difference is 14,580.1 yuan;
2. The company pays social insurance funds and provident funds or pay 30,000 yuan for full salary;
In May, the salary was 8,375.6 yuan, and other requests were rejected.
The court of first instance
For arbitration results, Xiao Zheng said that he could not accept it and applied for civil lawsuits with the same claim. (For labor disputes, you must arbitration first, and then apply for civil lawsuits. You cannot skip the arbitration.)
In the first instance court, Xiao Zheng said:
1. Floating only 2,000 yuan performance, and before February, his performance was full;
2. In February 2020, the company did not arrange other jobs for himself because of the epidemic. I have been engaged in the maintenance of the learning platform, and I have submitted a working log in the WeChat group, but at present I can no longer log in to the group;
3. After the company set up the Ningbo office, there are two positions in planning and sales. The work content of the planning position is basically consistent with the work of their original positions. The company does not arrange for its own planning, but requires to be sold, and after sales, the salary is lower than the current level. The request should not accept it. ;
4. Although the company was notified at home after March 16. However, you must go to the company every day to open get off work, and receive the company's training and handle some work. This is no longer waiting for the job, and the salary should not be paid according to the minimum wage standard;
5. On the surface, the company said that the post of "project manager" has been canceled. In fact, after the post is waiting, there are others who hold the post; r r r r r r r r r
6. Regarding the twice in May, I forgot to check in by myself. I was working in the company that day, and I had punch -in after get off work.
7. During the work period, the company did not pay social insurance for itself in accordance with the salary of 8,000 yuan. Although it did not affect the normal enjoyment of social security treatment, the loan procedures were not allowed to go through the low payment standards when paying the standard. It caused it to cause corresponding losses.
The company's debate:
1. Xiao Zheng's performance assessment was scored by Xiao Zheng's department manager. The company has a special "Measures for Performance Management". When Xiao Zheng took office, he received relevant training and signed and confirmed;
2. Xiao Zheng was not satisfied with the performance assessment, and the company also accepted his appeal. It was found that the company asked Xiao Zheng to collect and promote training materials at the beginning of the month, but Xiao Zheng did not feedback the results of the work, so the performance assessment was not qualified;
3. It is negotiated with him. Xiao Zheng does not accept the transfer, and the company does not have the position of "project manager", so he can only let Xiao Zheng wait for the post. Since it is to be on the job, the company can pay the salary at the minimum wage standard;
4. During this period, the company should conduct a series of training on Xiao Zheng to ensure the quality of training, so Xiao Zheng is required to go to get off work to check in;
5. For absenteeism, the company has a special attendance system and forgets that you can make up for cards. Xiao Zheng did not make up the card, so according to the company's "attendance management system", Xiao Zheng had a certain economic punishment for Xiao Zheng;
6. Regarding social security, the company paid on time every month.
The court of first instance believes that:
1. Combined with the facts found by the court and the statement of a company in Beijing, as the standard, basis, and the completion of each content in the assessment form of the employer's units, it is proof. Combined with Xiao Zheng's previous performance, it was full. The court does not accept the company's debate opinions;
2. The company should adjust the post of Xiao Zheng to explain the necessity and rationality. According to the company's new post settings, the planning post is obviously more consistent with Xiao Zheng's work before, but the company has adjusted Xiao Zheng to a sales post, and the salary structure and standards are different from the original position. Therefore, Xiao Zheng has the right to refuse to adjust the post, and the company asked Xiao Zheng to wait for the law to be illegal;
3. Regarding the absence of absenteeism, the company confirmed that the company closed the card supplement function at that time, and Xiao Zheng had a check -in. Therefore, it cannot be considered as absenteeism, and can only be regarded as incomplete records of punch -in. The salary should be issued normally in May;
4. Because Xiao Zhengneng enjoys normal social security treatment, and Xiao Zheng has not submitted evidence to the court, compensation for social security compensation for social security compensation The request is not supported.
In summary, the salary of Xiao Zheng from February to May should be paid at the original treatment, and the performance salary should be calculated at full score. The company pays a difference of 14,580.1 yuan.
The court of the second instance
For this result, a Beijing company appealed to the Beijing First Intermediate People's Court.
Reasons for the company:
1. On May 19 and May 21, Xiao Zheng only had to check in from get off work and could not prove that his work hours were on the job. n2. The adjustment of Xiao Zheng is negotiated first. Xiao Zheng did not agree with the post, and the company asked Xiao Zheng to wait for the post. Xiao Zheng did not continue his original post work and should not pay after the salary of the original position to be paid;
3. Xiao Zheng's performance salary and performance assessment are combined, and employers have autonomy to performance assessment. The court of first instance did not recognize our performance assessment and believed that the violations of the behavior of deducting the performance wages did not comply with the law.
The court of second instance believes that:
1. The company's assessment of Xiao Zheng does not meet the standards and shall bear the responsibility for proof, but the company does not proof of each assessment item. In addition, Xiao Zheng has been scored since he joined the job. Therefore, the company should bear the adverse consequences that cannot be proof. The performance salary in February should be paid at 2,000 yuan.
2. The company shall assume the responsibility for proof for the rationality and necessity of the transfer of the post. The company has not submitted evidence to prove that the "project manager" has been canceled, and the planning post is closer to Xiao Zhengyuan's position than the sales post. Therefore, Xiao Zheng did not agree with the transfer, and the company arranged Xiao Zheng to wait for the post, and paid the minimum wage lack of factual basis and legal basis. Therefore, the salary shall be paid from the original salary standard.
3. Regarding the punch -in, the company did not further verify the actual attendance and work of Zheng Zhan to determine its absenteeism and deduct wages. The lack of factual basis, the court did not accept the claim.
In summary, the appeal was rejected and the original judgment was maintained.
Wang Sir has something to say
in recent years, "adjusting employees" seems to be a killer for some companies to force employees to resign. Because the company's dismissal of employees must compensate or compensate for economic compensation, and employees resign, the company does not need to bear any risk of employment. Many people encounter "adjustment of posts", either recognize and resign, or accept them silently.
The netizens left a message in my article, "How can there be economic compensation and compensation, now the company does not actively dismiss people, and directly require employees to transfer posts. From the end, we all resigned and left, and we couldn't pay money at all. "
, as a worker, are we so weak? Is there really no place to make sense?
This citing this case, I want to tell everyone that the company can transfer to employees and cannot be chaotic! The company's transfer of employees must meet rationality and necessity.
In this case, if the company has no "project manager" due to the adjustment of the organizational framework, this is necessary, but this company cannot proof for this. In addition, it is in line with rationality to adjust Xiao Zheng to the planning post.
So this time the post -post adjustment is neither necessary, unreasonable, Xiao Zheng has the right to disagree. It is illegal to ask the company to treat Zhenggang.
So when we encounter the company forcibly adjusting, we must think about it. We must think about it. Is it necessary for this transfer? Is it reasonable? These two conditions must be met at the same time and are indispensable. It is illegal to make employees stand on the job. And to the court, the company should bear the responsibility for proof.
In addition, in this case, we can see that the company must assume the responsibility for the performance of our performance. Many companies like to add people to evaluation in performance, because the human evaluation is operable and can control the salary of employees at will. Although this is normal, the company can take advantage of a lot of cheap, but after the court, it is difficult for the company to say clearly, and it has to bear adverse consequences.
This at the end of
This is transferred by the company or should not be afraid. As long as the company cannot say the necessity and rationality, we will win the voucher.
wholesale jewelry stores nyc Without illegal, the company can adjust employee positions according to the needs of production. Employees must obey, otherwise they must consider resigning. In the contract signed by the company and the employee, there is no clause that the company cannot adjust the employee, take out the signing contract, and take a serious look.
buy wholesale jewelry manufacturers Without illegal, the company can adjust the employee's position according to the needs of the work and the situation of the employee to meet the needs of work and employee. Employees should obey, otherwise there should be enough reasons. In the labor contract signed with the employee, there is no clause that the company cannot transfer employees, so it is not illegal.
indonesian jewelry wholesale Whether the employer can adjust the post for the workers needs to be judged based on the content of the labor contract set by both parties.
If in the labor contract, the employer may adjust the job position of the workers according to the production and operation conditions. If the employer is transferred to the employee, the employer shall submit evidence to prove that the production and operation conditions have changed.
If the employer and the workers do not agree on the job or unknown in the labor contract, the employer may be transferred to their employees according to the needs of production and operation, but the post -adjustment should be limited to a reasonable range Within, it should be considered whether it is necessary for the employer to operate, whether the purpose is legitimate, or whether the adjustment of the posts can be the worker's competence, and whether the salary is unfavorable to change.