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Changing Jobs And Changing New Contradictions, Will Enterprises Be Relieved?

2016/9/7 9:04:00 29

Changing PostsSafeguarding Rights And Personnel

After an industrial accident occurred, the employee applied for a job pfer, and the result was that he was punished because his position was not suitable.

Recently, Mr. Liu's visit to the newspaper reflects his dissatisfaction.

According to Mr. Liu, he has worked in a company for over a year.

At the beginning of this year, he injured his hand while he was working. Although he did not fracture, he injured his nerve.

He found the production manager and hoped that the company could declare injury for him, and the manager disagreed.

After many negotiations, the manager finally agreed.

After a period of recuperation, though the wound was healed, the fingers were not flexible in the past. Because his job was to deal with the fine parts, he felt that his condition could no longer engage in the original position, and he asked the manager for another job.

The manager was very frank, and he was told to work in another post in second days.

When he arrived at the new post, the group leader said the key points of operation and put him on duty.

As a beginner, he was sweating profusely, and still couldn't catch up with everyone's rhythm.

Colleague

He was very unhappy with him.

Three days later, the group leader talked to him and said that he might not adapt to the post and pferred him to another post.

He also felt unable to adapt and agreed to mobilize.

The new position is still on the assembly line, and no one has trained him, so he has been on duty. As a result, he still dragged everyone's back leg, and even made a mistake in his busy work, which led to the rework of the product. He was also buckled by the company for 100 yuan.

For this reason, he went to the manager again and asked him to arrange a suitable job for him, or give him some time to pre post training.

The manager refused this time and said he had trouble.

As a result, the two men pushed together.

After that, the company's personnel department informed him that he would be dismissed because he had to contradict his leadership and be ready to quit.

He refused to accept that the company was not concerned about him since his work-related injuries. This is also the first time that the manager has insulted himself. He is not the first to start. He should also expel two people.

Yin Weiyao, a lawyer in Shanghai sunshine Zhuo Zhong law office, said Mr. Liu's experience involved four.

labor rights

Problems: first, the declaration of industrial injury.

According to "Shanghai city"

Injury on-the-Job

In accordance with the provisions of the insurance implementation measures, where an employee is injured in an accident, the unit shall, within 30 days from the date of the occurrence of the accident injury, apply for an application for industrial injury to the district or county human resources and Social Security Bureau at the place where the employer is located.

Two, adjusting posts.

According to the labor contract law, employers and workers can change the content stipulated in the labor contract through consultation.

Change of labor contract shall be in written form.

Three, the problem of deduction.

The "Shanghai enterprise wage payment method" stipulates that workers cause economic losses to enterprises due to their own causes, and enterprises need to compensate them according to law, and deduct compensation fees from wages. The deducted part should not exceed 20% of the workers' monthly wages, and the residual wages after deduction shall not be lower than the minimum wage stipulated by the municipality.

Four, violation of discipline.

There are four elements for breaking the law: reasonable and legitimate rules and regulations, publicity or staff sign, employees do have irregularities and acts to achieve the degree of dissolution.

In accordance with these four conditions, the labor contract of the violating discipline workers can be relieved.

Overall, it may be the lack of necessary communication between the two sides resulting in this contradiction. First of all, the unit did not declare industrial injury, and it was declared after several times, so that the workers had a heart knot. Secondly, as employees were deducted from their jobs due to work-related injuries, their worries were understandable. Moreover, the change of jobs might not give employees a training or pition, and it might be a flaw in management at the same time. In the end, as a unit, there might be some difficulties. If the workers changed jobs again, they would not be able to work well. Leaders would inevitably have ideas. Therefore, Yin suggested that the two sides should fully communicate and coordinate to avoid the escalation of contradictions due to the lifting.


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