The Company Has The Right To Get Compensation When The Company Breaks The Contract Without Authorization.

At the end of 2012, I signed a contract with the company for 3 years. Labor contract The position is sales clerk. In August 2014, I was assigned to the machining department for mechanical processing. Because I had no operational skills at all, I found the company to negotiate the rescheduling, but the company did not deploy it on the grounds of "reasonable adjustment of Posts". To this end, I did not go to work from the second day since the adjustment. In September 2014, the company dismissed me on the grounds of absenteeism. I would like to ask if the company is properly posted.

Lawyer reply: lawyer Zhang Guochen of Tianjin water hammer reply: you and the company have been engaged in sales work according to the labor contract. The company has unilaterally adjusted without consensus. Post It has led to major changes in the requirements, nature and contents of the two posts. This company's position adjustment has changed the contract with your original labor contract unilaterally, and has not taken into account your skills, constitute a breach of contract, you can not provide the employer according to the contract. working conditions On the grounds of it, the labor contract is rescinded and the company is required to pay the economic compensation.

Although employing units have the initiative to employ workers, on the one hand, they should consider whether they have full reasonableness while adjusting their work posts. On the other hand, they should not unilaterally violate the terms of the labor contract without consensus and change jobs. In this case, although the company's behavior of adjusting the labor position does not appear to be insulting or punishing on the surface, actually, the laborers do not possess the skills of new jobs, and are actually dismissed workers in disguised form. Therefore, the company shall pay the workers' economic compensation for the termination of the labor contract.

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Last year, I went to a job description company with labor dispatch qualifications to find a job. They recommended me an engineering company. After the trial period, the company agreed to sign a two-year labor contract with me with employment agency. During my work, the employment agency didn't give me social insurance. Later I asked them to pay for me, but they said they should be paid by the employing unit. The engineering technology company also said that I was a dispatched worker and had to find an employment agency to solve it. What should I do?

Reader: Mr. Xu

Lawyer answer:

According to the fifty-ninth provision of the labor contract law, the dispatched labor dispatching unit shall conclude a labor dispatching agreement with the units receiving employment in the form of labor dispatch. The labor dispatching agreement shall stipulate the number of dispatched posts and personnel, the time limit for dispatch, the amount of labor remuneration and social insurance premiums, the mode of payment and the responsibility for violating the agreement. The eighth provision of the Interim Provisions on labor dispatch stipulates that the labor dispatching unit has the obligation to pay the social insurance premium for the dispatched workers in accordance with the state regulations and the labor dispatching agreement, and handles the relevant procedures of social insurance.

Therefore, your social security fee should be paid by the employment agency. Now that the unit fails to fulfill the obligation of payment, you may consult with it, or reflect it to the social security inspection department in the area where the company is located, so as to safeguard your legitimate rights and interests.