Can The Change Of Employee Positions Be Rearranged?

In March 2014, I signed a 3 year labor contract with a cosmetics sales company.

Contract, I am engaged in sales agency work, wages for the base salary plus commission, probation period of 6 months.

During the probation period, my sales performance was mediocre.

After the expiration of the trial, I was told that it was inappropriate for me to do the sales.

At the same time, because of changing jobs, we need to re try it for 6 months.

I would like to ask whether the company's practice is in line with the requirements.

It is the inspection period agreed by workers and employers for mutual understanding and choice.

The employing unit may stipulate a probationary period with a certain period of time in accordance with the term of the labor contract.

At the same time, in order to prevent employers from abusing

The nineteenth clause and second paragraph of the labor contract law stipulates that "the same employer and the same worker can only agree on a probation period".

During the probation period, if the worker fails to meet the employer's requirements

There is also evidence that the unit can terminate the labor contract with the workers, but the probation period can not be re established on the grounds of the ability of the laborers to be improved and the posts pferred.

Therefore, after the expiration of your probation period, the cosmetic sales company will not agree with the law if you re assign the probation period to your post.

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In May 26th, the contractor, Yi Zhou GUI, shared with a few migrant workers to this newspaper that they had done the work, and the project leader had counted the accounts, but the company just didn't pay the money.

"In the past few months, we have been looking for them for money every day. Up to now, there is still 100 thousand yuan in wages that we haven't got. We want to know how to protect their rights."

In November 2013, Yi Zhou GUI signed a weak electricity installation agreement with the project Department of a network engineering company in the province, and agreed to pay wages on a monthly basis.

Soon, manager Wang led Yi Zhou GUI's 10 migrant workers to work at a site in Chengdu.

However, a month later, Mr. Wang not only failed to pay wages on a monthly basis, but also tens of thousands of yuan did not pay to Yi Zhou Guihe migrant workers.

In 2014, Wang also called over 10 migrant workers to work at another site in South Gate of Chengdu. After several months' work, he still did not pay his wages.

"If we don't pay the wages on time, we will stop working. Then Mr. Wang will let us go, but he will still pay us 12.8 yuan more."

Mr. Ho, a migrant worker, is very angry.

In the past few months, he and Mr. Ho, including the migrant workers, are looking for manager Wang to pay their wages, but manager Wang always declines with various reasons.

In April 27th this year, Yi Zhou GUI and migrant workers found Wang manager at the construction site, demanding that they settle accounts and pay wages.

After consultations, the two sides shook hands, and Wang said they would pay them more than 12.8 yuan the next day.

However, up to now, more than 12.8 yuan has not been paid to migrant workers.

In May 27th, the reporter contacted Mr. Wang on the telephone. He said that Yi Zhou GUI had brought people to work, and the situation was true. Some of the money has not yet been paid, and there are some reasons for it. He thinks that the quality of work done by Yi Zhou GUI's migrant workers is poor and inefficient.

The projects that have been repeatedly rectified have not met the requirements.

According to manager Wang, Yi Zhou GUI told reporters, "what we have done, Mr. Wang signed on every construction list, though it has been rectify, eventually reached the construction requirements, there is no quality problem."

Yi Zhou GUI believes that manager Wang is making excuses.

In order to get paid, Yi Zhou GUI consulted Cheng Ji Yan, a lawyer of a law firm in the province. He said that the wages owed by the migrant workers and their employers should first be sought by the people's social department and resolved through consultation. If the consultation fails, the labor arbitration should be carried out in time, and the court will not be prosecuted for arbitration.

"However, if there is wage arrears (settlement list), the fact that the wages owed are clear and the evidence is sufficient, it is recommended that the court be prosecuted directly."

Lawyer Cheng Ji Yan suggested that the evidence is especially important for migrant workers to get paid. The site's entry card, payroll, settlement list, IOUS and so on are favorable evidence, and migrant workers should keep them consciously.

"Migrant workers with financial difficulties can apply for legal aid and ask lawyers to help them in litigation free of charge."

At present, Yi Zhou Guizheng is actively consulting with lawyer Cheng Ji Yan for salary negotiation procedures. He is prepared to use legal procedures to recover wages.