Analysis Of Special Restrictions On Transfer And Pay Reduction

Although the transfer, demotion and demotion belong to the management and independent rights of the employing units, there should be corresponding legal basis. First, the two sides agreed to coordinate posts. "Employers and workers can change the content stipulated in the labor contract through consultation." The two is to adjust posts according to the agreement, but the direction of the agreement should be clear. For example, under what circumstances, what kind of mobilization should be carried out? If the direction of the agreement is not clear enough, the enterprise must bear the heavier burden of proof, indicating that the post adjustment is reasonable. The three is to adjust posts according to regulations. Worker After illness or non occupational injury, the original work can not be carried out after the prescribed medical treatment expires, and the employer can arrange the work separately.

In order to protect the enthusiasm of trade union cadres in performing their duties according to law, Trade Union Law "Specially stipulates:" when the president and vice chairman of the trade union are not fully appointed, they must not arbitrarily mobilize their work. When the work needs to be mobilized, the trade union committee at the level and the trade union at the next higher level should be given the consent.

This means that even if a trade union chairman is not competent. work Under such circumstances, enterprises can not adjust their jobs unilaterally. This provision of the trade union law guarantees the realization of the will of the majority of members in the form of law. Special restrictions are imposed on the violation of the election results of members of the general assembly or members' congresses in real life and the illegal activities of the chairman and vice chairmen of the trade union.

According to the Interim Measures for the protection of the legitimate rights and interests of the chairman of the trade union union, the chairman of the enterprise union shall be demoted, demoted, suspended wages, reduced wages, wages and other benefits as a result of the performance of his duties according to law, or if he is falsely handled, redeployed or retaliated, he or she can not resume the original work or enjoy the original treatment, or fails to arrange suitable jobs. The higher level trade union shall urge the enterprise party organization to revoke the decision, resume the work of the former chairman of the trade union, and make up for its economic losses.

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If the general worker is illegally relieved or terminated the labor contract, the employer shall continue to perform the labor contract in accordance with the provisions of the labor contract law, and if the worker fails to continue to fulfil the labor contract or the labor contract can not continue to perform, the employer shall pay compensation to the laborers in accordance with the economic compensation standard two times.

According to the detailed rules for the implementation of the Interim Measures for the protection of the legal rights and interests of the trade union chairman of the Shanghai municipality, the chairman of the trade union shall discharge or terminate the labor contract without any proper reason because of the performance of his duties according to law. The higher level trade union shall urge the enterprise to continue to fulfill its labor contract according to law, resume its original job, renew the remuneration paid during the rescission of the labor contract, or give him two times the annual income compensation, and give the economic compensation for the termination or termination of the labor contract. If the enterprise refuses to correct, the higher level trade union shall bring the labor administrative department to order the enterprise to correct it until the chairman of the trade union who has infringed upon the rights or interests has filed a complaint with the labor arbitration committee or brought a lawsuit to the people's court.

The chairman of an enterprise union shall be relieved or terminated by a company because of its duties in accordance with the law. If I am unwilling to continue to work in the enterprise and lead to unemployment, the higher level trade union shall provide employment assistance to the chairman of the trade union, and he or she needs employment training to provide free vocational skills training for him. During the unemployment of the chairman of the trade union, the higher level trade union should subsidize the salary of the original post and enjoy a maximum period of not more than six months.