Do Not Work After Forced Adjustment?

The adjustment of workers' jobs requires consensus between employers and workers.

In December 5, 2013, Ms. Chen entered a biotechnology company and served as a marketing insider.

In December 2015, the company said the company needed internal adjustment because of poor management and decided to adjust Ms. Chen to the Sales Department of the marketing department.

Ms. Chen indicated that the contents of the two posts were too large to agree with each other.

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In December 30, 2014, the company informed Ms. Chen that he would report to the sales office before January 5, 2015, otherwise he would deal with absenteeism.

Ms. Chen still said she did not agree to tune posts and did not work in the new posts for 7 consecutive days.

In January 2015, the company decided to let Ms. Chen know the employment decision on the basis of Ms. Chen's absenteeism for 7 days.

Ms. Chen refused to accept the decision and applied for labor dispute arbitration, which required the company to pay 6000 yuan of compensation for breaking the labor contract illegally.

The Arbitration Commission heard that

The thirty-fifth article states: "employers and workers can change the content stipulated in the labor contract by consensus."

The biotechnology company adjusted Ms. Chen from her in-house duties to sales posts, which was a change in her job position.

The act of reporting can not be regarded as absenteeism. The act of dismiss Ms. Chen has no legal and factual basis. According to the eighty-seventh provision of the labor contract law, the company should pay compensation.

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Introduced by an acquaintance in October 2014 in a shopping mall to promote sales.

In order to facilitate daily management, shopping malls are made for some iconic cards such as work cards, work cards and workers' clothing, etc., and are arranged for a promotional agent for a certain chemical company limited.

The chemical industry Co., Ltd. signed a "agreement with suppliers on the spot" and "supplier's cooperation undertaking" with shopping plaza. It is clear that the promoters' salary payment, social insurance and labor contract signing of chemical industry limited company are all undertaken by Chemical Industry Co., Ltd.

In November 25, 2014, the shopping mall was injured when it was assigned to a paper from a pportation chemical company.

In order to apply for industrial injury identification, a shopping mall was listed as a respondent and a chemical company limited as a third person to the local labor and personnel dispute arbitration committee for confirmation of labor relations.

Is there a labor relationship between a shopping mall entrusted with management or a wage limited chemical company?

The notice of the Ministry of labor and social security on the establishment of relevant matters concerning labor relations stipulates three essential elements for the establishment of a labor relationship: (1) employers and workers comply with the main qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law are applicable to the labor management of the laborers, the employing units of the laborers, and the remunerated labor arranged by the employing units; (three) the labor provided by the workers is an integral part of the business of the employing units.

When the labor relationship is identified, the following documents can be considered: (1) payment vouchers or records (salary list for workers' wages) and payment of various social insurance premiums; (two) certificates of identity issued by the employer to the workers, such as "work permit" and "service certificate"; (three) recruitment records of recruitment forms such as "registration form" and "application form" recruited by laborers; (four) attendance records; (five) testimony of other workers.

In a certain shopping plaza and Chemical Industry Co., Ltd., in accordance with the law on the subject qualification, shopping plaza is a kind of entrusted and managed relationship. The shopping mall has issued some iconic items such as work cards, work cards and work clothes for a certain system.

All of these contents have the legal characteristics of labor relations.

But in this case, the units that implement daily management and the units that pay wages are not the same employers.

Entrustment management is a special management relationship in the service industry. As a compensable management Plaza, the shopping mall and Chemical Co., Ltd. is the legal entity of equal subjects. Chemical Co., Ltd. entrusts the daily management rights of the promoters to the shopping plaza for the implementation. The two sides are the principal agent contract relationship between the equal subjects, and the agency agreement signed is the real meaning of the two parties, and it should be lawful and effective.

The shopping mall has issued iconic cards such as work cards, work cards, and workers' clothing, so that the management of promoters can be easily carried out, and the beneficiaries should be chemical industry companies.

Therefore, the Arbitration Commission decided to establish a labor relationship with the chemical company.