Can the employees arrange for the company, can employees want to refuse?Employees refuse the work arranged by the company. Can the company unilaterally cancel the labor contract?
Yan Li (pseudonym) joined a company in July 2016. The company signed a non -fixed -term labor contract with her. The salary was 3,000 yuan per month and a project bonus.
The company’s main business is urban transportation planning and design. Yan Li’s job is on -site survey, preparation reports, follow -up projects, etc. Because many projects are outside, Yan Li needs to travel frequently.
In March 2019, Yan Li checked her pregnancy. After the company knew, she no longer arranged for her business to follow up the project. She arranged her work in the company, and the workload was lower than before pregnancy.
On July 11, 2019, the company wanted to arrange Yan Li to work on the site of a project (4 or 5 hours by car). When asking her opinion, she said that she was too tired to rest recently and proposed an alternative.adoption.
After the company issued a work trip, Yan Li did not raise any objections, but when other people set off, Yan Li did not attend, and the company could only find two other people to replace Yan Li at the project site.
The company believes that Yan Li’s behavior drags the work process and has caused adverse effects.
On July 19, the company arranged Yan Li to participate in the review of a project (6 hours by car). Yan Li was the editor -in -chief of this project and was at the meeting.
After receiving the notice, Yan Li was guided and trained for the new colleague Zhu, and arranged for Zhu to replace her to the scene.
The company believes that her way of arranging others to replace others is very inappropriate, and the company believes that Yan Li has done a lot of work on the grounds of her pregnancy, but it requires a lot about the project bonus.Without decrease, she just rejected the company’s legitimate work arrangement.
The company’s "Employee Manual" stipulates that if employees do not obey the work arrangements or do not complete work tasks, they belong to a serious violation of discipline that can terminate the labor contract.
Subsequently, the company’s twice rejected the company’s legitimate work arrangement, which seriously violated the company’s rules and regulations as the reason to terminate the labor contract.
Yan Li applied for labor arbitration and asked the company to pay it for project bonuses, year -end awards, and compensation for labor relations in violation of laws.
The arbitration agency ended the arbitration procedure on the grounds that the arbitration agency had not been tried for more than 45, and she filed a lawsuit against the court.
If the labor contract is terminated according to the rules and regulations, it shall be limited to the serious disciplinary violations of the workers.
Although the company stipulates that if he does not obey the work arrangements or completes the work task, he can terminate the labor contract, but Yan Li is during pregnancy. According to the law, the company shall reduce its workload as appropriate.
The company’s arrangement for Yan Li is not irreplaceable, because Yan Li is unwilling to trek through long distances to meet common sense. Although Yan Li failed to participate in the business trip arranged by the company twice, he could actively communicate.Other personnel participated, and there were no other adverse consequences in the follow -up. Therefore, the company determined that the reason and basis of its serious disciplinary violations were inadequate, and the labor relationship with Yan Li constituted a physical violation.
In the end, the court ruled that the company paid Yan Li’s illegal lift of the labor relationship of 9,1490 yuan, plus the project commission and year -end award, a total of 20,2686 yuan.
Employees refuse to work, the main points of the company’s dismissal:
1. System regulations: Don’t accept the work arrangement cannot be used as a direct basis for the termination of the contract. It can only be relieved of the contract with the rules and regulations through the system regulations;
2. Related job: The work arranged by the enterprise should be related to the employee’s own job. Arrange things that have nothing to do with employees’ job jobs. Employees can refuse, not a violation of discipline.
3. Reasons for rejection: Employees refuse to have a legitimate reason for whether they have a legitimate reason, and reject the work arrangement for no reason to be a violation of disciplinary acts.
4. Process results: Employees rejected the company’s arrangement for some reason, but gave alternatives or arranged other people to go without any adverse consequences and did not constitute serious disciplinary violations.