The company wants to dismiss me, and I demand compensation. The company doesn't want to give compensation, but wants to transfer my post. May I not agree to the transfer? There is a clause in the cont

The company wants to dismiss me, and I demand compensation. The company doesn't want to give compensation, but wants to transfer my post. May I not agree to the transfer? There is a clause in the contract with the company about It's possible. It is illegal to change the contents of the labor contract without authorization. If the employer dissolves or terminates the labor contract in violation of the relevant provisions of the Labor Law, and the employee fails to continue to perform the contract or the contract cannot be continued, the employer shall pay compensation to the dismissed employee in accordance with the law, and compensate one month's salary for each year of work according to the compensation period. The other party can go to labor arbitration for breach of contract.

Legal analysis

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. Dismissal is the behavior of the employer to dismiss the employee, which refers to the compulsory measures taken by the employer to terminate the labor relationship with the employee due to serious violation of discipline or other reasons. Employees who violate discipline seriously must be identified according to legal and effective rules and regulations. Legal and effective rules and regulations are an important basis for employers to dismiss employees who violate discipline. Article 19 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases clearly stipulates that the rules and regulations formulated by the employing unit through democratic procedures do not violate the laws, administrative regulations and policies of the state, and have been publicized to the workers, which can be used as the basis for the people's courts to try labor dispute cases. Only the dismissal decision made according to legal and effective rules and regulations can become the basis for arbitration institutions or judicial organs to judge cases.

legal ground

Article 47 of the Labor Contract Law of People's Republic of China (PRC) * * * The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.