What should I do if I receive a malicious transfer notice? Later, I received a message from a friend.
Job transfer and salary reduction is an illegal means adopted by many companies to make employees voluntarily leave their jobs, the purpose is to not pay compensation or pay less compensation. When we encounter such a situation, we must clearly refuse it as soon as possible and leave evidence. After this friend left a message, they added friends to each other and explained in detail:
She worked in this company for 1 year and 7 months, the position is personnel administration, and the salary is 7,400 yuan. On January 26 this year, the company's leaders talked to her on the grounds of "organizational structure adjustment" and announced that she had changed from an HR position to a cleaning post, and her salary was reduced to 2,280 yuan (the local minimum wage). She asked the leader to explain the reason for the transfer, but the leader refused to answer, so she gave a notice of transfer. She refused on the spot, and printed out a letter of refusal to transfer to the company's leaders. Who knew that something more "strange" would happen next, in the afternoon, the leader asked everyone to move to the conference room to work, and put her in the hall alone, obviously isolated.
First of all, let's make it clear that any transfer and salary reduction without the consent of the worker is illegal. The transfer and salary reduction cannot be carried out by the unit privately, and it can only be negotiated with the employee and agreed by both parties. Secondly, the transfer cannot be punitive, insulting, obvious demotion, etc., like this friend's adjustment from an HR position to a cleaning post is definitely non-compliant. Finally, in principle, there will be no salary reduction for job transfer.
How to deal with the company's behavior of "job transfer and salary reduction"? It's very simple, just see the move.
Step 1: Verbally inform you.
The company's leaders or HR will take the initiative to find you, and then verbally inform you that the company will transfer you to a lower salary, and even some companies will dig a "hole" for you in the labor contract in advance, such as: "Under certain conditions, Party B unconditionally accepts Party A's job transfer" and other clauses. Take the labor contract to tell you that this is signed by both parties, and you must agree, if you do not agree, you will be considered a voluntary resignation, and there will be no compensation.
Or the same sentence: "No matter what reason the company wants to transfer you to a job or reduce your salary, you need to reach an agreement before making a decision to change the content of the labor contract." "Otherwise, it's a unilateral decision, and I have the right to reject it.
Step 2: Notice of Transfer.
Seeing that the verbal is invalid, then the HR department will most likely give you a "Notice of Transfer", stating that you must report to the department of the transfer at the specified time, and if the time is delayed, the company will deduct money or terminate the labor contract. At this point, it is basically certain that the company is forcing you to leave voluntarily under the pretext of "job transfer and salary reduction".
If you come and don't be rude, the company will give you a "Notice of Transfer", and you will definitely have to issue a "Notice of Objection to Transfer" as a gift. And write a clear reason for the rejection (irrelevance of the position, low salary, etc.), and indicate the attitude at the end: the two parties have not reached a consensus and do not agree.
Step 3: Make the means.
At this point, the two sides have already "torn their faces". The company will use all means to isolate you, so that you can't work, can't stay, and eventually compromises. This includes, but is not limited to: canceling your access control, emptying your office supplies, kicking out of the internal group, not arranging work, taking the lead in keeping colleagues away from you, etc.
You just need to stand still and get to and from work on time. Be careful not to let the company seize any tricks during work, especially absenteeism without reason. The company wants you to violate the rules and regulations and the employee handbook and take the opportunity to fire you. Of course, you can also raise an objection and ask the company to arrange a job for you, or you can give feedback to the labor inspection department, explaining that the company does not provide working conditions, etc.
Step 4: Notice of Termination of Employment.
Most companies will not go this far, and will negotiate with you in the first three steps, and finally the two parties will negotiate to leave after the "bargaining" stage. But there are also companies that will send you a Notice of Termination of Employment, so you can take it to arbitration and claim compensation.
Note: The above is based on the company's unreasonable job transfer and salary reduction, and maliciously forced to leave.
Author: Li Yunfang. Proofreading: Siqi.