Lead:
Supermarket chains go out of business, employees face major decisions, how should they respond? Can a supermarket require an employee to accept a transfer or resign? The rights and interests of employees are protected by law, but supermarkets also have their own legal rights. In this article, we'll explore the impact of supermarket closures on employees and supermarkets, as well as best practices for dealing with such situations.
First, the choices faced by employees
Little Fat Supermarket, a supermarket chain owned by a listed group, plans to close its branch in the Tuantou community due to poor management. The decision affected more than 200 employees near the supermarket, most of them nearby residents and older. The supermarket offered two options: accept the supermarket's transfer arrangement or resign on its own.
The ingenuity of the supermarket's approach lies in its circumvention of the compensation required for voluntary termination of the labor contract. If an employee chooses to voluntarily resign, the company does not need to pay an additional month's salary. However, most of the employees were reluctant to accept the transfer, and did not want to voluntarily resign without financial compensation, so some employees took Xiaochuan Company to court to demand termination of the labor contract and compensation.
2. The law protects the rights and interests of employees
Termination of employment contract
According to the Employment Contract Law, when the objective circumstances of the labor contract change significantly, making it impossible to perform the labor contract, the employer has the right to terminate the contract. However, the employer must give the employee one month's notice or pay one month's salary as compensation.
If the employer fails to notify or pay wages in advance as required by law, the employee has the right to claim financial compensation. The amount of severance is calculated according to the number of years the employee has worked in the unit, with one month's salary for each full year, one year for less than one year, and half a month for less than six months.
This provision aims to protect the legitimate rights and interests of employees and ensure that employers pay corresponding compensation in accordance with the law when terminating the labor contract.
How to defend your rights
If the employer refuses to pay economic compensation, the employee may apply to the local labor administrative department to request the employer to pay labor remuneration, overtime pay or economic compensation. If the employer fails to pay within the time limit, the labor administration may order it to pay an additional compensation of 50% to 100% of the amount due.
This legal provision ensures that the rights and interests of employees are protected and encourages employees to defend their own rights and interests.
Learn the law, understand the law, use the law, abide by the law
In a society governed by the rule of law, the law is the cornerstone of upholding fairness and justice. As an employee, it is essential to understand your rights and learn to apply the law. Employees should actively defend their rights and not accept unfair treatment.
As an employer, it should shoulder social responsibilities, strictly abide by the law, and should not take measures to circumvent the law. The Labor Contract Law stipulates the rights and obligations of both employees and employers, and both parties should follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.
III. Summary
The closure of supermarket chains poses challenges for both employees and employers. Employees face important decisions, but their rights are protected by law. The employer must comply with the provisions of the Employment Contract Law by notifying the employee in advance or paying economic compensation. Employees should also actively defend their rights to ensure that their legitimate rights and interests are not infringed.
In a society governed by the rule of law, the law is a powerful tool to protect the rights and interests of everyone. Both employers and employees should learn and understand the law, and abide by the law to ensure the fairness and justice of labor relations. Only within the legal framework can employees and employers reach reasonable solutions to the challenges posed by unexpected situations such as supermarket closures.