Can Employees Leave Long Positions?

Ms Shen is an employee of an insurance company and serves as a training commissioner.

In March 2015, Shen made an application for sick leave on the grounds of pregnancy and hospital recommendations, and was approved by the unit.

Ms. Shen submitted a false note to the company continuously and continuously until September 2016.

During her vacation, Ms. Shen had recruited a new employee to work as a training Commissioner because of the heavy responsibilities he had taken and his job could not be vacant for a long time.

In September 2016, Ms. Shen asked for rehabilitation from her job on the grounds of physical rehabilitation.

The company said that because of its long vacation, the original position had been replaced by other workers, and arranged for him to go to the office to work as a clerk.

Ms. Shen refused to accept and insisted on going to the original post.

Then, the workers leave for a long time, resulting in their positions being replaced by other workers.

If the workers do not accept the arrangement, how do they handle it?

According to the labor law, the right to rest and leave is a basic right of laborers.

However, the production and operation activities of the employing units are generally continuous and continuous. During the period of production and operation, a basic principle is that posts do not wait for others.

When workers exercise the right to leave, they will inevitably cause vacancies in their jobs.

If the employer is unable to resettlement other employees for temporary part-time jobs, it is necessary to mobilize or recruit new workers to work on vacation workers.

This led to the end of the vacation of the workers, and there was a problem for a post and two employees to engage in.

In the absence of a prior agreement, let the new employees leave the business they are engaged in.

The post is no doubt illegal.

Therefore, a reasonable choice is how to adjust the vacations of the workers.

The fortieth clause and third paragraph of the labor contract law stipulates that

There is a major change in the objective situation on which the conclusion is made, resulting in the failure of the labor contract to be fulfilled. If the employer and the laborer fail to negotiate an agreement on changing the contents of the labor contract, the employer may terminate the labor contract in writing 30 days in advance, or pay 1 months' wages to the employee.

The "objective situation" here refers to other situations where force majeure occurs or causes all or part of the labor contract to fail to perform.

The author believes that employees' long-term leave of absence causes their jobs to be replaced by other workers, which is a situation where "the objective situation has changed significantly", resulting in the failure of the original job to continue.

Under such circumstances, employers can negotiate with workers to change jobs.

If a worker agrees to change his job, he or she shall perform the rights and obligations of both parties in accordance with the new post; if the employee does not accept the change, the employer may terminate the labor contract in accordance with the above provisions.

However, in the dissolution of labor contracts, according to the law, employers should pay economic compensation to laborers.

It should be noted that when the laborers exercise the right of proper leave, the employing units should try their best to promote the work of the vacant workers through other part-time or temporary posts, so as to avoid hiring or mobilizing new workers to take part in vacations.

If it is necessary to recruit or mobilize new workers to take part in the work of vacations, the post adjustment should be adapted to the working ability and skills of the laborers for the purpose of adjusting their jobs for the vacation workers.

In this case, Ms. Shen's long vacations resulted in her job being replaced by other workers.

If Ms. Shen does not accept job changes, the insurance company can terminate the labor contract, but the economic compensation should be paid according to law.

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