Is it legal for workers waiting for jobs to work?

There is no legal basis for arranging employees to "wait for posts" and it is illegal. Unless it is negotiated with employees, employees agree.

According to the Labor Contract Law

Article 35 The employer and the employee may change the contents agreed in the labor contract through consultation. Changes to the labor contract shall be made in written form.

The revised text of the labor contract shall be held by the employer and the employee respectively.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.

Extended data

Case:

From June 2065438 to October 2006, Chen Mou worked in an electric company in Yantai. During his work, the two parties signed three written labor contracts. The third labor contract lasted from June 2065438 to June 2065438 to February 2065438.

However, in the middle of 20 16, due to difficulties in production and operation, the electric company suffered losses year after year, and Chen Mou's post was adjusted to the technical department according to the company's production needs. At the end of 20 16, the company left a message to Chen Mou through the internal system, informing Chen Mou that the contract was about to expire and the company planned to renew it with Chen Mou.

However, in June of 20 17 and 1, the company issued an organizational structure adjustment notice, and decided to cancel the post of deputy chief engineer due to the company's production needs. Subsequently, at the end of 2065438+2007 10 and 65438+2007, the electric company suddenly sent a waiting notice to Chen Mou, informing Chen Mou that Chen Mou would go home to wait for his post because the post of deputy chief engineer was cancelled.

Upon receiving the notice, Chen Mou immediately negotiated with the company. If the negotiation fails, Chen Mou angrily sued the electric company to the court, demanding that the defendant electric company cancel the waiting notice, continue to perform the labor contract, and reissue the salary difference of 44,434.05 yuan during the waiting period.

The Mu Ping court held that the written labor contract signed by the original defendant and the defendant was not renewed after the expiration of 20 16 12 3 1. The defendant recognizes that the labor relationship between the two parties has always existed, and should assume that the two parties perform the labor relationship in their actual jobs.

To sum up, the Notice of Waiting for a Post sent by the defendant to the plaintiff on 20 17 65438+ 10/2 1 day did not comply with the legal provisions in both procedure and fact. The plaintiff's request to cancel the notice of waiting for work is well founded and supported by our court.

In accordance with the provisions of Article 35 of the Labor Contract Law of People's Republic of China (PRC), the Notice of Waiting for Work made by the defendant Electric Company to the plaintiff Chen Mou on June 20 17 was revoked, and Chen Mou's other claims were rejected.

References:

Ministry of Human Resources and Social Security-People's Republic of China (PRC) labor contract law

References:

Light. Com- A company in Shandong forced its employees to "voluntarily leave their jobs", and the court ruled.