1. How to deal with those who have post qualifications and do not participate in post competition without justifiable reasons?
1. Give a warning for the first time and pay the living expenses according to the Beijing minimum living standard;
2. Stop paying all wages for the second time;
3. The third time, he will resign or be dismissed automatically.
Second, under what circumstances can the company let employees wait for their posts?
1. If the enterprise stops production for economic reasons or other reasons, the employees can't work normally, or they can only engage in auxiliary work and can't participate in normal production activities. When the production task is insufficient, the enterprise can arrange employees to wait for their posts and pay wages when they stop working. However, the company should provide evidence of insufficient production tasks or poor management.
2. The company subsidizes employees to participate in training. During the training period, employees can't work normally, which can be regarded as waiting for posts.
3. The enterprise can't arrange employees' posts due to production and operation difficulties, and temporarily arrange employees to be laid off for more than one month, and then consider arranging employees to re-engage after the difficult period. During the waiting period, employees can receive a certain amount of living expenses, and enterprises will continue to pay various social insurance fees for them.
4. Enterprises need to adjust their institutions or posts due to restructuring, merger, acquisition or merger with other enterprises, and can't arrange workers' work temporarily, but according to the law, enterprises can't terminate workers' contracts at will. In this case, local policies generally make it clear that enterprises can arrange employees to wait for posts, and not only pay living expenses, but also pay various social insurance fees for employees during the waiting period.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.