If the production and operation of enterprises are not difficult and employees are unwilling to wait for posts, it is illegal for enterprises to let employees wait for posts. At the same time, the company subsidizes employees to participate in training. During the training period, employees can't take part in the work normally, which can be regarded as waiting for posts and waiting for posts legally.

First, is it legal for enterprises to let employees wait for posts?

If the production and operation of enterprises are not difficult and employees are unwilling to wait for posts, it is illegal for enterprises to let employees wait for posts.

According to Article 7 of the State Council OrderNo. 199311,enterprises can provide training for surplus staff and workers, and the wages and benefits during the training period shall be determined by the enterprises themselves. Article 8 of the Regulations on the Resettlement of Surplus Employees of State-owned Enterprises stipulates that an enterprise may take a day off for its employees after being discussed and approved by the employees' congress and reported to the administrative department of the enterprise for the record. During employees' holidays, the enterprise will give them living expenses.

Second, wait for the agreement to be legal.

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. During the training period, employees can't take part in the work normally and can be released as waiting for jobs.

3. Because the employee is not qualified for this position, the unit arranges training and study, and is in a waiting state during the training period. According to Article 40 of the Labor Contract Law, if an employee is incompetent after examination, the company may arrange employee training.

4. If employees take the initiative to interrupt their work to participate in full-time study, self-employment or other social activities, with the consent of the enterprise, it can be interpreted as unpaid waiting for posts. It should be noted that it must be requested by the employee personally, not forced by the company. If employees prove that they are forced by the company, it is illegal to wait for their posts.

Third, the waiting agreement is a special case in law.

1. If the company refuses to arrange a labor post, the employee may claim to terminate the labor contract relationship with the company on the grounds that the company fails to provide working conditions, fails to pay labor remuneration in full and on time, and pays social security fees in accordance with the provisions of Item (1), (2) and (3) of Article 38 of the Labor Contract Law.

2. At the same time, according to the provisions of Article 46 of the Labor Contract Law, you can further claim to pay economic compensation to the company on the basis of asking the company to reissue wages.

3. The employee's right claim should be put forward within the arbitration period, that is, within one year from the date when the right is infringed.

legal ground

Article 12 of the Interim Provisions on Wage Payment

If an employee waits for a post during the salary payment period, the employer shall pay the employee's salary according to the standard agreed in the labor contract. If the wage payment period exceeds one period, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard;

If the laborer fails to provide normal labor, he shall pay the living expenses according to the standards set by the local government.