Viewpoint | Correct Understanding of Employers Changing Jobs
Published:
2022-12-13
Job changes include changes in job content and changes in job locations, and changes in job content and location have varying degrees of impact on employers and employees. 1. employers to change their jobs should comply with the law. If the employer proposes to change the work content and location due to work needs or personal reasons, both parties shall fully communicate and negotiate. If it is difficult to reach an agreement, the labor contract may be terminated or terminated according to law. The adjustment of the job position must be negotiated amicably between the two parties in the procedure, and the labor income of the laborer shall not be reduced in the case of the same or optimized labor system. However, in practice, some employers unilaterally change the place of work or the content of their work in order to force the workers to take the initiative to terminate the labor contract, or change their jobs on the grounds that the so-called workers fail to pass the examination, which is illegal. In practice, there are not many disputes about the changes in the work content, mainly the changes in the work place. According to Article 17 of the Labor Contract Law, the place of work is one of the necessary provisions of the labor contract. As in the labor contract to negotiate the "place of work", in practice there are roughly three situations: One is a precise agreement, such as a certain street in a certain district, a certain building and a certain room. The precise arrangement of the workplace agreement is in line with the legislative purpose of the Labor Contract Law on the essential provisions of the workplace. The second is a broad agreement, such as a city, a district, the whole country. The broad agreement is clearly an unclear agreement, in which case it is generally believed that if the employee has been working at an actual workplace after the signing of the labor contract, the actual workplace is considered to be the specific workplace determined by both parties. The enterprise shall not change the employee's workplace at will on the grounds of such broad workplace agreement. Three is the authorization of the agreement. There are two types of authorization agreements:(1) conditional obedience type, that is, the enterprise can adjust the work place and position of employees according to the needs of production or operation, and employees should obey without proper reasons;(2) unconditional obedience type, that is, enterprises can adjust the work place and position of employees at any time according to the needs of production or operation, and employees should obey unconditionally. The conditional obedience agreement has a certain rationality, but it does not mean that the enterprise can abuse the authorization of the labor contract and arbitrarily adjust the employee's workplace. In other words, when an enterprise adjusts or changes the employee's workplace according to the authorization clause of the labor contract, it needs to prove that the change of workplace is reasonable, and only a simple "production and operation need" is not a reasonable reason, that is to say, the enterprise needs to have specific reasons and evidence to support whether the change of employee's workplace belongs to the production and operation needs, and then proves that it is reasonable for the enterprise to adjust or change the employee's workplace according to the authorization clause of the labor contract. In addition, if an enterprise adjusts or changes an employee's workplace, it also needs to consider whether it increases the difficulty or burden of the employee's performance of the labor contract, whether it affects the employee's life, and whether the enterprise has taken reasonable remedial measures. For the unconditional obedience type of agreement, Yiyi conforms to the circumstances in which the terms of the labor contract are invalid. According to the provisions of Article 26 of the Labor Contract Law, the labor contract that the employer exempts itself from statutory responsibilities and excludes the rights of workers is invalid or partially invalid. 2. workers should have a correct understanding of the employer's job changes Article 29 of the Labor Contract Law stipulates that the employer and the employee shall fully perform their respective obligations in accordance with the labor contract. The employer exercises the autonomy of operation and management due to the adjustment of production structure and business scope or changes in the external market, and makes appropriate adjustments to the positions of workers under the premise of legality and reasonableness. The workers should cooperate with this. If workers have objections to the adjustment of their jobs, they should be resolved through consultation, and should not resist or confront them in a passive manner. Even if there is a certain difference between the new position and the original position, as long as it is not a major difference, as a worker, he should adapt to the new position through learning, training and practical operation, and cannot resist on the grounds that he thinks he is incompetent. In practice, employers exercise their operational autonomy to adjust the organizational structure. As long as they do not maliciously transfer posts against individuals, do not unilaterally designate adjusted jobs, and do not explicitly reduce wages, it should be regarded as a reasonable adjustment of jobs by employers. At this time, workers know that they should but insist on not going to work at the place designated by the company, which obviously violates the duty of diligence and loyalty that a worker should perform to the employer, it also violates the bottom line of professional ethics as a worker. It is the duty of the laborer to follow the basic work discipline of the employer. Although the law protects the legitimate rights and interests of the laborer, it does not condone the laborer to do whatever he wants.
Job changes include changes in job content and changes in job locations, and changes in job content and location have varying degrees of impact on employers and employees.
1. employers to change their jobs should comply with the law.
If the employer proposes to change the work content and location due to work needs or personal reasons, both parties shall fully communicate and negotiate. If it is difficult to reach an agreement, the labor contract may be terminated or terminated according to law. The adjustment of the job position must be negotiated amicably between the two parties in the procedure, and the labor income of the laborer shall not be reduced in the case of the same or optimized labor system. However, in practice, some employers unilaterally change the place of work or the content of their work in order to force the workers to take the initiative to terminate the labor contract, or change their jobs on the grounds that the so-called workers fail to pass the examination, which is illegal.
In practice, there are not many disputes about the changes in the work content, mainly the changes in the work place. According to Article 17 of the Labor Contract Law, the place of work is one of the necessary provisions of the labor contract. As in the labor contract to negotiate the "place of work", in practice there are roughly three situations:
One is a precise agreement, such as a certain street in a certain district, a certain building and a certain room.The precise arrangement of the workplace agreement is in line with the legislative purpose of the Labor Contract Law on the essential provisions of the workplace.
The second is a broad agreement, such as a city, a district, the whole country.The broad agreement is clearly an unclear agreement, in which case it is generally believed that if the employee has been working at an actual workplace after the signing of the labor contract, the actual workplace is considered to be the specific workplace determined by both parties. The enterprise shall not change the employee's workplace at will on the grounds of such broad workplace agreement.
Three is the authorization of the agreement.There are two types of authorization agreements:(1) conditional obedience type, that is, the enterprise can adjust the work place and position of employees according to the needs of production or operation, and employees should obey without proper reasons;(2) unconditional obedience type, that is, enterprises can adjust the work place and position of employees at any time according to the needs of production or operation, and employees should obey unconditionally. The conditional obedience agreement has a certain rationality, but it does not mean that the enterprise can abuse the authorization of the labor contract and arbitrarily adjust the employee's workplace. In other words, when an enterprise adjusts or changes the employee's workplace according to the authorization clause of the labor contract, it needs to prove that the change of workplace is reasonable, and only a simple "production and operation need" is not a reasonable reason, that is to say, the enterprise needs to have specific reasons and evidence to support whether the change of employee's workplace belongs to the production and operation needs, and then proves that it is reasonable for the enterprise to adjust or change the employee's workplace according to the authorization clause of the labor contract. In addition, if an enterprise adjusts or changes an employee's workplace, it also needs to consider whether it increases the difficulty or burden of the employee's performance of the labor contract, whether it affects the employee's life, and whether the enterprise has taken reasonable remedial measures.
For the unconditional obedience type of agreement, Yiyi conforms to the circumstances in which the terms of the labor contract are invalid. According to the provisions of Article 26 of the Labor Contract Law, the labor contract that the employer exempts itself from statutory responsibilities and excludes the rights of workers is invalid or partially invalid.
2. workers should have a correct understanding of the employer's job changes
Article 29 of the Labor Contract Law stipulates that the employer and the employee shall fully perform their respective obligations in accordance with the labor contract. The employer exercises the autonomy of operation and management due to the adjustment of production structure and business scope or changes in the external market, and makes appropriate adjustments to the positions of workers under the premise of legality and reasonableness. The workers should cooperate with this. If workers have objections to the adjustment of their jobs, they should be resolved through consultation, and should not resist or confront them in a passive manner. Even if there is a certain difference between the new position and the original position, as long as it is not a major difference, as a worker, he should adapt to the new position through learning, training and practical operation, and cannot resist on the grounds that he thinks he is incompetent.
In practice, employers exercise their operational autonomy to adjust the organizational structure. As long as they do not maliciously transfer posts against individuals, do not unilaterally designate adjusted jobs, and do not explicitly reduce wages, it should be regarded as a reasonable adjustment of jobs by employers. At this time, workers know that they should but insist on not going to work at the place designated by the company, which obviously violates the duty of diligence and loyalty that a worker should perform to the employer, it also violates the bottom line of professional ethics as a worker. It is the duty of the laborer to follow the basic work discipline of the employer. Although the law protects the legitimate rights and interests of the laborer, it does not condone the laborer to do whatever he wants.
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