Viewpoint | Research on the practice of adjusting workers' jobs in units
Published:
2021-12-09
Job changes include changes in job content and workplace. Changes in job content and workplace are sensitive to both employers and employees and must be treated with caution. 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 work positions must be negotiated amicably between the two parties in terms of procedures, and the labor remuneration of workers should not be reduced under the same or optimized working conditions. However, in practice, in order to force the laborer to propose to terminate the labor contract, some employers unilaterally change the laborer's work location or work content, or change their jobs on the grounds that the so-called laborer is unqualified. Illegal behavior. 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. How to negotiate and agree on the "work place" in the labor contract, there are roughly three situations in practice: one is the precise agreement, such as a certain street in a certain district, a certain building and a certain room. The precise workplace agreement is in line with the legislative purpose of the Labor Contract Law on the necessary provisions of the workplace; the second is the general agreement, such as a city, a district, the whole country. The broad agreement is obviously an unclear agreement. In this case, it is generally believed that if the employee has worked at an actual work place after the labor contract is signed, the actual work place shall be regarded as the specific work place 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 post of employees according to the needs of production or operation, and the employees should obey:(2) unconditional obedience type, that is, the enterprise can adjust the work place and post of employees according to the needs of production or operation, and the 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 of the labor contract, it needs to prove that the change of workplace is reasonable, and only a simple "production and operation needs" is not a reasonable reason. 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, it is precisely in line with the labor contract terms invalid situation. According to the provisions of Article 26 of the labor contract law, the labor contract that the employer exempts itself from its legal responsibility 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. 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 are some differences between the new post and the original post, as long as there are no major differences, workers should adapt to the new post through learning and training, and should not resist on the grounds that they are not competent. 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 workplace. Changes in job content and workplace are sensitive to both employers and employees and must be treated with caution.
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 jobs must be negotiated amicably between the two parties in terms of procedures, and the labor remuneration of workers should not be reduced under the same or optimized working conditions. However, in practice, in order to force the laborer to propose to terminate the labor contract, some employers unilaterally change the laborer's work location or work content, or change their jobs on the grounds that the so-called laborer is unqualified. Illegal behavior.
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. How to negotiate and agree on the "work place" in the labor contract, there are roughly three situations in practice: one is the precise agreement, such as a certain street in a certain district, a certain building and a certain room. The precise workplace agreement is in line with the legislative purpose of the Labor Contract Law on the necessary provisions of the workplace; the second is the general agreement, such as a city, a district, the whole country. The broad agreement is obviously an unclear agreement. In this case, it is generally believed that if the employee has worked at an actual work place after the labor contract is signed, the actual work place shall be regarded as the specific work place 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 post of employees according to the needs of production or operation, and the employees should obey:(2) unconditional obedience type, that is, the enterprise can adjust the work place and post of employees according to the needs of production or operation, and the 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 of the labor contract, it needs to prove that the change of workplace is reasonable, and only a simple "production and operation needs" is not a reasonable reason. 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, it is precisely in line with the labor contract terms invalid situation. According to the provisions of Article 26 of the labor contract law, the labor contract that the employer exempts itself from its legal responsibility 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. 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 are some differences between the new post and the original post, as long as there are no major differences, workers should adapt to the new post through learning and training, and should not resist on the grounds that they are 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.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
