Unit Rules And Regulations "Out Of Control" Is Hard To Get Legal Support.

As the saying goes, "no rules, no Cheng Fangyuan", every unit has its own rules and regulations.

The restraint of system is the guarantee of efficiency, but this restriction should be controlled within the scope of law.

The rules and regulations of the units must comply with the relevant provisions of laws and regulations. Otherwise, some "runaway" systems may not receive legal support because of the lack of law, and ultimately fail to achieve the corresponding management effect.

Zhang page is deputy manager of Sales Department of a large company in Beijing.

During work, the unit is opened up.

He decided to set up a company in Nanning.

The company sent a page to the page and promoted the position of the page to the manager by the deputy manager of the sales department.

After receiving the notice of the unit, Zhang page believed that when he signed a labor contract with his unit, the work place was set up in the Beijing area, so he set up a career in Beijing.

At present, Zhang says he is not competent to adjust the working place to Nanning.

On the other hand, the unit believes that in its statute, the unit has stipulated: "the unit has the right to adjust the work place, working place and working conditions of the workers according to the needs of production and operation."

We should obey unconditionally. "

Because Zhang page does not recognize this adjustment, the unit stops the salary to Zhang page.

Zhang page refused to accept the case and complained to the court.

[judge interpretation] in many of the units' internal regulations, there are similar claims that "the unit has the right to adjust workers' jobs, working places and working conditions according to the needs of production and operation, and that workers should obey unconditionally".

The employing unit accordingly changes the relevant matters of the labor contract unilaterally.

According to this view, according to

"Article thirty-five stipulates that employers and workers can change their labor contracts through consultation.

Therefore, in judicial practice, the principle of "effective labourers" will be basically adopted.

That is, if the change of the labor contract is beneficial to the workers, such as promotion and salary increase, the unit can be carried out unilaterally, but it is not conducive to or may not be conducive to the job change of the laborers.

Even if some of the changes seem to be conducive to labourers, for instance, Zhang page in this case is pferred from deputy to office, but this change is at the expense of workers' loss of other rights, such as family, job opportunities and development prospects.

Therefore, such changes should still be negotiated between the two sides, and the units will bear the additional costs of relocation, residence, pportation and so on.

Otherwise, the worker has the right to refuse to accept it.