Adjusting Posts Is Legal And Reasonable, And Employees Still Refuse To Do So.

Recently, Xiao Yang, director of human resources management at the company, told reporters that Li, a R & D Engineer of his company, was delayed due to his reasons because of his lack of R & D capability.

In July this year, the Ministry of R & D conducted an assessment of half year's work, and Li's assessment results were still unqualified.

In accordance with the provisions of the company's assessment, Lee because of 3 consecutive six months of assessment failed, is incompetent.

Xiao Yang said that in response to Li's situation, the company's human resources department issued a "post adjustment notice" to him according to the procedures, and adjusted his post to the post technical support post.

However, Li refused to work in the after sales technical department and did not report to the new position within the time stipulated by the company's human resources department.

After many times urged by the company's human resources department, Li did not work well.

But, on the grounds of continuous absenteeism, the company relieved Li's labor contract in accordance with company rules and regulations.

Lee believes that the company's illegal adjustment of posts is not prior to absenteeism. It is illegal for the company to unilaterally terminate the labor contract.

Xiao Yang wants to know if it is illegal for the company to do so. What should we do if we encounter such a situation?

In response to Xiao Yang's reflection, Zhang Lide, a lawyer from Hongjia law firm interviewed by reporters in Beijing, believes that the company's practice is in line with the law and can relieve Li's labor contract.

According to the law, enterprises need to agree with employees on adjusting their positions.

However, under statutory circumstances, enterprises can adjust their staff positions unilaterally.

For example, the fortieth clause of the labor contract law stipulates that employees are not competent for their jobs, and after training or adjustment of jobs, they are still not competent for the work. The enterprise can terminate the labor contract in writing 30 days ahead of time.

Although the regulation is about the stipulation of unilaterally relieving labor contracts by enterprises, it is also authorized by law to adjust the positions of employees unilaterally under the statutory circumstances.

Based on the above reasons, if enterprises can fully communicate with employees and obtain employee approval before implementing the unilateral adjustment, there will not be any disputes.

However, in this case, Lee's inability to do his job is actually a negative evaluation of his personal working ability and work effectiveness.

In addition, enterprises based on this premise to adjust the post of Li, the new post of post adjustment is not in line with Lee's expectations. Therefore, after receiving the notice of post adjustment, Lee took a boycott like job.

Zhang said there are four main categories of employees' boycott or countermeasures.

The first category is Li's situation, and the reason why companies do not go to work is that they are illegal in their jobs, and they do not provide labor conditions.

The second category is to continue to work in the original post instead of working in the new post, on the grounds that it is illegal and unreasonable for enterprises to adjust posts.

The third category is to work in new posts, but do not perform their duties or fail to fulfill their duties.

The fourth is to work in the company, but not to the original job is not a new job, but "non violence does not cooperate", such behavior often accompanied by the office of the boss or the human resources department, sit around, and disturb the work of others.

In Enterprises

On the premise of legitimate and reasonable, in view of the above circumstances, Zhang believes that enterprises can be treated differently according to specific circumstances.

First of all, can it be handled on the grounds of "absenteeism" until the termination of the labor contract? The so-called absenteeism, generally refers to employees who have neither taken leave nor justified reasons, but do not work at the company.

Absenteeism is a serious violation of discipline. The thirty-ninth clause of the labor contract law clearly stipulates that employees may seriously violate the rules and regulations of the employing units, and enterprises can terminate the labor contract.

Therefore, it is not improper for the employees to deal with absenteeism according to the employees of the above mentioned situations.

But in the other three cases, there is no factual basis for enterprises to deal with absenteeism.

Secondly, the rules and regulations of most enterprises clearly stipulate that if employees do not obey the work arrangements of enterprises, they will terminate the labor contracts according to serious violation of rules and regulations.

Therefore, in view of the above second categories of employees, third categories of employees who do not perform their duties, and fourth categories of employees who are not violent and uncooperative, they can be disobedient according to the regulations of the system.

Arrangements should be taken to deal with them.

Third, for employees who fail to perform their duties effectively, in other words, they should adopt "soft confrontation" in their new jobs, such as not working hard, and completing tasks that can be completed on the same day in a few days.

For such employees, it is necessary for enterprises to strengthen their assessment. If they are re evaluated, they will still be unable to work. Enterprises can directly terminate the labor contract or cancel the labor contract by consultation.

Of course, this situation should be paid to employees in accordance with the provisions of the economic compensation for the termination of labor contracts.

Fourth, for the fourth categories of employees who go around the job and disturb others, they should also take the explicit stipulate of the enterprise rules and regulations as the precondition.

For example, on the grounds of disobeying the work arrangements of enterprises

Or dissolve the labor contract on the grounds of disrupting the order of enterprise management.

In short, if the company's posts are reasonable and legal, employees do not comply with the post adjustment and take corresponding countermeasures or boycott measures, the enterprises should take specific measures to deal with the problems.

Of course, if the company's posts are illegitimate or unreasonable, employees can take corresponding countermeasures or boycott measures, so the enterprises can not handle them according to the above opinions.