Can Enterprises Mobilize Staff Positions At Will?

In March 2010, Hu entered a chemical company as an intermediate quality inspector, with a post salary of 6000 yuan.

In May 2014, the board of directors of the company decided to cancel the post of intermediate quality inspector, and arrange all the staff to compete for senior quality inspectors.

Because Hu did not meet the assessment requirements, he arranged to be a quality inspector, and the post salary was 4000 yuan.

After learning the result, Hu did not report to the new position. He still works normally everyday and takes a seat in the original position.

After two written warnings failed, the company terminates the labor contract with Hu on June 2014 on the grounds of serious violation of discipline.

Hu believes that the job of quality inspector is the same as that of the original post. The company has no right to adjust its posts without authorization.

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It has the right to continue to engage in the original post, the company's dissolution of the labor contract is illegal, so labor arbitration.

Hu believes that the employment contract signed with the company is intermediate quality inspector, and the post salary is 6000 yuan.

The company has adjusted its post to quality inspector without changing the labor contract with consensus, and the post salary has been reduced to 4000 yuan, which is an illegal change of labor contract.

It does not recognize the result of the change, and still goes to the original post every day. It is not a violation of discipline. The company has no right to terminate its labor contract.

The company believes that the company has the right to adjust its work and remuneration when the business situation changes.

This is the embodiment of business autonomy.

Hu disobeys the company.

It is decided that after repeated education, it is still a serious violation of discipline.

It is not improper for the company to terminate its labor contract.

After hearing the trial, the Arbitration Commission concluded that the labor contracts signed by both parties should be fully implemented.

According to the labor contract law, it is necessary for both parties to agree to change the labor contract after written agreement.

In this case, the company has no evidence to prove the necessity of revoking intermediate quality inspectors.

The quality inspector's work content is basically the same as that of the intermediate quality inspector.

Therefore, Hu does not accept the company's unilateral adjustment of posts, and the behavior of disobeying the work arrangement is not a violation of discipline.

The company relieves its labor contract by breaking the labor contract.

The focus of the case is whether enterprises have the right to adjust jobs and whether they have the right to punish employees who refuse to accept the arrangement.

As for the adjustment of posts, enterprises consider it to be the right to operate independently, which is indispensable to normal operation. Employees consider it a change of labor contract and must be agreed by both sides.

It is considered that the provisions of the summary of the Symposium on labor dispute cases formulated by the Guangdong Provincial Higher People's court and the provincial labor Commission in 2012 are of great reference value. Employers should adjust their work posts, and at the same time, they should be deemed to be legitimate employers to use their own work autonomy. Workers who request their employers to pay their economic compensation on the grounds of unauthorized adjustment of their jobs by the employers shall not support: (1) adjusting the work posts of workers is the need for the production and operation of the employing units; (two) the wage level of the workers after adjustment is basically the same as that of the original posts; (three) there is no insulting and punitive nature; (four) there is no other violation of the laws and regulations. We believe that the adjustment of Posts due to production and operation needs to be based on the principle of "full and reasonable". Otherwise, we will inevitably dispute.

Post is the same as labor reward.

"The essential provisions of the labor contract".

In judicial practice, enterprises often agree with employees in terms of labor contracts that "enterprises have the right to adjust their positions according to the actual situation".

Based on production, operation and management, enterprises should adjust their posts to be the management and independent rights of enterprises.

However, such rights are in conflict with the thirty-fifth articles of the labor contract law, and the thirty-fifth rule is: "employers and workers can change the content stipulated in the labor contract by consensus.

Change of labor contract shall be in written form. "

Therefore, when the labor contract has been agreed in advance, we should clear the circumstances in which circumstances can be mobilized.

If the agreement is unknown, the enterprise shall bear the main responsibility of proving the rationality and sufficiency.

If the reasons for adjusting posts can not meet the full and reasonable requirements, the enterprise will bear the ultimate liability for breach of contract.

The adjustment of posts in enterprises mainly includes the coordinated adjustment of Posts and the adjustment of posts in legal terms (including medical treatment, no work or major changes in the objective situation) and the unilateral adjustment of posts by enterprises.

In the process of operation, enterprises should often pay attention to the following aspects: first, there is a clear basis in the labor contract and rules and regulations for the adjustment of posts in enterprises; second, whether the reasons for adjusting posts are adequate and reasonable; third, the decision of adjusting posts should be informed in writing, and the evidence for adjusting posts must be retained.

For employees who are unwilling to cooperate, enterprises should make careful decisions to avoid controversy.

It is suggested that legislation can give enterprises the legitimacy of unilaterally adjusting posts in the presence of reasonable justification for posts, and enhance the autonomy and flexibility of employment.

Of course, laws should be banned for the sake of infringement of the legitimate interests of employees.

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