The Legal Regulation Of Enterprise’s Right Of Transfer

An employer may sometimes transfer the wording place,working position,or even the working of an employee base on his needs production and management.As for these translation,has the employer obtain the consent of his employee? Must an employee under affiliation accepts all the changes and requirements from his employer? How to determine the limit of employer’s right of transferring?These issues are rather complicated and extremely important,which relate to the balance of the employer’s right of management and the benefits of the employee. The content and structure of this study is as follows:The first part, This study firstly defines employer’s right of transferring,and then discuss the theoretical and legal basis of the employer’s right of transferring, which establish the foundation of study.The second part describes the restrains on employer’s right of transferring. theoretically and practically.The social law intervention the theory,Dismissal protection theory,Corporate social responsibility theory,and the Convention concerning Forced or Compulsory Labour provide theoretical support for the restrain of employer’s right of transferring.Simultaneously,since to the lack of legislation, substantive review for the transferring consensual and restrain on the malicious reassignment,as well as the trade union can not function well enough,it is necessary to put limitation on transfer orders.The third part introduce four rules of regulatory.That is,the intervention of state public authorities,the autonomy of the employer and employee,Civil society’s constraints on corporate social responsibility,and the manage improvement by the employer.The last part, on the building of concrete content of limitation on the transferring orders, the writer, in the way of debating three important factors of the law-the subject,the object and the content, built up a integrated system of law,which includes subject of rights,the content of reassignment, suitable candidates for transferring,,substantial review,the Criteria of the abusive of transferring order and its Relief Measures.