A Research On Legal Regulationof Post Adjustment By Employers

Labor contract is a continuing contract, the performance of the labor contract status is always in a state of change, the enterprise for their own management needs, the employer for the workers they employ job transfer, salary adjustment, the specific workplace changes And so on. Article 17 of the Labor Contract Law of the People’s Republic of China stipulates that the content of work and the remuneration of work shall be the necessary provisions of the labor contract and the change shall be regarded as a change of the contents of the labor contract. Therefore, the transfer of land on the one hand is the exercise of the autonomy of the employer, on the other hand is the employer and the labor contract to fulfill the contents of the change.China’s "Labor Contract Law" only in the provisions of Article 40 of the employer can change the job of workers in three cases: (1) workers sick or not due to work injury,after the provisions of the medical period can not engage in the original (2) the workers can not do the job, the employer has to adjust their jobs; (3) the labor contract is based on the objective situation of a major change, resulting in the labor contract can not be fulfilled, the labor contract can not be done, Employers have to negotiate with the workers to adjust the salary. In addition, the employer in which circumstances can exercise the right to transfer the right does not clearly stipulate that the judicial organs around the unilateral behavior of the employer caused by the controversial referee method is inconsistent. Nowadays, the controversy between the employers and employees caused by the reconciliation is endless. The legal stipulation that the employer can adjust the work of the laborers can not reconcile the conflict between the employer’s autonomy and the worker’s professional stability. Some problems.Therefore, this article on how to regulate the employer’s behavior to discuss the transfer of behavior in order to find a solution to the problem.This paper consists of four parts. First, it briefly introduces the relevant theories of the unilateral tuned behavior of the employing unit, including the concept of the unilateral tone of the employer, the source of the power, the type and the necessity of accepting the legal regulation. The second part introduces some foreign countries , The region for the regulation and evaluation of the problem, in order to learn from the useful experience; the third part of the employer’s unilateral behavior of the regulation of the status quo and the existing problems; Finally, the proposed employer for unilateral behavior Three-point regulatory recommendations, I hope the employer’s unilateral tone of the status quo play a useful role.