Research On Legal Problems Of Employers Unilaterally Changing Employee Jobs

Recently,due to employers unilaterally change laborer jobs(referred to as transfer Kong)caused by labor disputes are common.Under the guidance of "Labor Contract Law",which emphasizes stable employment,the legal provisions of our country on job relocation are mainly based on the negotiation between employers and employees,which is too flexible and difficult to implement and can not meet the requirements of market economy and enterprise survival and development.Due to the difficulty of both employers and employees agreeing on the transfer of jobs,enterprises often make "consensuses" of job changes based on the needs of business management,adopting general employment policies,vaguely agreed tactics,or stipulating the transfer provisions in the rules and regulations.Strongly expand their own labor autonomy.However,job changes for the workers rights and obligations,career planning,daily life may have a significant impact,Lacking the willingness of employees and employers to transfer their positions has directly triggered the conflict between the employment autonomy of enterprises and the steady employment rights of laborers.It also triggered the theoretical disputes such as the change of jobs whether they were due to changes in labor contracts and the need for agreement.However,the rules of refereeing unilaterally transferred to employers in various places are not the same,which is not conducive to the unification of the state legal system.In view of this,this article studies the relevant legal issues that employers unilaterally change workers’ jobs,which is of strong academic value and practical significance.In addition to the introduction and conclusion,this article is divided into five parts to analyze and discuss:The first part is based on the data analysis of the relevant statistical bulletins and data reports,and by sorting and analyzing 581 cases of unilateral change of work positions in 2016 in Beijing,Shanghai,Jiangsu and Guangdong,Disputes in the case of the focus of disputes,observe the court’s trial and referee standards,put forward when enterprises unilaterally transferred to the typical problems of the ubiquitous.The second part focuses on the introduction of relevant theory of transfer post,discusses the meaning of unilateral post transfer,to determine the research direction of this article;analyzes the legal nature of transfer post,and makes a distinction between it and the change of labor contract;Relevant theoretical basis,looking for businesses to unilaterally transfer the right sources.In the third part,by introducing the relevant laws and rules of refereeing in Japan,Germany and Taiwan of our country,we compare them with our country,so as to draw the essence of its theoretical provisions.In the light of the judicial practice in our country,Labor legislation,th e establishment of a unified rule of arbitration and standard system to provide ideas.The fourth part mainly analyzes the reasons that cause unilateral transfer of enterprises legal problems,by combing the relevant legislation for our transfer of posts a nd the rules of referee,made the problem of repairer mainly due to the conflict between legal provisions and the actual operation of the judicial review of the transfer The different standards of post-judge and the conflict between the right of employing workers and the stability of employment of laborers.The fifth part is to provide ideas for setting the legal restriction of unilateral transfer of positions,from the perspectives of authority examination,substantive regulation and procedural regulation.Combined with the above mentioned theory of transfer of positions,the relevant provisions of contract law and the related examination Model put forward the corresponding point of view,to solve the judicial practical problems to find a solution to achieve the purpose of building a harmonious and stable labor relations.This study found that: Through the analysis of 581 cases,the legal issues arising from the unilateral transfer of employment by employers have been summarized,found that it mainly involves the contradiction between the general agreement and the specific agreement of the work content,the validity of the labor contract authorization agreement and the application of the rules and regulations of the authorization provisions,triggered a conflict between employment autonomy and stable employment rights.The key point to solve this conflict is the division of the right boundary of the employer’s command and control in the process of production and management,which in turn has created the need of subdividing the nature of the unilateral change of the enterprise.The relevant standards that need to be set up will belong to The unilateral transfer of workers in the area of employer autonomy should be stripped from the change of labor contract to clarify the relationship between the right to employment stabilization and the employer’s right to work in the labor union to protect the rights of employers and employees balance.At the current legislative and technical level,the criteria for dividing the refereeing rules have not yet been established uniformly,based on this,this article proposes: First,to carry out the privilege review of unilateral transfer posts,that is,according to the relevant legal principles and regulations,review the actual scope of general jobs or the effectiveness of the transfer terms,determine whether the company has unilateral transfer rights;Second,By introducing the principles of contract law,such as honesty and credit,comprehensive consideration is given to the legitimacy of enterprises’ transfer of jobs and the degree of non-interests received by workers,and the physical regulation of unilateral transfer of posts will be carried out.Finally,the procedures for unilateral transfer of posts by enterprises shall be reasonably regulated.Through these three aspects,we will improve the legal constraints on unilateral transfer of companies.