Study On The Legal Application Of Changing Position Dispute

Adjustable duty behavior occurs during the duration of the labor contract as the unit of choose and employ persons to adjust the human resource configuration,and a basic means of production and operation way,to deal with the production and business operation and the needs of the enterprise management.In the context of the rapid growth of the whole labor dispute,the dispute between the post and the transferred post has been increasing.The labor contract law establishes that the employer should adjust the working position of the laborer in accordance with the principle of consensus,except that the two exceptions can be transferred unilaterally.Relevant laws and regulations in confirmed that unit of choose and employ persons,in some cases,the right to the laborers to the hillock,and unauthorized unit of choose and employ persons under the condition of reasonable labor right of unilateral adjustable duty,make the protection of the rights and interests of the laborer and unit of choose and employ persons is difficult to reconcile between autonomous management control.However,different from the law,the courts in all regions clearly recognize that the employer can unilaterally adjust the job based on their autonomy.To avoid the law applicable to the regional difference,legislature,or the supreme people's court should be revised through law or judicial interpretation in the form of softening exceptions to that rule change enclosed list for the open list,at the same time set the unit of choose and employ persons can unilaterally adjust duty must possess legal conditions,to prevent the abuse of unit of choose and employ persons labor autonomy.In addition,the softening treatment before the law,combined with the economic environment and the legislative purpose,to "labor contract law" article 40 of unit of choose and employ persons can unilaterally adjust duty regulations for expanding explanation,to fill the legal loopholes.In addition to the introduction and conclusion,this paper consists of four parts:The first part is the basic connotation and significance analysis of the job transfer,including the concept of changing the post,the influence on the employer and the laborer,and the type of the job transfer.As a kind of management method commonly used in the production and operation of the employing unit,it plays an important role in the daily management of employing units.Even the duty behavior is beneficial to operation and management of unit of choose and employ persons,to a certain extent,but also to the development of laborer itself,but the same,the duty behavior brings to the laborer salary cuts,lengthen working hours and increase the intensity of work also cannot ignore,but it is precisely because of these problems,the workers will switch duty behavior,resulting in a dispute.As a matter of fact,it is necessary and feasible to adjust the post,and it has the basis to be paid attention to.The second part is the existing problems in the relevant legal provisions of the transfer dispute,including the provisions of the relevant laws and regulations,and the deficiencies of this regulation.Related legal provisions on the adjustable duty mainly embodied in the "labor contract law,the law protecting laborers' rights and interests more autonomy and coordination unit of choose and employ persons labor shortage,the rules are too rigid and lack of flexibility,if strictly follow labor law,will be with the enterprise or runs counter to the autonomous management of unit of choose and employ persons in the law,will also affect the management and production activities.The third part is the problem of the local judicial guidance.With the emergence of a large number of labor disputes,the judicial referee agency is facing severe challenges,in order to better deal with continuous adjustment of the disputes,the local court by a judicial documents formed a relatively unified rules of the referee.Local judicial guidance has reduced the labor contract law on enterprise the problem of insufficient flexibility,adjustable duty law to a certain degree and the enterprise employee autonomy and tension between the protection of the rights and interests of labourers,but may also exist beyond the judicial authority,judicial organs damage unity,stability and authority of the legal application problems.The fourth part is the suggestion to perfect the legal rules of the dispute.In view of the "labor contract law and local judicial file exists shortcomings,under ripe shall be passed by the legislature or the supreme people's court of law revision or judicial interpretation in the form of a softening of the" labor contract law "article 40 exceptions to that rule change enclosed list for the open list,at the same time set the unit of choose and employ persons can unilaterally adjust duty must have the legal conditions,to prevent the abuse of unit of choose and employ persons labor autonomy.In addition,the softening treatment before the law,combined with the economic environment and the legislative purpose,to "labor contract law" article 40 of unit of choose and employ persons can unilaterally adjust duty regulations for expanding explanation,to fill the legal loopholes.