Research On Rationality Of Unilateral Transfer Behavior Of The Employer

Labor contract law is of great significance,but it limits the rights of employs.From the perspective of employs,it lead to employs to be lack of labor flexibility.Therefore,it is necessary to study the reasonableness of the unilateral transfer.The unilateral transfer of employers refers to the employers unilaterally adjust of the work content and work place of the workers.The transfer behavior of the employers is not exactly equivalent to the change of the labor contract.The difference between the transfer behavior and the change of the labor contract is that the transfer behavior does not lead to substantial changes in the content of the labor contract.If a transfer case is handled according to the relevant provisions of the labor contract change,the right of the employers to transfer the employer shall be restrained.There are five kinds of theories about the legal nature of transfer,the theory of management,the theory of general agreement,the theory of the labor contract(also called limited agreement),the theory of special contract(also known as specific agreement)and the theory of no right to unilateral transfer.The principle of prohibiting the abuse of power in Japan and the five principles in Taiwan will provide extraterritorial experience to the study of the transfer behavior of our country.To provide multiple perspectives and multi-level research dimensions,we can combine the perspective of law and justice in China to further deepen the understanding of the provisions of the transfer behavior and the logic.Through theanalysis of the law and the case of Shanghai,it is concluded that the rationality of China's transfer behavior has disadvantages.Main difficulties are that rationality recognized standard is not clear now,the conflict between operational autonomy of employers and the right to choose one's own employment of workers,the conflict between legitimacy review and rationality review and the conflict between all kinds of standards.This paper has the assumption about the reasonableness of our country's transfer behavior to improve the over-simplification and need of the judgment standard in the current judicial adjudication.First of all,we should follow the order of "legitimacy review-rationality review ".We cannot skip the legality review directly,but we can review it loosely.We can adopt the principle of good faith and practical performance principle.This standard should be set up from three aspects,which should include rational reason,rational result and rational procedure.Reasonable transfer reason part elaborates on the necessity of management,professional requirements and purpose of legitimacy standard,not insulting and abnormal punitive,no violation of other laws and regulations.The result is reasonable and specific to the predictability of the transfer,the relevance of the post,no adverse changes in the working conditions after the transfer and the reasonable assistance of the employer.The part of procedures are reasonable means the procedures are fair and open,the standards are determined to be legal,the active consultation is effectively informed,and the appropriate adjustment period is given after the transfer.The research on the reasonableness of the unilateral transfer behavior can alleviate the contradiction to maintain a good labor relations.We need to protect workers' rights and interests,and give employees maximum autonomy and flexibility.