Research On The Limits Between The Right To Transfer Posts And The Right To Change Labor Contract

Among the numerous disputes over posts transfer,one of the most prominent problems are the limits between the right to transfer posts and the right to change the labor contract.Employers and employees often have disputes because they do not understand the limits of the two rights.Because of the imperfection of relevant laws and regulations,judges have different opinions on relevant issues,often resulting in the phenomenon of different judgments in the same case.The adjustment of posts and places of work by employing units is an inevitable requirement for their normal production and operation activities.But at the same time,it provides convenient conditions for punishing employees and disguised dismissal of employees.As we all know,the current labor law only stipulates that the employer can exercise the right to transfer posts if the laborers are not competent for work,or if the medical treatment for illness or non-work-related injury fails to perform the original work after the expiration of the medical treatment period.In addition,there are no other provisions.However,the provisions of the law on the alteration of the labor contract are rather rough,which leads to many employers and employees not knowing what kind of rights should be exercised in practice.What are the differences between the right to transfer posts and the right to change the labor contract,what are the exercise conditions of these two rights,and whether the employers can transfer the post of employees according to the broad terms agreed upon,are the doubts arising from this.This article mainly consists of three parts,focusing on the demarcation line between the right to transfer posts and the right to change labor contracts.Firstly,the article introduces the cases with high similarity in three different areas,and leads to three focus issues of the article.Secondly,the article focuses on the differences between the right to transfer posts and the right to change labor contracts.The article believes that there are many differences between the right to transfer posts and the right to change the labor contract.The nature and subject of the rights,the content of the rights and the exercise conditions of the rights are different.The right to transfer posts is a legal right,the subject of right is the employer;the right to change the labor contract is the agreed right,and the subjects of right are the employer and the laborer.The main content of the right to transfer posts is to adjust the working places and positions.The right to change a labor contract covers almost all the contents of the labor contract,including the subject of contract,the place of work,the position of work,wages,working hours and the duration of the contract.The statutory exercise conditions of the right to transfer posts are that the employees are not competent for work,that the employees are ill or not injured at work,that they can not engage in the original work after the expiration of the medical treatment period and that the work arranged by employer separately.If the situation isn’t statutory,the need for operation and management of the employing unit should be considered.At the same time,we should pay attention to the exercise condition of the right to transfer posts which can not have punitive and improper purposes.The conditions for exercising the right to change a labor contract are agreed upon by both parties through consultation,and may not violate legal provisions,and shall be changed in writing.In case 1 and 3,the employer and the laborer agree on the place of work as "the whole country" when they conclude the labor contract;in case 2,the employer and the laborer agree to adjust the position of the laborer according to the needs of operation and management.The article studies the validity of the above-mentioned agreements and holds that if the employer fails to comply with its notice obligation that such agreements are not valid because of their irrationality.Finally,in view of the disputes in practice,the author puts forward legislative suggestions and judicial practice suggestions.The author hopes that through the study of this topic,it can promote the hearing and arbitration of related disputes.It is believed that through the continuous improvement of relevant legislation,the legitimate rights and interests of employers and employees can be safeguarded,and the dignity of the rule of law and the agreement of labor contracts can be maintained.