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Study On The Labor Disputes Caused By The Transfer Of Posts In Enterprises

Posted on:2021-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:R Z AnFull Text:PDF
GTID:2416330629982463Subject:Law
Abstract/Summary:PDF Full Text Request
In the process of job transfer,some enterprises usually think that they have the right of job transfer,but ignore the status of equal dialogue with workers.Therefore,in the change of labor contract,they violate the principle of consensus with workers and cause labor disputes.No matter from the economic cost,or from the litigation cost,it is not good for both enterprises and workers.In judicial practice,the disputes caused by job transfer not only violate the relevant provisions of labor contract change,but also lead to the illegal termination of labor contract and other issues.Although the labor contract law has been revised,the problems in the change and cancellation of labor contract have not been solved.With regard to the issue of post transfer in various regions of the country and the guidance of the corresponding judgment opinions put forward by the higher courts of each province,the dispute settlement of post transfer can not form a unified solution,and the problem of dispute settlement of post transfer is in a dilemma.The purpose of job transfer is to balance the rights and obligations of enterprises and workers.It is not only necessary to put forward strategies from external factors,but also to find essential problems from internal.Therefore,it is difficult to solve the dispute.Starting with typical labor dispute cases,this paper analyzes the characteristics of such labor dispute cases step by step,compares the cases of economic points,analyzes their common features,and puts forward relevant solutions to the transfer dispute from the inside out.Through theoretical research and judicial practice,this paper hopes to make some contribution to the prevention of post transfer disputes and the protection of workers' rights and interests.In addition to the introduction and conclusion,this paper is divided into four parts for analysis and discussion:The first part mainly introduces the case of M company's post transfer dispute in B city,and deeply analyzes the legal issues in the case of M company's post transfer dispute.This paragraph analyzes from the perspective of trial framework and thinking.This paper gives the concept and legal nature of the post transfer,and analyzes the two major problems in this case:violation of the principle of consensus and illegal termination of the labor contract.The second part compares the dispute of job transfer in M company of B city with some classic cases in four high-risk areas,analyzes the common problems,points out the relationshipbetween the job transfer and the change and cancellation of labor contract,and puts forward common problems in the dispute of job transfer,mainly in the recognition of "production and operation needs",the recognition of incompetent position,the negative absenteeism of workers after the job transfer,and the job transfer of enterprises There are six aspects in the procedure,such as loopholes,abuse of the right of post transfer and dismissal of post transfer.And analyze the internal causes and problems.The third part focuses on "balancing the rights and obligations between workers and enterprises,striving to create a harmonious labor relationship",and puts forward relevant solutions from the perspective of improving the enterprise's post transfer autonomy and protecting workers' rights and interests.This paper focuses on the labor disputes brought about by the enterprise's job transfer,and puts forward some substantive solutions from management to legal regulation,and puts forward relatively reasonable unified judgment standards for different judgment standards.
Keywords/Search Tags:Job transfer, Change of labor contract, Labor dispute, Enterprise autonomy
PDF Full Text Request
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