A Study On The Legal Problems Of Changing Employment Of Employers

With the continuous development of the economy and the continuous improvement of the society,employers often change the work positions or workplaces of their employees in order to meet the needs of their own production and operation.Some job transfer behaviors are to mobilize laborers to better positions,so that workers have a broader platform to display their talents;some transfer actions will more or less give certain benefits to the transferred workers.Some employers have even used the transfer of jobs to "drive away" workers who are hostile or discriminating against them.This has led to controversies over the transfer of posts.After all,what is the basis for employers to implement the transfer of posts,whether they all require the consent of the workers,how to judge whether the employers abuse the transfer of posts,and how to regulate this abuse is all the issues that need to be discussed in this article.This article is divided into three parts for the discussion of the regulation of employers' job transfer:The first part of the article is an analysis of the basic theoretical issues concerning the behavior of employers in transferring jobs,including the connotation,type,and legal nature of employers' transfer of posts.Through the analysis of the existing doctrines of the legal nature of the transfer of employment by employers in places such as Japan and Taiwan,the legal nature of the behavior of employers in transferring jobs is determined.The second part first examined the legal provisions in China regarding the transfer of employers.Through the examination of the status quo of the legal provisions,we pointed out the problems existing in China's relevant laws in regulating the behavior of employers in transferring posts.First of all,the current legal provisions lack the main bodies,objects,behaviors,and regulations for the review of employers' behavior of transferring posts.Second,there is a lack of specific criteria for judging whether employers misuse behavior transfer.Finally,there is still a lack of relief for workers when they abuse the right to transfer their jobs.The third part proposes solutions and suggestions for the three issues raised in the second part.As for the criteria for judging the misuse of posts by employers,this article will refer to the "Five Principles of Changing Posts" in Taiwan and the principle of prohibiting the abuse of power.Aiming at the misuse of the right of transfer by the employing unit,it proposes specific regulations and remedial measures when the benefits of the employee are changed due to transfer of posts.