On Legal Regulation Of Employing Units To Adjust Posts

With the development of market economy,the labor market is developing vigorously.As the development needs of enterprises,the problem of transfer of Posts arises.Based on the complexity of the reality of transfer of posts,the regulation of transfer of posts by the current legal norms can not solve the problem of balance of interests between laborers and enterprises in fact,and has caused some problems in practice.In order to avoid some employers taking advantage of the legal gaps to make unreasonable and illegal job transfers to laborers,and to damage the interests of laborers,the behavior of job transfers needs to be standardized urgently.Based on the current situation of labor legislation and judicial cases,drawing on the domestic and foreign legal theory and practice,this paper summarizes the relevant legal recommendations on the transfer of posts.Besides preface and epilogue,the text is divided into three chapters.The first chapter Overview of post adjustment behavior.Firstly,this paper defines the transfer of posts as "the right of enterprises to adjust the content or place of work of laborers based on the right of employment autonomy";classifies the transfer of posts according to the content and reasons of the transfer of posts;secondly,it analyzes the transfer of posts from two aspects,which are conducive to guaranteeing the right of employment autonomy of enterprises and safeguarding the legitimate rights and interests of laborers At last,the paper expounds the present situation of the legal regulation of the transfer of posts in our country,and there are only a few national articles and judicial interpretations issued by various places.The second chapter An empirical analysis of Judicial Cases Concerning Disputes over posts and posts.This paper selects 45 typical cases of mediation from the channels of Chinese judicial documents and scholars' writings.On the basis of this,it sums up the types of disputes and the results of referees in judicial practice,and sums up the criteria for determining the justification of post adjustment in practice.There are three prominent problems:the law as the basis,the different legal basis for execution,the different standards of judgment for execution,and the judicial adjudication avoiding disputes over post transfer.The third chapter suggests that the transfer of posts should establish two basic principles:protecting the autonomy of enterprise employment and rationality of transfer of posts,and constructively summarizes that the transfer of posts should be based on seven specific criteria to determine the legitimacy of transfer of posts.Through this article,I hope it can help enterprises regulate their posts and protect their legitimate rights and interests.