Regulations On The Unilateral Employment Transfer Of Employers

The divergence of understanding between employers and employees on whether employers have the right to unilaterally transfer posts has led to a large number of disputes in practice.Legislatively,China’s labor law tends to strictly restrict the employer’s behavior of unilateral transfer of posts,but in practice,many people think that the need of production and operation of the employer should be taken into account,recognizing that the employer has certain right of unilateral transfer of posts within a reasonable range.The difference between legislative norms and judicial practice leads to different judgments on the effectiveness of unilateral transfer of posts by employers in practice.Therefore,it is very necessary to explore the source of rights,legal nature,boundaries and path choice of unilateral transfer of posts by employers.Throughout the relevant provisions on the regulation of unilateral transfer of posts in our country,the specific problems existing in the legal regulation of unilateral transfer of posts by employing units are as follows: lack of specific and detailed provisions in legislation on the regulation of unilateral transfer of posts by employing units;lack of legal regulation on the procedure of unilateral transfer of posts;inconsistency of the court’s examination criteria for the rationality of unilateral transfer of posts by employing units in judicial decisions,and different cases in the same case.The phenomenon of judgment is rather serious.With regard to the perfection of the legal regulation of unilateral transfer of posts by employing units in China,in view of the inconsistency of judicial decisions and the lack of specific norms in practice,this paper proposes to increase the provisions of the law on unilateral transfer of posts by employing units,to unify the criteria for judging the rationality of unilateral transfer of posts by employing units,to improve the legal regulation of unilateral transfer of posts by employing units,to clarify the legal procedure of unilateral transfer of posts by The basic rights and interests of workers can be guaranteed in the procedural sense by informing workers in advance,safeguarding workers’ right of dissent,listening to employees’ opinions,and actively playing a role of trade unions.