Empirical Study On The Legitimacy Judgment Of Employers' Transformation

In reality,employers often transfer their employees` working positions.On the one hand,the transformation of working positions is the deployment of the labour,which can help achieve the best use of the labour,and increase productivity.On the other hand,the transformation of working positions brings about the changes of employees` workplace,wage level,work nature,working intensity,job level and so on,break the stability of employees`job and life,sometimes can even become the useful tool to force employees to resign.Standing on the social law`s position to protect employees at disadvantage,it is very necessary to clarify the boundary of legality of the transformation of working positions.So,at present,what are the problems of the legitimacy judgment of the transformation of working positions?And how to design the improvement methods of the legitimacy judgment?These are the key points of this article.The structure and content of this article are arranged as follows:The introduction discusses the research objectives,research significance,the present research situation,practical value,research methods and innovation points.The first part studies the necessity of the the legitimacy judgment of the transformation.On the one hand,it is the necessary requirement for coordination of employers and employees` rights conflicts.On the other hand,employees are under the weak position,and the labor organizations` power is very limited,which means they can not achieve equal consultation with employers.Therefore,it is necessary to clarify the the boundary of legality of the transformation to achieve the real justice.The second part studies the existing problems of the the legitimacy judgment of the transformation of working positions.By analyzing 190 cases collected,this part summarizes the problems of the legitimacy judgment:reviewing the transformation basis in a too loose way,the chaos of the judgement of the transformation rationality,and the grasp of the transformation procedure which is not strict enough.The third part seeks the reason of the existing problems of the the legitimacy judgment.Firstly,the legal provisions on the transformation in China are not comprehensive enough,there is a lack of provisions on the source of the transformation right,and a lack of provisions on the transformation procedure.Secondly,there are also some shortcomings in the judicial adjudication concept regarding the transformation.The judicial concept about the transformation basis is not clear yet,besides,there is no unified method for judging the rationality of transformation.The forth part comes up with solutions to the legitimacy judgment of transformation.In terms of legislation,the defects of existing legal norms should be made up by limiting the basis of transformation and adding regulations on transformation procedures.In the aspect of judicature,first of all,we should establish the judicial concept and guide judicature with the theory of labor contract and specific agreement;At the same time,in the review of the basis for the transformation,it is necessary to change the previous form of review and strengthen the substantive review of transformation;In addition,we can learn from the doctrines and practical operations in Japan and Taiwan District,and establish a set of judgment frameworks on the rationality of the transformation,so that we can standardize the way of judging the rationality of transformation better.