Research On The Reasonableness Of Employers Adjusting Jobs

China has always advocated the construction of a harmonious socialist society,building a harmonious labor relationship is the basis of building a harmonious society.However,in reality,labor relations are tense,which often leads to labor disputes.Among them,labor disputes caused by employers' adjustment of workers' posts are particularly significant.The adjustment of workers' posts by employing units can be divided into consensus adjustment and unilateral adjustment by employing units.The adjustment of jobs by consensus is the complete agreement of both sides,and there will be no disputes.In practice,it is the unreasonable unilateral adjustment of workers' posts by employing units that frequently causes labor disputes,that is,the object of this paper.Adjustment of jobs is the embodiment of employing units in exercising their own human rights.In reality,abuse of this right is not uncommon.However,China's labor legislation only involves some applicable situations for employers to adjust their posts,and lacks reasonable regulations for employers to adjust their posts.There is no unified legislative guidance.In judicial practice,there is confusion in the determination of the rationality of the adjustment of work posts by the local judicial organs,and judgments vary.Does the employer need reasonable restriction to adjust the position?What are the rationality basis and criteria for judging whether the employer adjusts its position?These questions are worth thinking about.At present,there are few literatures on the rationality of employer's job adjustment,lack of system,different practices in practice,and difficult to study.Following the traditional thinking paradigm of "putting forward problems-analyzing problems-solving problems",this paper will discuss the relevant issues of rationality determination of employing units' adjustment of jobs in two parts: introduction and text.In the preface,the research background,research value,research status and research methods of employer's rationality of job adjustment are explained separately,which lays a solid foundation for the discussion of the text.In the main part,this paper makes a thorough analysis of the theory,current situation and problems of the rationality of employer's adjustment of jobs in four parts,and puts forward some suggestions for improvement,as follows:The first part is the question.This part leads to the rational identification of theadjustment of the employer's position from the shortcomings of the labor legislation and the predicament in the judicial practice,and then carries on the discussion.The third part is about the current situation and problems of the rationality determination of the employer's adjustment of work posts.This part begins with the national and local regulations,analyses the current situation of the regulations on the rationality determination of the adjustment of jobs by employers in China,and points out the problems existing in the current regulations,including the lack of legislation,the inconsistency of regulations and the lack of clear rationality determination standards.Secondly,it counts 100 representative cases,empirically analyses the current situation of judicial judgments in adjusting the rationality of work posts in China,and points out the corresponding problems,including the inconsistency of judgment standards,confusion of judgment results and so on.The fourth part is the suggestions to improve the rationality of employing units' adjustment of jobs.In this part,aiming at the problem of rationality determination of the adjustment of job posts by employing units in China,specific suggestions for improvement are put forward.Firstly,the legislation clarifies the rationality of employer's job adjustment and establishes a reasonable review procedure.Secondly,the review principles and specific reference standards of rationality determination of adjusting jobs are put forward.Thirdly,the judicial organs should be given the right to examine the rationality of the adjustment of their posts and establish a correct frame of thinking.Through the confirmation of the rationality of the adjustment of work posts,both sides of the labor force and the management can realize the harmony of the labor force and the management.