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Research On Legal Issues Of Employer's Behavior Of Adjusting Posts

Posted on:2020-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q XiaFull Text:PDF
GTID:2427330578482499Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the management practice of the employer,the employer often implements the transfer of the post without the consensus of the laborer,which leads to the dispute between the labor and management.In view of the adjustment of the employer's behavior,China's current law does not have systematic and comprehensive provisions,which leads to differences in the judicial authorities in resolving related disputes.Through the summary and type analysis of judicial cases,it leads to the question of whether the employer has the right to transfer posts,how to transfer the posts and the legal relief of the employer's transfer behavior,as follows:The basis and behavior type of employer's behavior adjustment.The employer has a theoretical basis and a realistic basis for the transfer of posts without consensus.The employer's transfer of posts does not necessarily meet the requirements of consensus,and there is room for adjustment of posts if there is no consensus.The employer may adjust the post according to the labor contract or the labor regulations.Under the condition that there is neither the labor contract nor the labor regulations,the employer may also adjust the post to the laborer within the legal and reasonable scope.The boundary of the behavior of the employer.The employer's job adjustment should be legal and reasonable.For other types of adjustments,such as unanimous adjustment of posts and unilateral transfer of stipulations,all aspects of the transfer should be carried out,and the adjustment of the employer's posts should be strictly restricted.Due to the complexity of the practice of transfer,the specific case analysis should be combined with the flexible definition principle to conduct a comprehensive investigation of the reasonable boundary judgment criteria.Legal remedies for employer adjustments.The legal remedy of the employer's transfer of posts is an important part of the legal system for transfer of posts.If the laborer refuses to accept the proper transfer of the employer in the form of absenteeism,the employer may terminate the labor contract according to the rules and regulations,and does not need to pay economic compensation to the laborer.In the case of improper transfer of the employer,the worker may refuse to accept the transfer in the form of absenteeism.If the employer terminates the labor contract on the grounds of laborer's absenteeism,it is illegal to cancel the labor,and the worker can choose whether to continue to perform the labor contract,that is,to resume the original job.If the laborer does not require continued performance,the employer shall compensate the laborer by means of compensation.
Keywords/Search Tags:transfer, labor contract, labor contract change, labor contract law, labor law
PDF Full Text Request
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