1. Job transfer depends on the specific situation. Generally speaking, unless there is a clear agreement in the labor contract or both parties reach an agreement on job transfer, workers' jobs cannot be adjusted at will. However, if the unit has to be transferred due to major changes in objective conditions, the company can negotiate with the workers to adjust the post, that is, change the terms of the labor contract. If negotiation with the laborer fails, the company has the right to terminate the labor contract. However, it is obliged to give a written notice 30 days in advance.
2. Legal basis:
Article 40 of the Labor Contract Law of People's Republic of China (PRC): Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary.
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
2. What are the compensation for post difference in the labor law?
If the employer and the employee transfer positions, but the transferred positions are unreasonable, the employee has the right to ask for some compensation when he resigns. However, if the post transfer scheme is reasonable, the employee can't get the relevant labor remuneration if he resigns voluntarily. If the post adjustment is reasonable, you can ask the labor arbitration commission to make a judgment.
Employees who do not accept transfer and resignation do not necessarily need to pay compensation, because the unit only needs to pay economic compensation if it violates the dismissal of employees. If the employer terminates or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; The laborer does not request to continue to perform the labor contract or the labor contract cannot be continued.
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