Legal analysis: Whether the post transfer is a disguised dismissal depends on the specific situation. Job transfer must meet the following conditions at the same time, so it is not a disguised dismissal: 1. Post adjustment must be necessary for the development of the company's production and operation, must conform to the company's development, and must be approved by employees; 2. Post transfer shall not be a punishment and insult to employees; 3. The transferred post must be related to the original post, and the treatment must be equal to or higher than the original treatment; 4. Post adjustment must conform to the actual situation of employees. The higher the job matching, the better. Do not arbitrarily arrange inappropriate employees. 5. If the employee is not qualified for the current position, the employer must provide evidence and then arrange a suitable position; Otherwise, the possibility of dismissal in disguise is not ruled out.
Legal basis: Under any of the following circumstances in Article 26 of the Labor Law of People's Republic of China (PRC), the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance: (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 medical treatment 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 the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation.