The company has adjusted my position for no reason, what should I do? Is it legal for companies to d

It is not legal to change the position or reduce the salary without the consent of the worker.

The reason is that the employment relationship is a contractual relationship, and the job position and salary are important terms in the labor contract, which cannot be unilaterally changed without the consent of both parties.

The so-called "post adjustment" refers to the adjustment of the enterprise to the appropriate position within a reasonable range, which needs to take into account the professional nature of the worker, the work competency, the acceptance of the worker and other factors, and cannot be arbitrarily adjusted; On the other hand, it is also necessary to take into account the reasonableness of the wages and benefits after the adjustment of the post, that is, the wages and benefits should be adjusted to the same position, so that the income of the workers should not be significantly reduced, or even affect the normal life of the workers.

If an employee raises an objection to the adjustment of the post or the reduction of wages by the enterprise, and believes that the adjustment of the position or the reduction of wages by the enterprise is unreasonable, the enterprise shall prove that it is fully reasonable. Otherwise, job adjustments or lowering wages should not be supported.

If the adjustment of positions or the reduction of wages and benefits are within a reasonable range, it should be supported. This not only ensures the autonomy of the enterprise, but also protects the legitimate rights of the workers. The reasonableness of the arbitrator or judge shall be determined at the discretion of the arbitrator or judge according to the cognitive standards of ordinary people and their own values, so as to achieve the purpose of balancing the interests of both labor and management and alleviating the conflict.

If the company directly transfers and reduces wages without going through the employees, the workers may wish to take up the law to defend their rights.

1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle;

2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment nature, the salary is not reduced, and there is a correlation between the position agreed in the labor contract, the transfer is valid; You as a laborer should abide by it. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. You can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of work, that is, 2N;

3. If the employee is not competent for the job, the employer also has the right to adjust the position. Of course, the employer also needs to provide evidence if it claims that the employee is incompetent for the job. If the employee refuses to adjust the position, the employer terminates the labor contract on this basis, which is a legal termination, but the employer should also pay economic compensation, i.e., n.

It is illegal for the company to transfer positions at will, as follows:

1. If the employer adjusts the employee's position without authorization, the employee has the right to refuse, and if the employee terminates the labor contract on this ground, the employee has the right to claim the termination compensation. A job adjustment is a change in the employment contract. Any party changing the original state and changing the job position is a break of the existing stable labor relationship;

2. The employer should not only be legal but also reasonable when exercising the right of self-employment granted by law. The employer unilaterally changes the employee's job position without consultation with the employee, and the employee has no choice but to resign on his own initiative, so that the employer can achieve the purpose of terminating the employment relationship.

Legal basisArticle 35 of the Labor Contract Law of the People's Republic of China.

The employer and the employee may change the content of the labor contract by reaching a consensus through consultation. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection in accordance with the provisions of the labor contract or the working conditions of those who cheat;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal analysis: The company cannot be transferred at will. According to the relevant laws and regulations of China, the content of the work and the place of work are the necessary terms of the labor contract, and the employer has already signed the labor contract with the employee, and the employer has no right to unilaterally change the content of the labor contract.

Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following clauses:

1) The name, address, and legal representative of the employer or the person who is mainly responsible for the shack;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The duration of the employment contract;

(iv) The content and place of work;

(v) Working hours, rest and vacation;

(vi) remuneration for labor;

vii) Social insurance;

8) Protection against labor chains, working conditions and occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

In the workplace, this kind of transfer is a very normal thing, first of all, we must face it psychologically correctly, if there are any problems and difficulties, you can directly talk to the leader about this problem, instead of having a feeling of resistance, it will affect your work and development space in the workplace.

There are good and bad positions in every unit, everyone wants to go to a good job, and they don't want to go to a bad job, but someone has to do a bad job. If you are unfortunate and you are going to be transferred to a poor position, and you really don't want to go, this is the time to take out your labor contract to see, if your position is written in the current position, then the leader wants to give a transfer, you have to negotiate, if you insist on not agreeing, you can not go, the unit forces you to go, it is a violation of the labor contract and the same law, you can go to the labor inspection brigade to complain.

But in this case, you are equivalent to a stiff fight with the unit, and the unit feels that you do not obey the management, and the unit fails in the matter of transfer, but you can start with other things to rectify you.

Second, a job transfer is not necessarily a bad thing.

The first time, I was transferred from a good department to a bad department, and I was very depressed at that time, but my arms couldn't twist my thighs, and I had to eat in this unit, so I could only swallow my anger and go to work. In this poor position, I also learned a lot of knowledge, I learned how to cultivate obscurity, I learned to retreat as advance, and I also understood the difficulty of difficult positions, and when I left this post, I was more understanding and grateful.

Third, face the job transfer correctly.

In many units, the transfer between departments is also a normal exchange and rotation, so that you can have a more comprehensive understanding of the work, harmonize the relationship between departments, enhance cooperation and cooperation, and better promote the development of work.

Summary. If you encounter such a situation, you should first consult with your superiors, and your superiors will not give you a clear reason for not being transferred. You can apply for arbitration through the Labor Bureau.

What should I do if I need to be transferred, but the company won't transfer me?

If you encounter such a situation, first consult with the superior, and the superior will not give a positive treatment, and He Zheng will not give a clear reason for not being transferred. If you regret it, you can apply for arbitration through the Labor Bureau.

Generally, after you apply, the Supervision Brigade of the Labor and Appeal Bureau will negotiate with your company leader in person and finally arbitrate. When encountering this kind of thing, the teacher suggests that you deal with it calmly, and use the chain to protect your own rights and interests.

The superior said that the company stipulated that he could not come to work, how to apply for arbitration?

If this kind of success is achieved, it is not actively handled by the superiors. If you go to the Labor Bureau's inspection brigade to report your remorse, they will ask you to write a letter of application for concealment, and then you will get a reply within about 7 days.

I wanted to change the post because of the unfair treatment of the original position, but the leader of the Gongdoushan Division said that the Gongxiang Sales Stove Division pretended to stipulate that it could not be changed at will, and if I resigned, they would not refund the 1,000 yuan reserved in the factory.

If so, it is probably the leader who is targeting you.

If you hold a valid certificate to defend your rights, you will win a big lawsuit.

Is there a legal provision that says that employees cannot change their jobs, and if they resign, the deposit reserved in the factory will not be refunded?

Employees are required by law to change their posts, and employees have the right to put forward their own wishes to change posts, and the company should take a fair and just way to deal with it positively, and no matter how you do it, it is illegal to withhold your deposit.

That is to say, if you don't want to do the original position, and then you want to transfer to another position to do other work, and change the workshop in the same factory, that's not okay, right?

Yes, you can apply for a change of guard like this, because we have the right to choose our own competent work.

The company's leaders said that this is a regulation of Gaodong Company, and it is not possible to change the guard as if they were suspicious, so are they illegal? Do I have the right to defend my own rights and ask them to change my guard?

There is no such thing as a bad company that can stipulate that employees cannot be transferred, which is a mandatory regulation, which is illegal, and you have the right to defend your rights.

Summary. Hello, dear, this kind of company violates the labor contract and applies for labor arbitration.

The company has adjusted my position for no reason, what should I do? Is it legal for companies to do this?

Hello, dear, this kind of company violates the labor contract and applies for labor arbitration.

His unilateral act was unlawful.

The transfer of posts needs to be agreed upon by both parties.

In accordance with the provisions of the Labor Contract Law and the Labor Law.

The leader of the company said: I must serve the company's work arrangement.

Is there such a statement?

does not exist. The company's policy is required to comply with national laws.

Did he consult with you before the transfer?

Article 16 of the Labor Contract Law [Effectiveness of Labor Contract] The labor contract shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

How do I fight for my rights.

Article 35 [Modification of Labor Contract] The employer and the employee may change the content agreed upon in the labor contract by reaching an agreement through consultation. To change the labor contract, the slag side shall be in writing.

He asked, and I had clearly replied that I disagreed.

The company has ordered me to report to the new post, but I didn't go.

Labor arbitration.

The labor arbitration commission is the competent authority, and you can apply for labor arbitration to claim compensation according to the number of years of service.