Does the refusal of the employee to be absent from the post constitute absenteeism?

Under normal circumstances, the leader makes some adjustments to the work posts of the subordinates, and the behavior of resisting the adjustment and refusing to go to the post can be dealt with as absenteeism as the disobedience of the subordinates, refusal to go to work, and no reason.

After negotiation between the company and the employee, when the agreement between the two parties is reached, if the employee refuses to show up for work, it will constitute absenteeism.

In practice, some employers adjust the job positions of employees according to the needs of production and operation, but the employees do not explicitly refuse to do so, but only say that they need to consider this. After that, the employee neither reported to the new job nor showed up at the original post, and the employer terminated the labor contract on the grounds of absenteeism. Some courts have different opinions on whether the employer has illegally terminated the termination

One opinion holds that the employer has not reached an agreement with the employee to unilaterally change the labor contract, and the job transfer is not reasonable, the employer is at fault first, and the employee's absenteeism is caused by the employer's failure to provide working conditions as agreed, so the employer's termination of the labor contract is not legal. The second opinion holds that it is the basic contractual obligation of the employee to accept the command and management of the employer, and although the transfer of the employer is not reasonable, the two parties should actively negotiate, and the employee should not engage in passive confrontation in the form of absenteeism, and if the absenteeism is a serious violation of labor discipline in accordance with the relevant rules and regulations, the employer may terminate the labor contract in accordance with the law.

It is inclined to believe that although the Labor Contract Law stipulates that the employer and the employee may change the labor contract through consultation, it cannot be denied that the employer exercises its autonomy in operation and management due to the adjustment of the production structure and business scope or changes in the external market, and makes appropriate adjustments to the employee's position under the premise of legality and reasonableness, and the employee should cooperate with this, which is also a concrete embodiment of the personal subordination of the labor relationship. If the worker has any objection to the job adjustment, it should be resolved through negotiation, rather than resisting or confronting in the form of passive sabotage. Therefore, if the employee neither reports to the new job nor attends the original post, the employer may terminate the labor contract with the employee if it is a serious violation of discipline in accordance with the rules and regulations of the employer.

No, it's your problem to change jobs randomly.

If an employee refuses to work because he or she does not agree to the transfer, this is not absenteeism.

If the company is treated as absenteeism, it needs to bear the corresponding liability for breach of contract.

The contract signed by the employee when working in a company is a two-way choice, and Huixingsen also needs to negotiate the future work arrangement, and it also needs to be confirmed in writing when the transfer is made. It is against the rules for an employer not to directly transfer an employee to another position. <>

If the employee is not satisfied with the company's arrangement, he or she can choose not to accept it, and he or she can choose to refuse to sign such a contract outright. If the company imposes a mandatory request on the employee for this reason, the employee may choose to refuse to work, and the employee's practice is not of the type of absenteeism. If the company directly reduces the employee's salary and penalizes the employee for absenteeism, it is a violation of the law, and the company needs to be held liable in such a case.

At this time, the company cannot forcibly dismiss the employee, otherwise it will violate the legal rules of no-fault dismissal, and the employee can directly choose to defend his rights through the law at this time. Therefore, employees do not need to be afraid that the company will target them when they go to work, and they should not be stubborn when they don't like the new position, because they can directly not sign a contract if they do not approve of this transfer, and the company has no right to require employees to transfer directly. <>

The company's requirement for employees to be transferred to the first acre must be to better arrange the work, so the company should use a better way for employees to accept this transfer. The transfer arranged by the company should also be implemented on a reasonable basis, and the interests of employees should not be directly given up for the benefit of the company, so I hope that the company can also consider the employees when making decisions. I hope that the company will not make such a wrong behavior, and even more balanced, do not rely on being Party A.

Just punish the employees directly and arbitrarily, otherwise the company will be punished by the law.

This is not considered absenteeism, because if you want to transfer to another position, you must agree with the employee.

I think that the unbalanced and noisy employees do not agree to the transfer, indicating that they are unwilling to go to this position, and may not be suitable for this position.

It is not very legal, because there are some disputes that have not been resolved before, and the worker does not recognize such a position, so it cannot be determined that absenteeism is not possible.

It is legitimate, and no matter what the outcome of the dispute looks like, you should go to work on the job, and you should adjust it with the company.

This is actually illegal, because if the worker is unwilling to transfer the job, there is also a certain reason, and the enterprise cannot transfer these people casually.

1. As mentioned in the title, it should be clarified that the employer and the employee have signed a labor contract for the specific agreement on the job, if the employer's adjustment of the post is in the nature of a change of labor contract (i.e., the adjustment of the post is beyond the scope of the contract), then the employer shall sign a supplementary agreement (the change agreement for changing the position) with the employee, and the post adjustment can only be implemented after signing, otherwise, the employee may not agree to the work arrangement of the post adjustment. The refusal of the employee to show up at work does not constitute absenteeism (the questioner should note that the employee should still perform his or her duties at his or her original job as agreed in the contract);

2. As an employee, the employer should pay attention to the specific expression of the relevant clauses in the labor contract, enhance legal awareness, and safeguard legitimate rights and interests through legal means;

Not considered absenteeism. Under normal circumstances, if an employer transfers an employee's position and salary, it needs to be agreed upon by both employers and employees and confirmed in writing. An employer cannot unilaterally arbitrarily transfer an employee's salary or salary.

If the employee does not accept it, he or she may refuse to sign the contract, and then the employer will reduce the employee's salary and benefits, which is obviously in violation of the law and shall bear the liability for breach of contract.

Not considered absenteeism. Under normal circumstances, if an employer transfers the position and salary of a repatriated employee, it needs to be agreed upon by both the employer and the employee and confirmed in writing. An employer cannot unilaterally arbitrarily transfer an employee's salary or salary.

If the employee does not accept it, he or she may refuse to sign the contract, and then the employer will reduce the employee's salary and benefits, which is obviously in violation of the law and shall bear the liability for breach of contract.

Legal basis: Article 40 of the Labor Contract Law provides for no-fault dismissal.

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 additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the chain of objective circumstances on the basis of which the labor contract is concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Not considered absenteeism. Under normal circumstances, if an employer transfers an employee's position and salary, the dismissal needs to be agreed upon by both the employer and the employee and confirmed in writing. Employers cannot unilaterally and arbitrarily transfer workers to jobs and salaries.

If the employee does not accept it, he or she may refuse to sign the contract, and then the employer will reduce the employee's salary and benefits, which is obviously in violation of the law and shall bear the liability for breach of contract. Legal basis: Article 40 of the Labor Contract Law No-fault dismissal 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 additional month's salary

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; 2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) The labor contract has undergone major changes in the objective circumstances on which it was concluded, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Not considered absenteeism. Under normal circumstances, if an employer transfers an employee's position and salary, it needs to be agreed upon by both the employer and the employee, and confirmed in writing if the employee is dissolved. An employer cannot unilaterally arbitrarily transfer an employee's salary or salary.

If the employee does not accept it, he or she may refuse to sign the contract, and then the employer will obviously violate the law by reducing the employee's salary and benefits, and shall bear the liability for breach of contract. Article 40 of the Labor Contract Law stipulates that 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 an additional month's salary to the employee: 1) The employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; 2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) The labor contract has undergone major changes in the objective circumstances on which it was concluded, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.