Whether the employer violates the labor law by transferring the employee from the job without the em

It depends on whether your employment contract is agreed, for example, if you have agreed in the contract that it is a mobile position, it is not illegal. If you have specified the place of work in the contract, and the employer transfers you from a place other than that agreed in the contract, the employer shall be liable for breach of contract.

If the employer has not signed any employment contract with you, the employer will be seriously violating the law according to the relevant provisions of the Employment Contract Law.

According to the actual situation, the employer's unauthorized transfer of an employee's position is illegal. If the negotiation fails, the worker may apply for labor arbitration for settlement, and if he is not satisfied with the arbitration, he or she may file a lawsuit with the people's court if the agreement complies with the provisions of the law.

The relevant laws and regulations stipulate the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

The company violated the labor law by changing positions without permission. The employer and the employee shall fully perform their obligations in accordance with the provisions of the labor contract, and in the process of performance, neither party can tell God to change the content of the job at will, and if it is necessary to change it, it shall be in accordance with the regulations: the employer and the employee can change the content of the labor contract through consultation, and the change of the labor contract shall be in written form.

The circumstances under which job transfer is allowed are: 1. The two parties agree to transfer the post through consultation. The job position is one of the contents of the labor contract, and the employer and the employee can be transferred through consultation.

Therefore, the negotiation can be transferred. 2. The labor contract has been fulfilled and both parties have been transferred by default. If the employer adjusts the position and the employee does not object to it, and the employee has performed the job for more than one month, it shall be deemed that both parties have agreed to the transfer.

Where the modification of the labor contract is not in written form, but the oral modification of the labor contract has been performed for more than one month, and the content of the modified labor contract does not violate laws, administrative regulations, national policies, and public order and good customs, and the parties claim that the modification of the labor contract is invalid on the grounds that the written form has not been adopted, the people's court shall not support it. If the worker is unable to adapt to his or her own position, the employer may transfer the employee.

The company's arbitrary transfer of employees violates Article 17 of the Labor Law. The transfer of employees by the company shall follow the principles of equality, voluntariness and consensus. If the company arbitrarily transfers positions, the employee can refuse, and if the company terminates the labor relationship as a result, which is illegal, the employee can apply for labor arbitration and can claim the corresponding compensation.

Legal basis

Article 17 of the Labor Law of the People's Republic of China stipulates that the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

1. If the company violates the labor law by changing positions without permission, the employer shall reach an agreement with the employee through negotiation.

2. Article 35 of the Contract Law of the Labor Trousers stipulates that the employer and the laborer and filial piety activists may change the content of the labor contract 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.

Legal analysis: If the company violates the labor law by changing positions without permission, the employer shall reach an agreement with the employee through negotiation.

Legal basis: Article 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 if they reach a consensus through consultation.

Modification of the labor contract shall be in writing. The amended contract text shall be held by the employer and the employee.

Legal analysis: 1. If the company violates the labor law by changing positions without permission, the employer shall reach an agreement with the employee through negotiation.

2. Article 35 of the Labor Contract Law stipulates that the employer and the employee may change the content of the labor contract 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.

Legal basis: Article 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 if they reach 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.

Legal analysis: 1. If the company violates the labor law by changing positions without permission, the employer's transfer should be consistent with the employee's filial piety.

2. Article 35 of the Labor Contract Law stipulates that the employer and the employee may change the content of the labor contract if they reach 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.

Legal basis: Labor Contract Law of the People's Republic of China Article 35 The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be made in writing.

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

Legal analysis: The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employer and the employee may change the content of the labor contract if they reach 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. The labor contract shall be legally binding immediately and shall be binding in accordance with the law, and the parties must fulfill their obligations under the same provisions.

However, the employer shall not arbitrarily change the employee's job position without consultation and without legal provisions. Even if the content of the labor contract is changed due to changes in the production and operation activities of the enterprise, in order to maintain the normal production and operation of the enterprise, the employer should explain the legality and reasonableness of adjusting the work content and wages and remuneration of the employees to avoid disputes.

Legal basis: Article 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 if they reach a consensus through consultation. Modification of the labor contract shall be in the form of a written form.

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