If the job position is not specified in the labor contract, whether the employer can change the job

If the job position is not specified in the labor contract, the employer needs to reach an agreement with the employee to change the employee's job position, otherwise the employee can report to the human resources and social security bureau where the employer is located to apply for labor arbitration to protect the legitimate rights and interests of the employee.

Labor Contract Law

Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

Hello, the employee's job position is a necessary clause of the labor contract, and the employee's job position is an important form of embodiment of the employee's work content. At the time of the conclusion of the employment contract, your employer and you are in a state of equality, and the two parties can negotiate to determine the employee's job position. After the employment contract comes into effect, the employment contract is binding on both the employer and the employee, and the adjustment of the employee's job position and the termination of the labor contract between the two parties cannot be arbitrary.

Legal analysis

According to the provisions of the Labor Contract Law of the People's Republic of China, the labor contract shall have a type of necessary clauses such as work content and work location, if the employment contract between the employer and you does not stipulate the job position or the agreement is unclear, unless the employer is fully reasonable, the adjusted job position can satisfy and make you competent, and the labor conditions such as wages and benefits are not unfavorable to you, the employer shall not change your job position. If the employment contract does not clearly stipulate how to transfer your position, and the employer adjusts your position without consulting you, it is a breach of contract. If it causes you losses, the unit shall compensate and make up the difference with reference to the salary standard of the original post.

However, if the employer and the employee reach an agreement, they may change the content of the employment contract, such as the job position. If the labor contract is changed through negotiation, it shall be in written form, and the change can only be made after the written consent of both parties, and the modified labor contract shall be held by the employer and you respectively.

Legal basis

Labor Contract Law

Article 17 A labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

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

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against 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.

Article 35 The employer and the worker may change the contents 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.

If the employment contract clearly stipulates the employee's position, the employer shall generally negotiate with the employee if it changes the employee's position, and the employer cannot unilaterally change the employee's position.

However, if the employment contract does not expressly stipulate the employee's job position and there is no other evidence to prove that the two parties have expressly agreed on the specific job position, the employer's unilateral change of the employee's job position shall be the employer's autonomy.

According to the general practice, if there is no agreement, the employer can, and it is best to negotiate with the employer, and the employer also wants to put the right person in the right position.

When signing a labor contract, the employer shall explain the position, and if it has already been informed, it shall not change the position at will.

Legal analysis: The work content is a necessary clause of the labor contract, and the company can be asked to negotiate to supplement or re-sign the work content if the work content is not clear.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the original rules of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If an employer and an employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If the employee's job position is not specified when the employment contract is signed, the employment contract shall not have legal effect. The employment contract should include the necessary clauses, and the employee's working hours, work location, work content, and salary are the necessary clauses, without which the employment contract is invalid.

1. Is the position valid if the labor contract is not specified?

If the labor contract does not specify the salary of the post function, it is illegal, and the contract is invalid, and the employee has applied to the local arbitration commission or court to determine that the labor contract is invalid. The necessary clauses of the employment contract must be clearly stated.

The employment contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

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

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

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

2. What should I pay attention to when signing a labor contract?

1. The content of the labor contract should be complete. The employment contract should not only list the position, term, treatment, etc., but also list in detail the specific circumstances under which both parties can terminate the contract. In addition, the labor discipline of the enterprise should also be specified in the labor contract, or the rules and regulations of the enterprise should be attached in the form of an annex as an indispensable part of the labor contract, which shall have the same effect.

2. The content of the labor contract should be fully explained to the employee, especially the clauses that are related to their major interests but are easy to be ignored, such as the termination of the contract, the liability for breach of contract and the confidentiality clause, so as to avoid misunderstandings and possible disputes in the future.

3. The training after hiring personnel should be in place, and the content should be complete without omission, including not only job skills training, but also enterprise labor discipline, rules and regulations to dismantle the source bucket training, and leave evidence of employees receiving training, such as requiring employees to sign the sign-in sheet, which should list the training content. All of these help businesses to cope with possible lawsuits.

If the employment position is not specified when the employment contract is signed, the employment contract is invalid. The content of the employment contract should be complete and include the necessary clauses and agreed clauses; The basic information of the employer should be clear; The qualifications of both parties to the labor contract should be appropriate; The procedures and forms for signing labor contracts must comply with the requirements of the law. These mentioned above need to be paid special attention when signing an employment contract.

If the employment contract stipulates the job position, the agreement on whether the labor contract is the same or not shall be fulfilled. If it is necessary to change the labor contract, it can only be changed if the employer and the employee agree on the agreement, and the change cannot be changed if the agreement cannot be reached through negotiation. If the employer cannot reach a consensus on the unilateral change, the employee may terminate the labor contract in accordance with the first paragraph of Article 38 of the Labor Contract Law and claim that the employer pay economic compensation.

Labor Contract Law

Article 29 [Performance of Labor Contract] The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 35 [Modification of Labor Contract] 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.

Article 38 [Unilateral Termination of Labor Contract by Laborer] Under any of the following circumstances, the employee may terminate the labor contract:

1) Failure to provide labor protection or working conditions in accordance with the labor contract;