Whether an employee can be transferred if he or she is not qualified for the job

If the employee is incompetent for the job, the employer may transfer the employee.

Legal basis] 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 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.

If the employee is not qualified for the job, how should the unit be transferred?

Follow company policies and employee handbooks. You can meet and communicate verbally, and together with HR, make a record of the conversation, and the three people sign for confirmation. If you are no longer competent, you can be demoted, transferred to another job, and finally dismissed if you are not qualified.

However, modern enterprises should pay attention to human feelings, and can train employees to meet the requirements of job ability.

If the training is not good, then change the position or wait for the post, etc.

If you are not competent for the job, do you have to agree on the job adjustment?

Legal analysis: Employees who are not qualified for the job can be transferred.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China In 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 adjustment of the job position by the Zaozhou worker;

3) There is a major change in the objective circumstances on which the labor contract was 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.

Legal Analysis: If it is reasonable for the company to transfer the employee to the job on the grounds that the employee is incompetent for the job, and the employee is incompetent for the job, the employer shall have the autonomy of the employer to adjust the employee's position; The crux of the matter is that the company must provide evidence that the worker is not qualified for the job, otherwise it is unreasonable.

Legal basis: Labor Contract Law of the People's Republic of China Article 40 A worker is incompetent for the job, and is still incompetent for the job after training or adjustment of the work; The employer may terminate the labor contract after giving the employee 30 days' written notice or paying the employee an additional month's salary.

According to Article 40 of the Labor Contract Law, an employee is incompetent for the job and is still incompetent after training or job adjustment; The employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary. This article indirectly stipulates that the enterprise has the right to unilaterally transfer the employee under the premise that the employee is not qualified for the existing position.

1. The employer shall have sufficient evidence to prove that the employee is not qualified for the existing job, that is, the employee is indeed unable to complete the tasks agreed in the labor contract or the workload of personnel in the same type of job in accordance with the requirements of the employer, which needs to be supported by documents such as "Suidabi's Job Description" and "Target Responsibility Letter" in practice;

2. The adjusted position should be compatible with the labor ability and skills of the laborer, and maintain a certain degree of reasonableness.

1. How to understand incompetence.

Article 26 of the 1994 Explanation of Several Articles of the Labor Law issued by the General Office of the Ministry of Labor pointed out: "'Incompetence' refers to the inability to complete the tasks agreed in the labor contract or the workload of personnel of the same type of work and position as required. Employers shall not deliberately raise the quota standard so that employees cannot complete it.

This provision can be interpreted as follows: when the employer and the employee have made an agreement on the work content, task objectives, and performance appraisal standards, the agreement shall be implemented; If it is not agreed, it shall be implemented according to the standard that most employees in the same position can generally meet. Therefore, if the employer is unable to prove that the work content, objectives or appraisal indicators are reasonable, or fails to provide a system basis for unqualified performance appraisal, or cannot prove that the tasks completed by the employee do not meet the standards that are generally achievable by most employees in the same position, then the termination of the employment contract on the grounds of "incompetent for the job" is likely to be judged as an illegal termination of the employment contract.

A common reason why an employer is unable to win a lawsuit is that the employer has failed to prove that the employee is not up to the job. Generally speaking, if the employee's employment contract does not specify the job responsibilities and the employer does not set any performance appraisal standards, the performance appraisal organized by the employer is likely to be determined to be subjective and arbitrary, and thus cannot be used as a basis for evaluating the employee's competence.