Does the Labor Contract Law have an article on how employees can apply for job transfer?

When the employer and the employee sign the labor contract, they will agree on the job position. If the employee wants to change his position during the employment contract, he or she can negotiate with the employer (i.e., apply for job transfer). If the employer agrees, the employer can change the position, but it is required to sign a written change of employment contract document.

If the employer does not agree, it may reject the employee's application for job transfer.

Legal basis: Labor Contract Law

Article 17 The 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 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 40 of the Labor Contract Law stipulates that "a person shall not be able to engage in his or her original job or work arranged by the employer after the expiration of the prescribed medical treatment period".

Even if the employer wants to change the post, it is not a party to say it, this is to change the content of the labor contract, it is to be agreed upon, but the original salary standard of the position should be very easy and will not necessarily be given to you, so the employer must take a written form to change your labor contract when you change the post, to reflect the spirit of consensus between the two parties, I think your unit is still a little more casual, let's talk about it, if it really doesn't work, just apply for labor arbitration.

It is legal, the worker is not competent for the job, and the employer and the worker can adjust the position through consultation. However, it is illegal for an employer to transfer an employee without reason, and it is an illegal act, and the transfer is the main content of the change of the labor contract.

Legal analysisIf the employee and the employer have signed a labor contract and agreed on the job position and salary, the employer needs to negotiate with the employee to transfer the employee's position. If the employer is transferred for production and operation needs, and the transfer is reasonable, does not have an insulting or punitive nature, does not reduce the salary and benefits, and is related to the position agreed in the labor contract, the transfer is valid; As a worker, you should comply with 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. The employee may apply for labor arbitration to claim compensation. According to the relevant laws and regulations, the parties may change the contract if they reach a consensus through consultation. Where laws and administrative regulations provide that formalities such as approval and registration shall be handled for modification of a contract, follow those provisions.

With the consent of the employee, the employer may sign a new contract through negotiation, and the original contract shall be invalidated. It is also possible for the parties to enter into a supplementary agreement to the original contract, which is part of the contract and has the same effect as the original contract.

Legal basisCivil Code of the People's Republic of China

Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Article 543: The parties may modify the contract by consensus.

Article 119:Contracts established in accordance with law are legally binding on the parties.

In accordance with the principles and spirit stipulated in the Labor Law, the employer may adjust the position under the following circumstances: 1. If it is expressly agreed in the Labor Service that the employer may adjust the position according to the need, the employer may adjust the position according to the labor contract. 2. If the worker is proved not to meet the probationary conditions, the position can be adjusted after consultation with the employee.

3. If the worker is not qualified for the original job, he can adjust the Zen type noisy position.

The Labor Contract Law does not make specific provisions on job transfer, but under normal circumstances, the employer and the employee can change the content of the employment contract if they reach an agreement through consultation. In other words, if there is a need to transfer jobs, the employer and the employee must reach an agreement and conclude a written contract. Therefore, this puts forward high requirements for enterprises to change the labor contract, and the change must be agreed with the employee, otherwise the change is invalid.

Legal basis: 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.

The Labor Law stipulates that the wages of the Suppression Talks.

China's Labor Law prohibits employers from pressing wages without reason. According to the Labor Law of the People's Republic of China, wages shall be paid to the workers themselves in the form of money on a monthly basis. Employees shall not be deducted or in arrears of wages without reason.

If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours to workers and remuneration for digging sheds;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Sick leave in the Labor Code.

Sick leave in the Labor Code.

1. During the medical treatment period, the sick leave salary, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations.

2. Employees who take long sick leave maintain labor relations with their original employer during the sick leave, and the employer shall sign a labor contract with them.

3. If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (position) of the employee as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).

4. If there is no stipulation in the labor contract or collective contract, it may be determined by the employer and the employee representatives through collective wage negotiation, and a collective wage agreement shall be signed as a result of the negotiation.

5. If there is no agreement between the employer and the employee, the calculation base of the holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance in the post (position).

6. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee according to the relevant provisions within the specified medical treatment period, and the sick leave pay or sickness relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

7. The social insurance premiums of the surplus employees of the enterprise, the personnel on long leave, the personnel on long sick leave, the borrowed personnel and the paid school personnel shall continue to be paid by the original units and individuals according to the regulations, and the period of paying the insurance premiums shall be calculated as the payment period.

Legal basis