The latest provisions of the Labor Law on job transfer

Job transfer depends on the specific situation, and in general, unless there is a clear agreement in the employment contract or both parties have reached an agreement on the job transfer, the position of the employee cannot be adjusted at will. However, if the employer is forced to change the position due to a major change in the objective situation, the company may negotiate with the employee to adjust the position, that is, to change the agreement of the labor contract. If the company cannot reach an agreement with the employee through negotiation, the company has the right to terminate the labor contract.

However, there is an obligation to give 30 days' written notice.

Legal basis] Article 40 of the Labor Contract Law: 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 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.

The Labor Contract Law does not have a specific provision on job transfer, but Article 35 of the Labor Contract Law stipulates that the employer and the employee may change the content of the employment contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

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.

In accordance with the spirit of the principles stipulated in the Labor Law, the employer may adjust the position under the following circumstances:

1. If the labor contract clearly stipulates that the employer may adjust the position according to the needs, 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. The worker is sick or injured not due to work, and cannot engage in the original job after the prescribed medical treatment period expires;

4. If the worker is not qualified for the original job, he or she can adjust the position. The employer shall bear the burden of proof as to whether or not the original job is successful.

1. What are the latest legal regulations on job transfer?

1. The latest legal regulations on job transfer are as follows:

1. If the labor contract clearly stipulates that the employer may adjust the position according to the needs, 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. The worker is sick or injured not due to work, and cannot engage in the original job after the prescribed medical treatment period expires;

4. If the worker is not qualified for the original job, he or she can adjust the position. The employer shall bear the burden of proof as to whether or not the original job is successful.

2. Legal basis: Article 35 of the Labor Law of the People's Republic of China.

The collective contract signed in accordance with the law shall be binding on the enterprise and all employees of the enterprise. In the labor contract concluded between individual employees and enterprises, the standards of working conditions and labor remuneration shall not be lower than those stipulated in the collective contract.

Chapter 4 Working Hours, Rest and Vacation.

Article 36.

The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

Article 37.

For workers who are omitted to work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.

Article 38.

The employer shall ensure that the employee has at least one day off per week.

Article 39.

If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

2. What is the standard for the payment of wages for job transfers?

1. After the transfer of employees, their wages, bonuses, allowances and other benefits shall be implemented in accordance with the current system and standards of the transferred area and the transferred unit;

2. Employees are transferred between enterprises that implement the skill wage system, and the transfer unit shall conduct an assessment, and if the assessment is qualified, the current wage level of the employee shall be implemented at the same level of the salary standard of the transferred unit; Those who fail to pass the assessment should appropriately reduce their wages;

3. If an enterprise that implements the skill wage standard is transferred to an enterprise that implements the post skill wage system, the transfer unit shall determine the position and skill wage respectively according to the position and the results of the assessment.

Provisions on job transfer: Unless there is an express agreement in the labor contract or both parties have reached an agreement on job transfer, the employer cannot arbitrarily adjust the position of the employee. If the employer has to transfer the position due to major changes in the objective situation, the company may negotiate with the employee to adjust the position, that is, to change the provisions of the labor contract.

If the company and the employee cannot reach an agreement through negotiation, the company has the right to terminate the labor contract, but has the obligation to give 30 days' written notice.

Labor Contract Law

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

Labor Contract Law

Article 40. 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) Where there is a major change in the objective circumstances of the University on which the labor contract was concluded, making it impossible to perform the labor demolition contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.