How long in advance the employer needs to notify the employee of the transfer

According to the Labor Contract Law, there are roughly three situations:

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with 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) 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.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

Hope it helps].

According to Article 10 of the Labor Contract Law, "a written labor contract shall be concluded to establish an employment relationship. 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 the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 35 stipulates: "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. Therefore, the employer's own transfer of an employee is a matter of changing the content of the labor contract, which should be agreed upon through consultation with the employee, and it is illegal to unilaterally transfer the employee regardless of whether the employer notifies the employee in advance, and the employee may apply to the labor dispute arbitration commission for labor arbitration to request the employer to continue to perform the original labor contract, or claim the termination of the labor relationship with the employer and claim economic compensation.

The transfer of personnel in the enterprise must be notified in advance, because it is necessary to give employees a time to prepare and think, not that the position needs to be transferred, and the recognition and understanding of the employees must be obtained.

1. Of course, employees should be notified.

2. Job transfer is a change in the labor contract.

3. 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.

If the employee does not agree to the company's job transfer arrangement, it means that the employee and the company cannot reach an agreement on the change of the employment contract.

5. At this time, the company has the right to terminate the labor contract with you by giving 30 days' written notice.

6. In this case, the company shall give you one month's salary income as economic compensation for each full year of your working years.

Employees should be notified in advance of the transfer of personnel in enterprises. Employees need to be mentally prepared. Able to take on a job in another position.

If the employee is not notified, it is a violation of the labor contract, so the transfer of the position needs to be notified to the employee, and it is necessary to negotiate and communicate, and the consent can be obtained before the transfer can be made.

The signed labor contract will clearly mark the position. The enterprise needs to obtain the consent of the employee to transfer the employee.

The transfer of personnel in the enterprise needs to be notified to the employee first, which is a two-way company and the employee can only be transferred under the condition of two-way unity, if one party does not agree, it is impossible to transfer. If the employee does not agree, it is not allowed to be transferred, and the personnel transfer is required under the two-way consent of the company and the employee, whether it is a personnel transfer or resignation, or other things need to be done in the case of the employee's knowledge.

The employer must notify the employee in advance and reach a consensus through consultation, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle.

Sogou asked. 1.The employer is a job transfer that is required for production and operation, and the job transfer is reasonable, there is no insult or punishment nature, and the salary and treatment are not.

If there is a correlation between the reduction and the position agreed in the labor contract, the transfer is effective; As a worker, you should comply with it.

2.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.

3.You can apply for labor arbitration to claim compensation, and pay 2 months' wages for 1 year of work;

4.If the employee is not qualified for the job, the employer has the right to adjust the position;

1) The employer asserts that the employee is incompetent for the job and needs to provide evidence;

2) If the employee refuses to adjust the position, the employer shall terminate the labor contract accordingly, which shall be regarded as a legal termination.

Extended information: 1) Post management adjustment and management: The evaluation results are corresponded to according to the relevant adjustment standards, and on this basis, a set of corresponding five-level and seven-level correspondence tables and functional planning tables and other series of tools are developed to achieve orderly adjustment and planning of talents.

2) Post management enables employees to clarify their job responsibilities and achieve synchronous growth with the enterprise: post management is to take the post in the organization as the object, scientifically set up the post, and the post must be managed on the basis of analysis and evaluation, and the post management has a richer connotation and significance than the post analysis.

Whether to notify the employee of the transfer of personnel in the enterprise post is handled in two situations, and the normal transfer should be notified to the employee in advance.

According to the rules and regulations, it is not necessary to notify the employee of the transfer of employees who violate the rules and regulations.

Employees need to be notified of the transfer of personnel in the enterprise, so that employees can prepare in advance so that they will not be too late.

Although employees are obliged to obey the arrangements of the enterprise, employees also have the right to choose.

Employees are not required to be notified in advance of the transfer of personnel in the enterprise. The transfer of post personnel is not a change in the labor contract, but a change in job adaptability. The company believes that individuals adapt to new positions and send out greater benefits.

The decision was made after a long period of observation and multi-party consideration. It does not violate the labor law and is an internal matter of the company.

Regardless of the reason, the company must notify the employee in advance of the adjustment of the employee's position, and the employee needs to be negotiated. According to Article 17 of the Labor Law, a labor contract is legally binding when it is concluded in accordance with the law, and the parties must perform their obligations under the labor contract.

Job transfer is the main clause of the labor contract, and the employer must first reach an agreement with the employee, and the employee agrees to it and signs the notice of job transfer before it is valid. If the employee is unwilling to change his position or sign the transfer notice due to various reasons, if the company terminates the labor contract on the grounds that the employee does not obey the arrangement, it is an illegal termination of the labor contract, and the employee can apply to the local labor arbitration unit for arbitration and request the employer to pay economic compensation (2 times the compensation). Sometimes, the company will make it difficult for the employee for various reasons, such as not arranging work, etc., and the employee can mainly rely on the clause of "failure to provide labor conditions in accordance with the labor contract" stipulated in Article 38 of the Labor Contract Law.

The adjustment of the position must be notified to the worker in advance, and the worker needs to be negotiated.

1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee and employ the employee without the consent of the employee.

Unilateral adjustment of posts by the unit is invalid in principle;

2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment, and the salary is not.

If there is a correlation between the reduction and the position agreed in the labor contract, the transfer is effective; You as a laborer should abide by 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. You can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of work, that is, 2N;

3. If the employee is not competent for the job, the employer also has the right to adjust the position. Of course, the employer claims that the employee is incompetent.

Evidence is also required. If the employee refuses to adjust the position, the employer terminates the labor contract on this basis, which is a legal termination, but the employer should also pay economic compensation, i.e., n.

According to the Labor Law, when an enterprise arranges an employee to work in a job that is different from that agreed in the labor contract, it must notify the employee in advance and obtain the employee's consent before transferring the employee.

However, in the actual operation process, it is often the senior management of the enterprise who decides on the list of transfers and then notifies the employees, and if the employees do not obey the transfer, they will be secretly suppressed, so it generally ends with the employees obeying the arrangements of the enterprise.

If the employee does not agree, it is not allowed to be transferred, and the personnel transfer is only possible under the condition that the company and the employee agree to do so, whether it is a personnel transfer or resignation, or other things need to be done with the knowledge of the employee. If the employee does not agree, it is not allowed to be transferred, and the personnel transfer is only possible under the condition that the company and the employee agree to do so, whether it is a personnel transfer or resignation, or other things need to be done with the knowledge of the employee.

Legal analysis: If the employer gives 30 days' written notice of resignation, it is not required to pay one month's notice on behalf of the town. However, the severance is still to be paid, and if the employer dismisses the employee in violation of the labor law, the severance must be doubled.

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 expiration of the limited medical treatment period;

2) The worker is incompetent for the job, and is still incompetent for the job after training or adjustment of the job position;

3) There is a major change in the objective circumstances on which the labor contract was concluded, resulting in the failure 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 discussion.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the restrictions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the economic compensation standard set forth in Article 47 of this Law.

It is not possible for the company to unilaterally adjust the position and notify the employee, and the employee has the right to refuse.

At the beginning of the signing of the labor contract, the employee takes the name and content of the job position as an important basis for deciding whether to "sign the contract", and after the labor contract is signed, the employee and the employer change from the "equal" status at the beginning of the contract to the "subordination" of the identity, and this relationship between management and management also puts the employee in a relatively disadvantaged position, in order to prevent the employer from abusing the dominant position, the labor law.

Restricting the employer's right to change the contract to a reasonable range puts forward strict requirements for the modification of the labor contract.

Labor Contract Law.

Article 35 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.

This also means that in the absence of special provisions in the labor contract, the adjustment of the position, as an important part of the contract change, must meet two basic prerequisites: 1. The two parties reach a consensus through consultation; 2. Take written form. Both are indispensable, and if the employer unilaterally transfers the employee without consensus, the employee has the right to refuse.

The labor contract shall continue to be performed in accordance with the original agreement.

If the employee is not qualified for the existing position, can he be transferred at will.

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.

The employer shall have sufficient evidence to prove that the employee is not qualified for the existing position, 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.

Target Responsibility Letter" and other documents to support it; 2. The adjusted position should be compatible with the labor ability and skills of the laborer, and maintain a certain degree of reasonableness.