Correct handling method of receiving notice of job adjustment

It is quite common to change jobs at work, especially in the teaching and training industry in recent days. As a laborer, how to protect their rights and interests to the maximum extent in the face of the transfer of posts by employers?

1. If you receive the post adjustment notice, raise any objection and show your attitude as soon as possible.

2065438+In July 2005, Mr. Huang of Shandong signed an open-ended labor contract with the company, and agreed to be a supervisor. The labor contract does not stipulate post adjustment, and the company's rules and regulations do not stipulate post adjustment of employees. 2065438+2008 65438+2008, the company made a notice to transfer Mr. Huang from the bidding post. Subsequently, Mr. Huang sent a letter to the company saying, "I strongly oppose the statement that the company illegally adjusts its position and requires the company to perform the labor contract according to law." During this period, Mr. Huang has been working in his original post. Later, the company reduced Mr. Huang's salary according to the new position, and Mr. Huang applied for labor arbitration.

The arbitration held that the company did not reach an agreement with the workers in advance, the workers did not transfer legally, and there was no evidence to prove that the objective conditions on which the labor contract was concluded had changed significantly, which made the labor contract impossible to perform. The company unilaterally adjusts the post of the employee, which violates the law and the employee advocates continuing to perform the labor contract.

2. If the original post has not been revoked, you should continue to work in the original post while raising objections.

Mr. Zeng of Chongqing signed a labor contract with the company, and agreed to be a property manager, working in Chongqing. The company can adjust the working place according to the needs of the work. After Mr. Zeng worked for ten years, the company sent a transfer notice to Mr. Zeng and transferred him to a place outside 100 km. After receiving the notice, Mr. Zeng submitted a statement of unreasonable transfer and continued to work in his original post. After that, the company terminated the labor contract on the grounds that Mr. Zeng did not obey the arrangement and was absent from work. Mr. Zeng applied for arbitration to terminate the labor contract illegally, and the arbitration supported Mr. Zeng. The company refused to accept the prosecution.

The court held that although only Chongqing was agreed, the company can make adjustments, but the company's adjustments should also be justified and reasonable, and cannot be adjusted at will. Now the distance between these two posts is 100 km, and Mr. Zeng's current post has not been cancelled, and the company has no evidence to prove that the production and operation need to be adjusted. The current job transfer will obviously have a major adverse impact on Mr. Zeng's work and life, so the adjustment constitutes an abuse of employment autonomy. After receiving the post adjustment notice, Mr. Zeng issued a situation statement in time and continued to work in the original post, which should not be considered as absenteeism.

3. If the original post is cancelled, don't go to the original post to work passively, and take the initiative to defend your rights if you have objections.

Ms. Wang from Guangdong signed a labor contract with the company as an employee of the purchasing department, and the company can adjust its post according to the needs of production and operation or other reasons. Later, due to the business needs of the company, the purchasing department was cancelled and Ms. Wang was transferred to another office. Ms. Wang disagreed with the transfer and refused to work in the new position. After that, the company issued a notice to terminate the labor contract on the grounds of absenteeism for more than six days. Ms. Wang then arbitrated. Later, because the parties refused to accept the arbitration award and the judgment of the first instance, they went to the second instance.

The court of second instance held that the company was transferred due to business needs, and Ms. Wang's salary did not decrease after the transfer. This transfer is not insulting and punitive, and it is legal. Even if Ms. Wang thinks that the post transfer is illegal, it should be resolved through legal means such as arbitration or litigation.

In a word, the company makes adjustments in the position, salary and work place, even if you think it is wrong, don't take the form of not going to work. It is necessary to raise objections as soon as possible and leave traces in writing. If you think that the company has violated your rights and interests, you should also solve it through legal channels.

But in my opinion, if the salary is not reduced this time, the specific position will not be punitive and insulting, and the new position will adapt and make money, and it will be the same wherever you do it.

Note: Due to the regional nature of labor disputes, there may be some differences in local regulations, so the opinions in this paper are for reference only and not as a basis for decision-making.