When the labor contract signed between the employee and the employer stipulates that "the employer can adjust the employee's position based on business conditions." Then, if the actual operating conditions of the employer change and there are valid reasons, the position can be adjusted unilaterally. Unless the laws and regulations can change the situation, the employer should obtain the consent of the workers when adjusting the positions of workers, and must follow the standards of consensus and voluntary fairness. Some employers write in the labor contract that "employees must unconditionally obey work adjustments." This is contract fraud and is useless.

It is difficult to determine whether an employee is "volunteer" during the operation of the activated position. Therefore, generally speaking, as long as the fact of the transfer occurs for more than one month and the employee does not raise any objections to the transfer during this period, If you apply for trade union negotiation or labor arbitration, you will be assessed as a "default transfer". Under such circumstances, if the employee cannot provide evidence to prove that he has expressed his unwillingness to be transferred and was transferred under coercion or deception, it will be difficult to sue the company for illegal transfer.

The company has an article in the factory reset labor contract. After you sign this agreement as an employee, it means that the company has gained some rights to unilaterally adjust your position. From this It is reasonable to observe from this angle; but it does not mean that you can transfer positions and reduce salary at will. It is useless to observe from this angle. With an agreement, the company has the right to unilaterally transfer positions. In the actual transfer process, it also depends on whether it is rational. For example, whether the company has taken into account factors such as whether the transferred employee's work ability, energy, and income are significantly reduced. The company Is the situation humiliating? General fixed-format labor contracts have such clauses. If you don't sign, you may not have the opportunity to recruit new employees; if you sign, it doesn't mean that the company has the right to transfer and reduce wages at will!

If the labor contract stipulates that the company will adjust the employee's position and salary due to work needs or business conditions, and stipulates that the salary will become more standardized according to the position, or the management system has been announced to employees This standard has been agreed upon in the new position, and the company can clarify the salary and benefits based on the salary and benefit standards corresponding to the new position. If the two parties do not agree on the standard for salary changes with positions, the company cannot make arbitrary adjustments to employees' salaries. Even if the labor contract stipulates that the company can adjust the position, salary, etc. of employees according to the needs of business operations, it does not mean that the company can adjust it at will. If a company takes this opportunity to deliberately force or ban employees, employees can use legal consumer protection to protect their rights.