Do not agree to mobilize!Employees refused to transfer posts to continue to be fired in the original post -punching card. They asked the company to compensate nearly 50,000. Will the court support?

According to the "Labor Contract Law", employees 'jobs and work content are a must -have content for labor contracts. Employers to adjust employees' job positions need to negotiate with employees and change labor contracts. Many people have encountered the problem of being "transferred" in their work. It is estimated that most people are unwilling when they encounter this problem. The question comes, can the company forcibly adjust the post? Can you refuse if you work? Let's take a look at the following case.

Refusing to adjust the post to continue to punch in the original post to constitute an absenteeism?

According to a civil judgment disclosed by the China Magistrate Document Network, the employees of Wu Mou Group Co., Ltd., from June 20, 2018 to September 30, 2021, the work office is the engineering management post in the company. Salary is 4800 yuan.

The two parties agreed in the labor contract: According to the needs of Party A and engaged in professional functional work, Party A has the right to adjust the positions, levels, power and responsibilities, and labor relationships of Party B according to the needs of the work or the personal ability of Party B. If the job of Party B is adjusted unilaterally, the post adjustment decision shall notify Party B in writing. After receiving the written notice from Party A's post, Party B shall be working on the job in accordance with the notice of the notice. If it is dealt with one day of absenteeism and constitutes a serious violation of discipline, Party A shall have the right to unilaterally terminate the labor contract with Party B ...

On June 30, 2021, the company sent the "Notice of Employee Terring Directors" to Wu. The company adjusted Wu to a project department-engineering post on the grounds of organizing the organizational structure. Changes, the specific work content is arranged by the transfer department. The above mobilization is effective on July 1, 2021. It is required to report to the transfer department before 8:30 am that day.

On the same day, Wu replied to the company that the post after the mobilization was large and the current deviation was large, and he did not agree with the mobilization, and used the OA system to apply for a five -day vacation.

From July 1, 2021 to July 4, 2021, Wu did not go to work in the new department as required.

Picture source: Photo Network 501528569

On July 2, 2021, July 5, 2021, and July 6, 2021, the company sends a reminder notice to Wu Mou; on July 7, 2021, the company issued the "Notice of Labor Contract" to Wu Mou.

On July 14, 2021, Wu Mou filed a labor arbitration to the Changsha Labor and Personnel Dispute Arbitration Commission; on August 23, 2021, the Arbitration Commission made a ruling and determined that the company should pay Wu Mou's salary of 6541.4 yuan and the economic compensation of 49411.5 yuan Essence

The company did not accept it and filed a lawsuit with the People's Court of Kaifu District, Changsha City, Hunan Province.

Court judgment: The company does not need economic compensation

The People's Court of Kaifu District, Changsha City believes that: 1. Due to the management needs of the employer, the organizational structure adjustment has caused the work and position adjustment of the workers and the change of work location. The situation stipulated that the objective situation based on the establishment of a labor contract has changed significantly, which causes the labor contract to be unable to perform ". It is necessary to consider whether the company's salary is reduced, disguised after the position of the company is mobilized, whether the actual changes have been changed. The work responsibilities, the changes in the construction site are reasonable scope, the degree of commuting convenience, whether the traffic subsidy is increased, and whether it is a reasonable and legitimate use of the right to use the right to use the working rights. The adjustment of the comprehensive judgment of the job has a serious impact on the work and life of the workers and sufficient to affect the performance of the labor contract.

If the employer has taken appropriate measures to reduce the adverse effects of post adjustment on the workers, the adjustment of the behavior is not enough to cause the labor contract to be unable to perform, and the workers shall not refuse to provide labor on the grounds.

In the "Labor Contract", the company agreed that the company has the right to mediate Wu's post, rank, power, responsibility, and labor relationship in accordance with the needs of the work or Wu Mou's ability. However, from the actual adjustment, the company has mobilized Wu's work in order to promote the construction of the organization, and did not change Wu’s job responsibilities and treatment. He did not have a substantial impact on Wu's work and life; Wu was unwilling to adjust the post. The post was believed that the post -adjustment positions were mostly on the construction site instead of a house, and he believed that his salary may be reduced in the future. Reasonableness; therefore, the court of first instance believes that the company's work adjustment of Wu is more reasonable and belongs to the act of using the autonomy of the use of work.

Wu is unwilling to adjust his job and place and can make relevant requests to the company, but he still has the obligation to continue to comply with rules and regulations and continue to perform labor contracts.

In this case, the company asked Wu to report to a new post on July 1, 2021, but he refused to perform, but continued to check in in the original position by himself, which did not meet the company's work management requirements. July 1, 2021- During July 4, 2021, Wu did not go to work as required, violated the labor contract, and belonged to the serious disciplinary violations stipulated by the company's attendance system, which complied with the company that the company gave the labor contract. Illegal places do not need to pay Wu Mou's economic compensation.

However, Wu did not accept it and appealed to the Changsha Intermediate People's Court.

Photo source: Photo Network 500598480 Changsha Intermediate People's Court believes that the employer as a market body and appropriately adjust the work and place of work and place of work according to their own production and operation needs. Its normal production and operation is indispensable, but at the same time, the exercise of the self -employment of employers must also meet certain conditions and scope within relevant laws and normal frameworks. If the employer needs to explain the rationality of the transfer to prevent the employer from cracking revenge or forcing workers to resign from the employee through the transfer behavior, that is, to prevent their abuse of the autonomy of employment.

In judicial practice, the rationality of posts or place of work generally considers the following factors:

1. Whether it is based on the production and operation of the employer;

2. Whether it belongs to a large change agreed on the labor contract;

3. Is it discriminatory and insulting to workers;

4. Whether it has a greater impact on labor remuneration and other labor conditions;

5. Whether the workers can be competent for adjustment;

6. After the work location is inconvenient to adjust, whether the employer provides necessary assistance or compensation measures, etc.

In this case, the company signed with Wu Mou's "Labor Contract" agreed to work in professional functional positions, and at the same time, it agreed that the company had the right to adjust Wu's position according to the needs of the work or personal ability. Due to the needs of production and operation, the company has adjusted organizational structure. After many communication and coordination, combined with Wu's willingness to transfer to other provinces, Wu Mou has adjusted Wu from the engineering management post of the design engineering department of the Tongzhu New Materials to The Ministry of Engineering Management Press, the salary and benefit standards remain unchanged, and the change after the change is no more than 3 kilometers from the original work place. The company's post adjustment is in line with the agreement of the labor contract. It does not cause infringement of Wu's workers' rights and interests. It is reasonable. It should be determined that the company is a legitimate behavior of the use of work autonomy.

The company exercises legal autonomy of management and management, and adjusts Wu's jobs under the premise of legitimate and reasonable. For example, if Wu has objections to adjusting the job, it should be resolved by negotiation, and should not be resisted or confronted in a negative manner. However, after Wu sent the "Notice of Employee Movement" to him, Wu was sent to him on July 2, July 5, and July 6, 2021. From July 1st to July 6th, it has not been reported to a new job and did not perform legal leave procedures. It is a negative and idle behavior. If there is facts and legal basis, it should be legal. The court in the first instance determined that the company did not need to pay Wu Mou's economic compensation, and the handling was not improper, and the court supported it.

Daily Economic News

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