Does the employee obey the reasonable transfer, does the unit have the right to dismiss?

The actual needs of employers based on business activities

Sometimes I adjust the job of individual employees

If the employee does not agree to adjust the post

Can I refuse to work?

Can refusal to work as absenteeism?

Does the unit have the right to dismiss employees?

Can employees ask the unit to pay financial compensation?

Let's take a look at the following cases.

Basic case

Qin enrolled in the work of fitness coach. The two parties signed a three -year fixed period of labor contract, agreed that Qin's work place was: three gyms, A, B, and B store set up by Yueyou Company. After Qin joined the job, he actually worked in shop A for two years. Later, due to the needs of business, Yuemou Company sent a notice to Qin Mou. The content was to adjust Qin to work. Except for the adjustment of the work location, the work content and salary were not changed. Reported. After receiving the notice, Qin did not agree with the post to transfer, and submitted an application for leave to Yueyong Company the next day. With his fake application, he had not approved the company's approval, Qin did not report to the Store Cop to report to work. Houyue Company sent a notice to Qin twice, asking Qin to go to work and inform him that he could not work to constitute an absenteeism. According to the company's rules and regulations, the company has the right to dismiss it. After receiving the notice, Qin did not return to post. Lou Yue Company sent a notice to the termination of the labor contract to Qin. Qin fired Qin to dismiss Qin.

Qin was dissatisfied with the decision of the company's dismissal and appealed to the labor dispute arbitration committee. After the trial of the Arbitration Commission, the ruling supported Qin to request that the company's request to pay the request of illegal termination of the labor contract 15,000 yuan. Yueyou Company did not accept the ruling results, and then filed a lawsuit with the court, requesting that the order would not pay the above compensation.

Yueyou Company lifted the labor contract with Qin Mou

Is it illegal?

Should I pay compensation?

Court trial

The Court of Huaiyin District of Jinan City considers:

According to the contract, the labor contract signed by the two parties clearly stipulates that Qin's work place is shop A, shop B, and shop C.

As far as the content of the post -adjustment is concerned, the adjustment of the job, salary, and level of the post -adjustment job have not changed. It is only that the place of work has changed. It will have a significant adverse effect on Qin's work and life. Therefore, the adjustment of Qin's posts should be identified as a reasonable transfer behavior based on the autonomy of enterprise employment.

Judging from the basis of lifting, Yueyou Company sent a notice to Qin twice, and Qin still refused to arrive. In the notice of the notice, Yuemou clearly informed Qin that it was an absenteeism that he did not reach the job and was a serious violation of the company's rules and regulations, and the company had the right to dismiss it. According to Article 39 of the Labor Contract Law of the People's Republic of China, in the case of Qin's reasonable adjustment and continuous absenteeism for ten consecutive days, Qin can unilaterally terminate the labor contract.

From the perspective of the lifting procedure, the tuning company's post -tuning company meets the contract, does not violate the law, and has informed the union for the termination of the matter, and sent to Qin to the unclean notice, and the procedure is legal.

In summary, according to the company's internal rules and regulations, the labor contract with Qin was relieved by absenteeism. It did not violate the laws and regulations. Qin requested that Yuemou Company had no legal basis for economic compensation.

In the end, the court ruled that the company to terminate the labor contract without violations of the law, and did not need to pay Qin's economic compensation to Qin. Qin was dissatisfied with the verdict, appealed to Jinan Central Court, and the court of the second instance sentenced to the second instance: rejected the appeal and maintained the original judgment.

▲ Picture source: Photo.com

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As a special civil legal relationship, labor relations not only follow the basic civil principles of voluntary, equality, and negotiation, but also reflect the attributes of management and being managed between employers and workers. The employer is based on the autonomy of employment and has the right to manage and work on the workers according to law according to the needs of the operation. As long as the adjustment of the post is based on the operating needs of the employer, there is no large change in the labor contract agreement, no significant reduction of the wages of the workers, and the adjustment of the post is not insulted and punished, and it does not violate the laws and regulations, that is, It should be identified as a reasonable work arrangement.

If the workers hold objections to the post adjustment of the post, they should carry out rights in accordance with the law, rather than negative confrontation in the way they do not get in the way. Providing labor to employers is the most basic obligation of workers. Of course, absenteeism is a behavior that violates the rules and regulations of the unit. Regardless of whether there is a specific provisions of the unit rules and regulations, long -term absenteeism should be regarded as a serious violation of the rules and regulations of the unit. The unit has the right to dismiss the illegal workers in accordance with the law without paying any economic compensation or compensation.

Of course, if the workers are unreasonable, they should collect good evidence and actively pick up legal weapons to safeguard their legitimate rights and interests.

"Labour Contract Law of the People's Republic of China"

Article 39 If a worker has one of the following circumstances, the employer may terminate the labor contract: (2) If the rules and regulations of the employer seriously violate the employer.

Article Source: Chinese Law

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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