Although the work content belongs to the necessary terms of the labor contract, the change of post should generally be agreed through consultation, but according to the second paragraph of Article 40 of the Labor Contract Law and the judicial practice in various places. In the following two cases, employees should obey the company's work and death adjustment:
1. There is evidence that the laborer is not competent for the job;
Two, the employer to adjust the workers' jobs, which is really necessary for production and operation, is not insulting and punitive, and the working conditions are not reduced, which does not violate the law.
Labor Contract 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 extra month's salary:
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
Guangdong Higher People's Court and Guangdong Labor and Personnel Dispute Arbitration Commission
Summary of the symposium on several issues in the trial of labor and personnel dispute cases
June 20 12 2 1
22. If the employing unit adjusts the post of the laborer and meets the following circumstances, it shall be deemed that the employing unit exercises the right of employing people according to law. Workers who request to terminate the labor contract and ask the employer to pay economic compensation on the grounds that the employer has adjusted their jobs without authorization shall not be supported:
(a) the adjustment of workers' jobs is the need of the employer's production and operation;
(two) after the adjustment of the post, the wage level of the employees is basically the same as that of the original post;
(3) Not insulting and punitive;
(4) There is no other violation of laws and regulations.
If the employer does not have the circumstances specified in the preceding paragraph when adjusting the employee's post, and the employee has not explicitly raised an objection for more than one year, and then requests to terminate the labor contract and ask the employer to pay economic compensation in accordance with the provisions of Item (1) of Paragraph 1 of Article 38 of the Labor Contract Law, it will not be supported.
Zhejiang Higher People's Court
Opinions on Several Issues Concerning the Trial of Labor Dispute Cases (for Trial Implementation)
Zhefa Minyi (2009) No.3
Article 42 When an employer adjusts the post of a laborer, it shall generally obtain the consent of the laborer. If the main contents of the labor contract do not change, or the change is necessary for the production and operation of the employer, and has no adverse impact on the remuneration and other working conditions of the employee, the employee has the obligation to obey the arrangement.