| Based on the production, operation and management, employers often adujst employees'posts and salaries, which is enterprises'internal management mechanism, essentially belongs to the employers'management and autonomic rights. According to the labor contract law the provisions of article seventeenth,work content and reward are the essential provisions of labor contracts. The adjustment of work content or labor remuneration is deemed as the change of labor contract.Labor contract law article thirty-fifth and fortieth provide the law design. One side, the employer and the employee can change the content of the labor contract by consensus. On the other hand, the employer can adjust employees'posts in the following three circumstances.(1) after the set period of medical care for an illness or non-work-related injury, the employee can engage neither in his original work nor in other work arranged for him by his Employer;(2) The employee is incompetent and remains incompetent after training or adjustment of his position;or(3) A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders it unperformable and, after consultations, the employer and employee are unable to reach agreement on amending the employment contract. At present, the provisions on the employing unit adjusts employee job, cannot reconcile either the employing unit autonomy rights or laborer occupation stable. Some of the problems arise in practice.This article discusses on the basis of the employee's post change by analyzing the nature of employing unit rotation command rights .And emphatically analyzes the constraint of the employing units to exercise rotation command. That is how to evaluate the legitimacy and rationality of the rotation behavior. Especially in the financial crisis environment, when the employing units take more social responsibility, the employing units are hoped to change the employee's post and salary , as an alternative to terminate the labor contract .If the parties are unable to agree on the new contract, how to apply the labor contract law correctly. |
