A Researchonthe Legal Regulation Of Position Adjustment By Employers

Due to the needs of production and operation,the employers make adjustments to its workers’ position,which,in principle,is the rational management and optimal utilization to internal labor resources.But in practice,it appears that the employers seem to take the position-adjustment as a means of punishment for the workers,or in the way to force employees to resign in order to save the cost of firing workers.In fact,the unilaterally position transferby employers is a double-edged sword.At the positive edge,the worker’s interests increased,which leads to a win-win statue;at the negative edge,the employee benefits loss,disputes occur.The purpose of the legal regulation of the employer’s unilateral adjustment right is to make a balance between the interests of both parties--employers and employees.Not only the employer’s legitimate business needs to be met,but also the employees would not result in the unequal consequence on account of their unequal status.Since the legislation is very simple,on judging the unilateral adjustments whether have legitimacy and rationality,the Labor Arbitration Commissions and the Courts’ referee often appears quite different,different judgments of court to same-esentences phenomenons often occur.In view of this,this article has carries on the research on the legal regulation of position adjustment by employers,which has academic value and practical significance.In addition to the introduction and conclusion,this articledemonstrates from the following four parts :The first part embarks from the different judgments of the court to same-esentences phenomenons about the employer unilaterally adjusted,posting the details of cases and the trail architecture ideas embodied in the judgment of the trial to pointing out pointed out that the employer in the labor contract generally adds the the rough terms of "frame post unilateral right",and put forward a challenge to protect the legitimate rights and interests of workers.The reason is the applicable circumstances aimed at this item in the laws such as the Labor Law and the Labor Contract Law very little,resulting it difficult for the authorities to apply.Furthermore,the authorities have not post reasonableness criteria to form the idea of unity,which makes different considering factors varying from place to place.The second part starting from the definition of the employerunilaterally adjustment,designating the scope of unilateral right’s limit,and by comparing the employerunilaterally post with unilaterally change the labor contract,it distinguishes the differences.Taking examples of unilateral transform potions related theories of Japan,China’s Taiwan region,this thesis find the traced basis for empowerment transferred right sources.As discussed below,this thesis paves the way to the labor contract law and judicial review,and puts forward suggestions to improve the legal regulation.The third partexercise from two aspects--the legal norms and labor contract judicialreview.The Labor Contract Law and administrative regulations is much too broad and have too much principle provisions,moreover the terms are ambiguous.Even though the labor contract is set the "post right" clause by employers at first,it is also a kind of normativeconstraint to employers used the right in a sense,because it must be subject to judicial review.This part is intends to clarify the reasonable boundary of the employer’s unilateral transfer of positions,which helps to find a balance between the interests of employees and the the employer’s employment rights,so as to achieve a win-win situation for both employers and employees.In the fourth part,the thesis puts forward some suggestions to improve the legal regulation of the employer,which mainly from the two aspects of the legal regulation of the substantive and the procedural regulation of legal entities.The substantive laws and regulations includes the provisions of laws applicable to the case of post thinning unilaterally,clearing the employerunilaterally adjustment reasonableness criteria,collecting in judicial practice typical judicial case to guide judicial adjudication,the legal regulation of labor management program including prudential agreements,setting reasonable position adaptation period,and broadening the legal remedy approaches.