Research On Legal Issues Of Unilateral Transfer Of Employment By Employer

With the continuous promotion of the Internet economy,the labor demand of employers is becoming increasingly unstable.In labor contracts or enterprise rules and regulations,employers often use the economic and social benefits to make general appointments or set ambiguous clauses in order to achieve the legal purpose of the employer's unilateral job transfer behavior.However,the rationality still needs to be researched,which undoubtedly shows that China's norms on unilateral job transfer behavior of employers are not perfect.In view of this,this paper adopts normative analysis,comparative analysis,literature research and other methods to study the legal issues related to the unilateral adjustment of labor positions by employers,which has strong academic value and practical significance.The full text is divided into four parts to study the legal problems of the unilateral job transfer behavior of the employer.The first part is an overview of the unilateral job transfer behavior of the employer.The unilateral job transfer behavior of the employer is limited to the change of job positions within an employer,and the scope of the change is usually smaller than the scope of the work content that must be specified in the labor contract,so the adjustment of the position does not necessarily lead to the content of the labor contract.Changes.In terms of legal nature,this article supports the definition of limited consensus,which can balance the protection of the interests of both employers and employees.The second part discusses the relevant regulations on the transfer of employment by employers in Russia,the United States and Germany.In the labor contract,set up independent clauses for some special skills positions and production and management issues;in the form of a new offer,change the conditions agreed in the original labor contract to reach an agreement.The employer's explicit notification obligation allows the workers to clearly grasp themselves Objections to changes in rights and obligations;a complete legal system for labor supervision are worth studying.The third part analyzes China's legal basis for regulating the employment transfer of employers and combines with the judicial guidance issued by some local courts.From the unclear agreement in the contract,the lack of a unified standard for determining rationality,the incomplete procedures and the inadequate supervision mechanism Several aspects raised the existing problems of unilateral job transfer by theemployer.The fourth part proposes solutions to the existing problems of the unilateral job transfer behavior of the employer.First,regulate the agreed content of the labor contract.The labor contract is the foundation of the existence of labor relations,so it is necessary to solve the problem from the root.Second,the establishment of a unified refereeing standard for determining the reasonableness of the employer's unilateral job transfer behavior.Different judgments in the same case are not conducive to judicial fairness and justice.Third,fill the loopholes in the employer's pay adjustment procedures.Rigorous procedures are a powerful support for the perfect interpretation of content.Labor remuneration is the primary issue for the protection of workers' interests and cannot be ignored.Fourth,strengthen the means of supervision over unilateral job transfers by employers.Establish and improve the internal control mechanism of employers,and improve the enforcement of labor by administrative departments.We must not only fully safeguard the rights and interests of laborers,but also give the employers maximum autonomy in operation.We can increase employment flexibility,alleviate the contradiction between the current broad labor legislation and the complexity of actual operational needs,promote the continuous improvement of China's labor laws and development.