An Analysis Of Deng Mou’s Labor Dispute Case Against A Beijing Property Company

The labor contract is an indispensable element in social labor relations.The labor contract is the connection between the employer and the labor in the society,it is the basis for the employer to use the labor rights and it is also a guarantee for the laborers to protect their rights,both parties need to exercise their rights and perform their obligations in accordance with the content of the labor contract.But in practice,even if there is a labor contract,there will also be various disputes between the two parties,sometimes this controversy may only come from common transfers.When an employer implements unilateral job transfers on the grounds that workers are not competent,what are the requirements for the employer to recognize "incompetent work",how should employers use labor autonomy in the transfer of posts,how can the judiciary determine the result of the unilateral transfer of employment by the employer on the premise of the actual performance of the worker,all need to be confirmed in accordance with legal requirements and universal standards.Therefore,after understanding the meaning of "incompetent work",the criteria for determining "incompetent work" should be clarified,which can be used as a reference when judicial officers determine the effectiveness of an employer’s unilateral job transfer.In addition,it is important to strictly distinguish between unilateral job transfers in the autonomy of employment and those involving labor contract changes,according to the legality and rationality standards that unilateral job transfer needs to meet in the induction of employment autonomy,combined with the provisions of the law on the limits of job transfer,it can provide a new perspective for judicial officers when determining the autonomy of employment.Besides,after the employer unilaterally changed the labor contract,the judicial officer should review whether the laborer has actually performed the work in the new post,and he should also change his thinking of changing the contract in writing and fully combine the content of the actual performance between the two parties to determine the effectiveness of the unilateral post transfer results.In general,by accurately grasping the application of relevant laws and regulations,unifying practical standards that meet the legislative purpose of the law,and using the rights conferred by the law in a reasonable manner,relevant disputes between employers and workers will be better resolved.