Study On The Rationality Of Transfer Behavior Of Employers

At present,there are a lot of disputes about the transfer in Our country.In order to protect the interests of workers,the labor legislation has great restrictions on the transfer of powers and powers of employers.On the contrary,the rules of judicial judgment give the unit of choose and employ persons sufficient space to adjust their powers and powers,and ensure the economic benefits of the unit of choose and employ persons.The problem of transfer involves the change of working place and working content,which is easy to cause the disinterest of laborer’s family life.Therefore,how to strike a balance is the key to solve the dispute.In the process of judicial review,the application of reasonableness standards of transfer behavior of employers is chaotic and there are conflicts among them.At the same time,the court’s review of the transfer clause is too lax,or even ignored.For the above questions,the court should be follow the principle of labor law legislation spirit and,on the basis of the review transfer clauses as transfer behavior,the premise of rationality review strictly examine the contents of the terms of the transfer,to determine the basis of bilateral acceptability transfer clauses,employer and rationality through standard to judge the rationality of unit of choose and employ persons transfer behavior.As to how to refine the criteria for determining the rationality of transfer behavior,this paper suggests that the reasons for transfer,transfer procedure and transfer result should be determined from three aspects.In terms of reasonable reasons for transfer,we can consider whether the transfer behavior is based on the production and operation needs of the enterprise and whether it meets the basic requirements of the post.In terms of the rationality of transfer procedure,it is necessary to examine whether the transfer subject is legal,the negotiation procedure is reasonable and the guarantee procedure is reasonable.In terms of transfer results,the rationality of transfer candidates and post after transfer shall be examined.Job transfer is one of the methods of enterprise human resource management,which can effectively adjust enterprise resources and promote enterprise development.On the one hand,we need to protect the rights and interests of workers.On the other hand,we need to respect the autonomy of employers and enhance their flexibility in employment.Improving the identification of the rationality standard of transfer behavior can make up for the lack of flexibility of the current law in judicial application,maintain the stability of the labor market,and maintain good labor relations,which has practical significance.