Can The Change Of Employee Positions Be Rearranged?

In March 2014, Xia MOU signed a 3 year labor contract with a cosmetics sales company. In the contract, Xia Mou is engaged in the sales agency work, the salary is the base salary and the Commission, the probation period is 6 months. During the trial period, the sales performance of Xia Mou was mediocre. After the expiry of the trial period, Xia Mou was told that the sale was inappropriate and transferred to the secretarial post. At the same time, because of changing jobs, we need to re try it for 6 months.

The probation period is Worker And the employer's appointment for mutual understanding and choice. The employing unit may stipulate a probationary period with a certain period of time in accordance with the term of the labor contract. At the same time, in order to prevent the employing units from abusing the probation period, the nineteenth clause and second paragraph of the labor contract law stipulates that "the same employer and the same worker can only agree on a probation period". During the probation period, if the worker fails to meet the employment requirements of the employer, and there is evidence that the unit can terminate the labor contract with the employee, it can not be labourers. ability We need to renew the reasons for improving and adjusting posts. Probation period 。

Therefore, when the cosmetics sales company expires in summer, it is not in conformity with the law to reassign the probation period.

Related links:

When I signed a labor contract with a company for five years, the company was located near my home. I also did not pay too much attention to the lower wages on the basis of no need to pay for transportation costs. It has never been thought that a year after the performance of the contract, the company decided to move to hundreds of kilometers as a result of a major adjustment in its operating structure. In view of the fact that if I want to go to work, it is bound to increase more than $300 a month in transportation costs, which has reduced my income. I have asked the company to compensate for it. But the company is able to recruit staff at the new address according to my current wage standard. It is not necessary to refuse for my transportation expenses. Even if I do not agree to go to the new site to work, I will terminate my labor contract and pay me a month's salary as compensation. Is it a breach of contract for the company to unilaterally change my duty place and disagree with the increase of the transportation cost?

The company does not constitute a breach of contract and has the right to refuse to pay additional traffic charges to you.

The twenty-sixth provision of the labor law stipulates: "one of the following situations can be terminating the labor contract by the employer, but the worker himself should be informed in writing thirty days in advance:" (three) significant changes have taken place in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the original labor contract to be fulfilled, and no agreement on changing the labor contract can be reached after consultation by the parties. " The fortieth article of the labor contract law also states: "in case of any of the following situations, the employer can notify the laborer in writing thirty days in advance or pay the employee one month's wages, and may terminate the labor contract. (three) there is a major change in the objective situation on which the labor contract is concluded, resulting in the failure of the labor contract to be fulfilled. After the negotiation between the employer and the laborer, no agreement has been reached on the alteration of the labor contract. "

That is to say, as long as compared with the actual situation when signing a labor contract, it is "a major change in the objective situation", and the employer and the worker can not change the original labor contract through consultation. If the employer gives notice to the worker in writing in advance thirty days or pays the worker one month's wages, the dismissal of the worker will not constitute a breach of contract.

According to the twenty-sixth provision on the provisions of the labor law, "objective circumstances" refer to other situations where "force majeure" or "all or part of the provisions of a labor contract can not be fulfilled", such as enterprise migration, merger, enterprise asset transfer, etc. The relocation of the company due to major adjustment in operation has led to the failure of the original labor contract to continue to perform in situ. Therefore, although you will increase your transportation expenses and reduce your income, if you cannot agree with the company on the basis of negotiation, you can not impose on the company, and the company can dismiss you after paying you a month's salary.