In the market economy environment, whether it is a large enterprise or a small company, the management of the enterprise will make corresponding adjustments due to business changes, and the original departments of the company will be merged or shut down, which will lead to the change of the original jobs and the transfer of employees, which belongs to the needs of enterprise management; In reality, there are also a few enterprises, in order to achieve the purpose of layoffs, cancel or change the original jobs, maliciously mobilize employees and force them to resign voluntarily. No matter what the reason, if enterprises and employees negotiate to change jobs, labor disputes will be avoided. Unfortunately, in reality, when transferring jobs between units and employees, most units did not negotiate with employees, and forced arrangements were adopted, which eventually led to the inability of both parties to negotiate. Most employees who are in a weak position do not choose appropriate ways to protect their rights, such as some who do not go to work, and finally put themselves in a passive position, and the opportunity to successfully safeguard their legitimate rights and interests is lost.

Today, we will share with you a real case (case No.20 17 Yue 03 Min Zhong No.2049). Due to the company's arrangement of post transfer, the employee was dismissed by the company and competed for the post and did not go to work. Is the employer's behavior illegal? Is it necessary to give employees financial compensation?

★ Zhang joined a futures company in Shenzhen from 2065438 to July 2005 as a sales manager in Shenzhen. 2065438+In March 2006, the company issued a notice of post adjustment, relieved Manager Zhang from his post and transferred to Beijing brokerage business headquarters. Zhang said that the company jumped ship unilaterally and refused to recognize it. Zhang did not accept the arrangement that the company transferred back to Beijing headquarters. When negotiating the work arrangement with the company, Zhang did not punch in according to the company's regulations after taking annual leave on May 4, 2006. The company dissolved the labor contract relationship between the two parties on the grounds that Zhang seriously violated the rules and regulations. Zhang applied for arbitration and asked the company to pay compensation for the illegal termination of the labor contract. The Arbitration Commission did not support Zhang's arbitration request, and Zhang refused to accept it and filed a lawsuit with the court.

★ The court held that after taking annual leave in May 20 16, Zhang did not go to work normally in the Shenzhen sales department, and his behavior constituted absenteeism, which seriously violated labor discipline. Therefore, it is not illegal or improper for the company to terminate the labor contract between the two parties on May 26th, 20th/KLOC-0th/6th on the grounds that Zhang seriously violated the rules and regulations. Zhang's claim for compensation for illegal termination of the labor contract has no factual and legal basis, and the court of first instance does not support it.

★ Zhang refused to accept and appealed to the Shenzhen Intermediate People's Court. The court of second instance held that Zhang did not accept the arrangement that the company was transferred back to the Beijing headquarters, and should also return to the Shenzhen office address of the company in accordance with the company's rules and regulations during the negotiation of work arrangements with the company. However, after Zhang took his annual leave, he didn't punch in according to the company's regulations and was absent from work for more than ten days, which seriously violated the rules and regulations. On this ground, it is not illegal or improper for the company to terminate the labor contract between the two parties. There is no factual and legal basis for Zhang to claim that the labor contract is terminated illegally, and the court of second instance does not support it. The judgment dismissed the prosecution and upheld the original judgment.

★ After receiving the judgment of the court of second instance, Zhang applied to the Guangdong Higher People's Court for retrial. After examination, the Higher People's Court held that Zhang did not accept the company's post transfer arrangement and could negotiate with the company on this, but he should abide by the rules and regulations of the employer. During the negotiation of work arrangement between the two parties, Zhang Wu failed to punch in according to the company's regulations, so it is not improper for the company to terminate the labor contract between the two parties accordingly. The court of second instance did not support Zhang's claim of illegal termination of the labor contract.

★★★★★★★★ Lawyer's comments ★★★★★★★★

★ The employing unit adjusts the post or work place of the laborer according to the needs of production and operation. Without explicitly refusing and retaining evidence, employees neither report to their new posts nor go to work at their original posts. This kind of confrontation is a fatal risk for workers. It is unexpected that the employer terminates the labor contract on the grounds of absenteeism. The unit fired him.

★ The company thinks that employees do not need to pay economic compensation for absenteeism and dismissal, while employees think that the company should pay economic compensation for transferring posts. Disputes between the two sides for this purpose mostly ended in employees losing the case.

★ If the laborer has any objection to the adjustment of the post, it shall be settled through consultation and shall not be passively resisted or confronted. Therefore, if the employee fails to report to the new post or attend the original post, it is a serious violation of discipline according to the rules and regulations of the employer, and the employer can terminate the labor contract with the employee.

★ We suggest that it is unreasonable to adjust the post in the unit, and solve it through consultation first, instead of passive resistance or confrontation. If no settlement can be reached through consultation, it shall be made clear in writing as soon as possible that it will not accept the post adjustment arrangement, and at the same time, it shall seek help from the local labor inspection department or apply for labor arbitration to safeguard rights.