员工拒绝调岗继续在原岗打卡，公司该如何处理？

If an employee refuses to be transferred and continues to punch in at the original position, what should the company do?

本案中，员工作业资质证件过期，公司为其另行安排工作岗位，员工拒绝调岗后仍在原岗位打卡，公司解除是否违法？

For the case at hand, the company arranged another position for the employee since his qualification certificate expired, but the employee refused and continued to punch in at the original position, so the company terminated labor relations with him. Does it constitute wrongful termination?

2022.06.23

原部门取消，公司可以强制给员工调岗吗？

Can the company force employees to be transferred after the original department is abolished?

原部门取消，给员工调岗至与原部门工作内容类似的部门，员工不接受，公司可以强制调岗吗？

Can the company force employees to be transferred to a department with similar job contents after the original department is abolished?

2022.05.19

部门撤销，劳动者拒绝调岗属于旷工吗？

Can an employee’s refusal to job transfer be deemed as absenteeism when the department is dissolved?

本案中，部门被撤销后，劳动者经多次催告未到人力资源部报道，单位以劳动者旷工为由解除劳动合同合法吗？

In this case, after the department was dissolved, the employee failed to report to the human resources department after repeated reminders. Is it legal for the employer to terminate the labor contract on the grounds that the employee was absent from work?

2022.04.14

岗位所在部门或业务取消，是否可以调岗或解除合同？

If the department or business of the position is candled, whether the position can be transferred or the contract be terminated?

部门取消所导致的岗位消失，应属于客观情况发生重大变化，企业不仅可以调岗还可以解除合同，这种理解是否正确？

The position disappearance caused by the cancellation of the department belongs to the great change in objective conditions, so the enterprise may transfer the position or terminate the contract. Is it correct?

2022.03.10

公司单方调岗，员工解除劳动合同是否合法？

Is it legal for an employee to terminate the labor contract in case that a company transfers the post unilaterally?

员工业绩不达标，公司与员工未协商一致单方将其从销售岗调整至行政岗，工资保持原岗位水平不变。员工不同意，是否可以向公司发《解除劳动合同通知》并索要经济补偿金？

The company unilaterally transferred the employee from the sales post to the administrative post without reaching consensus with the employee for the employee’s performance was not up to standard, and the salary remains unchanged at the original post level. May the employee disagreeing with such transfer send a Notice on Dissolution of Labor Contract to the company and ask for the severance pay?

2021.12.09

用人单位可单方决定调整员工的岗位吗？

May an employer decide to adjust an employee’s position unilaterally?

实践中一般认为，只要是出于生产经营的需要，用人单位可以行使用工自主权，那么，用人单位可单方决定调整员工的岗位吗？

In practice, it is generally believed that an employer may exercise the employment autonomy for production and operation needs. So may an employer decide to adjust an employee’s position unilaterally?

2021.11.25

新岗位存在职业危害，员工能否拒绝调岗?

May an employee refuse post transfer if exposed to occupational hazards on a new post?

将员工调岗但未告知新岗位的职业危害，员工可以拒绝上岗吗？

May an employee refuse to take up a new post if he or she is transfered without being informed of the occupational hazards on the new post?

2021.04.29

公司可否根据生产经营需要单方调岗?

Is it reasonable for the company to transfer positions unilaterally on the basis of its need for production and operation?

公司现在进行生产经营调整，有些员工需要进行调岗，请问公司可否根据生产经营需要单方调岗？

The company is now making adjustment in production and operation such that some employees shall have to experience a transfer-position. Can the company transfer positions unilaterally on the basis of its need for production and operation, please?

2021.01.07

员工不胜任工作调岗能否降薪?

Provided that the employee is incompetent for his/her job, can his/her salary be reduced after his/her position is transferred?

用人单位对不胜任员工进行调岗时能否调整其薪资？

Can the employer adjust the salary while transferring incompetent employees’ position?

2020.12.10

拒绝新岗位并终止劳动合同，可否主张经济补偿?

Is an employee entitled to claim severance pay if he refuses a new job and terminate the labor contract?

员工拒绝公司提供的新岗位，并未再上班。主张经济补偿能否获得支持？

The employee refused the new job assigned by the company and did not show up again. Will his claim for severance pay be supported?

2020.11.04

劳动者已出现职业病症状，拒绝调岗怎么办?

What shall a company do when one of its employees having developed symptoms of occupational diseases refuses transfer-position?

员工已出现职业病症状，公司多次要求调岗遭拒，怎么办？

What shall a company do when one of its employees who has developed symptoms of occupational diseases refuses the company's request for transfer-position several times?

2020.09.10

如此调岗合法吗?

Is such transfer-position legal?

公司将员工从驾驶员岗位调至车间操作工，该员工未按约定报到，公司解除劳动合同合法吗？

The company transferred one of its employees from the driver position to the workshop operator position. As the employee failed to report for duty as stipulated, is it legal for the company to terminate the labor contract?

2020.05.21

因疫情影响，单位有权进行调岗并降薪吗?

Due to epidemic impacts, does the employer have the right to make position transfer and reduce pay?

因疫情影响，用人单位可否对劳动者进行调岗并降薪？

Due to epidemic impacts, does the employer have the right to transfer employees and reduce pay?

2020.02.13

工伤后复岗，公司能否对其调岗?

Can the company reassign the employee after he/she returns to work from a work-related injury?

职工工伤后复岗，无法从事原工作，伤残鉴定为8级。公司能否对其进行调岗、适用新岗位的薪酬（新岗位的薪酬比旧岗位低），法律依据是什么？

One of the company's employees returned to work from a work-related injury. However, such employee was identified with a grade 8 disability and was unable to perform the original work. Is it legal for the company to transfer such employee's job and apply the salary of a new position (the salary of new position is lower than that of the old one)? What is the legal basis?

2019.10.24

劳动合同约定“公司有权调岗降薪”合法有效吗?

Is it legal and effective to stipulate in the labor contract that "the company has the right to adjust the post and reduce the compensation"?

公司在劳动合同中约定“公司有权根据需要调整工作岗位与薪酬”，这种约定合法有效吗？

Is it legal and effective for the company to stipulate in the labor contract that "the company has the right to adjust the post and compensation according to actual needs"?

2019.10.17