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

不接受调岗是否可以视为旷工?

Can the refusal of position transfer be regarded as absenteeism?

劳动者不服从公司调岗安排，是否可以按旷工处理？

Can an employee be treated as absenteeism if he/she does not obey the position transfer arranged by an employer?

2019.07.17

用人单位能否用两次考评代替培训或调岗?

Can an employer use two assessments in lieu of training or job transfer?

员工不胜任工作，用人单位以先后两次考评来替代培训或调岗是否合法有效？

Is it legal and valid for an Employer to use two assessments in lieu of training or job transfer if an Employee found incompetent?

2019.04.03

公司调岗是否需要签订书面合同变更协议?

Does the company need to execute a written contract modification agreement in the event of a job transfer?

公司近期对某员工调岗，员工同意。双方是否需要签订书面的劳动合同变更协议？

The company recently transferred an employee to another post and the employee agreed to do so. Do the parties need to sign a labor contract modification agreement in written?

2019.02.14

员工以变相转岗为由提出劳动仲裁，用人单位该如何处理？

Where the employee applies for labor arbitration on the grounds of disguised job transfer, what can the employer do?

员工同意裁员，但是要求延长期限，后以用人单位增加工作量属于变相转岗为由提出劳动仲裁。

The employee agreed to the layoff decision but requested a delayed execution. After that, the employee submitted the claim for labor arbitration on the grounds that increased workload was another form of job transfer.

2019.01.31

如何处理哺乳期女职工调岗事宜？

How to deal with affairs of position transfer of female employees in lactation period?

请问我司根据企业生产经营需要对某哺乳期女职工进行调岗，但该女职工拒绝调岗，那么我司对其调岗是否合法？应如何处理？

Our company had to transfer the position of a female employee in lactation period according to the needs of enterprise production and operation, which was refused by this female employee. So is it legal that our company transferred her position? What should we do?

2018.11.08

员工工资是否可以随调岗进行调整？

Can employees’ wages be adjusted upon the transfer of position?

员工调岗后的薪资是否可以低于原来的岗位？按调岗后的岗位同岗同酬？

Can employees be paid less upon the transfer of position? Or should employees be paid equally on the transferred position?

2018.10.18

员工不胜任工作，拒绝调岗的，可否以违反劳动纪律为由解除劳动合同？

Where an employee is incompetent to his/her work yet refuses to accept the adjustment of his/her position, could Company terminate the labor contract on the ground of violating the labor discipline?

用人单位对不胜任员工其进行调岗，但员工拒绝调岗和参加培训，此种情形下用人单位可否以员工违反劳动纪律解除劳动合同？

Where an employer adjusts the position of any incompetent employee, but the said employee refuses such adjustment or corresponding training arranged, whether the employer may terminate the labor contract with the said employee on the ground of violating the labor discipline?

2018.08.16