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

企业单方调岗员工不服从的问题？

The issue that employees disobey enterprise’s unilateral transfer of position

我公司某门店因业务下滑，欲调整某一员工到本市内另一门店，该员工不服从调岗并拒绝上班，能否以此解除劳动合同？

Due to a decline in business at some outlet of our company, an employee who is to be transferred to another outlet within the city disobeys the transfer of position and refuses to go to office. Can we dismiss the labor contract thereupon?

2018.07.12

用人单位单方调岗时能否调薪？

Can an employer adjust the salary when unilaterally adjusting an employee's post?

如果劳动者与用人单位因调岗调薪发生争议，用人单位应当对调整劳动者工作内容和工资报酬的合法性和合理性承担举证责任。

If there are disputes between an employer and an employee with regard to post and salary adjustment, the employer should bear the burden of proof for the legitimacy and rationality of adjusting the employee's work contents and salary.

2018.06.28

劳动合同中关于劳动者工作岗位调整的约定条款是否有效?

Whether the clause in the labor contract regarding transfer of an employee's job is valid?

我公司的劳动合同中关于劳动者工作岗位调整的约定条款是否有效？发生相关调岗争议能否在司法实践中得到支持？

Whether the clause in the Labor Contract of our company regarding transfer of our employees' job is valid? Whether the disputes over job transfer can be supported in the juridical prac

2017.06.15

员工被检查出患有岗位禁忌症，公司能否让其调岗?

Can the company transfer an employee who has been diagnosed with occupational contraindication to another post?

如果员工同意，合同继续履行，如果员工不同意，那么就协商解除。 这样做是否可以？

If he does not agree, we will negotiate with him to terminate the labor contract. So my question is, is this line of action feasible?

2017.04.12