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

员工医疗期满后，单位在什么情形下可以解除劳动合同?

Under what circumstance(s) can the employer rescind the labor contract after the employee’s medical treatment period expires?

医疗期满后，单位是否需要为无法返岗工作的员工另行安排其他岗位？未另行安排其他岗位直接解除劳动合同是否违法？

After the medical treatment period expires, need the employer assign another Job for employees who are unable to return to work? Is it illegal to rescind the labor contract immediately instead of assigning alternative Jobs?

2020.12.24

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

工伤员工自行转往非定点医院，产生的医疗费怎么办?

How to address the medical fee incurred as an employees with work-related injuries is transferred to a non-designated hospital by himself without approval?

劳动者自行转往非定点医院产生的医药费，单位需要承担吗？

Shall the employer bear the medical fee incurred as its employee is transferred to a non-designated by himself without approval?

2020.11.26

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

从母公司到子公司，员工工龄如何计算?

How should the length of service be calculated if an employee is transferred from the parent company to a subsidiary?

从母公司调至子公司，员工工龄要合并计算吗

When an employee is transferred from the parent company to a subsidiary, should the employee’s length of service be consolidated?

2020.08.20

用人单位安排员工待岗，员工离职能要求经济补偿吗?

Can employees claim severance pay if the employer arranges employees to await Job assignment?

用人单位要求员工待岗，员工被迫辞职是否有经济补偿？

The dispute of this case lies in whether employees can claim severance pay if they are forced to resign after the employer require them to await Job assignment.

2020.07.09

医疗期内，用人单位不得随意解除劳动合同!

Employer can’t rescind the labor contract at discretion during the medical treatment period!

劳动者出院后未再提交请假单，单位以其不适合工作岗位且严重违反劳动纪律和规章制定为由解除劳动合同违法吗？

Is it illegal that the employer rescinds the labor contract for the reason that the employee who fails to submit a written request for leave after being discharged from hospital is not eligible for the Job position and that he has seriously violated the labor discipline and regulations?

2020.06.04

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

安排到分公司上班，工作年限怎么算？

How should the work seniority be calculated when the employee is dispatched to the branch?

本案的争议焦点是，劳动者非因本人原因从原用人单位被安排到新用人单位工作的，劳动者在原用人单位的工作年限是否应当合并计算为新用人单位的工作年限。

The focus of the dispute in this case is whether the employee’s service length with the original employer shall be consolidated into his/her service length with the new employer where the employee is transferred to a new employer for reasons not attributable to himself/herself.

2020.01.16

退役军人军龄是否计为工龄?

Shall the length of military service of an ex-serviceman be counted towards working years?

退役军人未接受政府安排的工作，另寻单位就业，其军龄是否计为工龄？

Rather than taking the Job arranged by the government, the ex-serviceman was recruited to another working unit. Is the length of military service counted towards working years?

2019.11.07

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

用人单位如何应对劳动者拒绝工作交接?

How should employers deal with employees’ refusal on work handover?

劳动者拒绝工作交接，用人单位应该如何处理？

What should employers do if the employees refuse to hand over their Jobs?

2019.09.05