[Practical Q&A] Q: Hello Lawyer Hua, may I ask: Our unit’s rules and regulations are clear. If employees have serious warnings, the company will give job transfers. Is it legal?

[Practical Q&A]

Q:Hello Lawyer Hua, may I ask: Our unit’s rules and regulations are clear. If employees have serious warnings, the company will give job transfers. Is it legal?

A: First, the change of the main content of the labor contract involves job transfer and salary reduction, which requires consensus between the two parties. In some cases, employers can make unilateral transfers when they have proven to meet the right to self-operate management, but the salary should not be adversely changed for the transfer of jobs to self-management.

Second, employee violations are not a statutory reason for transferring and reducing salary. Even if the employer's rules and regulations have similar agreements, it is likely that the unit's rules and regulations do not agree that the content of the unit's rules and regulations does not comply with the legal provisions. Moreover, your company has given a "serious warning" to employees' behavior, and once again gave job transfer and salary cuts, which also involves the basic principle of "no punishment for one thing".

3, legal basis: Article 35 of the Labor Contract Law of the People's Republic of China, employers and workers may change the contents of the labor contract agreement. Changes to labor contracts shall be in written form. The changed labor contract text shall be held by the employer and the employee.

[Management Tips]

If the employer communicates with the employee who violates discipline in advance, the employee will eventually sign a confirmation letter of change of the labor contract. In this case, if the new changes in the position are involved, it may be determined that the agreement reached by the two parties will no longer support the employee's claim of restoring the original position and the salary difference.

Statement: The content of the article is for reference only and is not intended as a legal opinion for specific cases.