Things that enterprises need to pay attention to when transferring employees in the workplace, we can often find that some enterprises will force employees to transfer their posts and then dismiss them because they do not meet the job requirements. In fact, enterprises can't transfer their employees at will. Share with you the things that enterprises need to pay attention to when transferring employees. Interested friends should come and learn about it.

Things that enterprises should pay attention to when transferring employees 1 Things that enterprises should pay attention to when transferring employees.

1. Does the employee need to obey unconditionally when the enterprise makes the decision to change jobs?

The answer to this question must not be so absolute, and it needs to be treated differently according to the reasons for changing jobs. According to the law, if an employer wants to transfer a post, it must negotiate with the employee in advance or make an agreement in the labor contract in advance. At the same time, under certain legal conditions, the employer can also make a unilateral decision, such as the laborer can't engage in the original job after the medical treatment expires, the laborer is incapable, the objective situation of signing a labor contract has changed greatly, the laborer is identified as level 5 or level 6 disability due to work-related disability, the female employee during pregnancy has to reduce the workload or arrange other adaptable jobs, and the laborer is not suitable for the original post due to his physical health.

In these cases, the employer has certain autonomy in employing people and can terminate the labor contract in some cases. If the employee is still incompetent after training, the employee had better obey the arrangement of the employer. In addition, if the employer fails to reach an agreement with the employee in advance, it is likely to constitute illegal post transfer, and the employee has the right to refuse the post transfer request.

2. Is the agreement in the labor contract that the post can be transferred at any time valid?

According to the Labor Contract Law, the post is a necessary clause in the labor contract. If the employer wants to change the necessary terms of the labor contract, it must negotiate with the employee. Although some enterprises stipulate in the labor contract that the employer has the right to adjust the post at any time for its own convenience or adjust the post appropriately according to the company's operating conditions. But this agreement itself does not conform to the provisions of the labor law. Therefore, workers have the right to refuse the employer's job adjustment requirements. Even if the employee agrees, the employer should provide him with necessary training. If an employee can't adapt to the new post requirements after post adjustment, it can't be used as a reason to terminate the labor contract.

Third, is short-term rotation reasonable?

Rotation is different from post adjustment. Because rotation is often short-term, post adjustment is to completely change workers' jobs, but rotation should also be limited. First of all, rotation is definitely necessary. For example, the current work of workers is comprehensive and needs to involve multiple positions. At this time, you can rotate jobs and understand the job requirements of different positions. And the rotation has a certain time limit. Although it is not stipulated by law, it should not be too long in general, especially not more than three months. Finally, rotation cannot affect the wage income of workers, that is, the income level of workers cannot be reduced because of rotation.

4. Can employees be transferred at will if they are incompetent?

If an employee is not qualified for the existing post and fails to pass the company assessment, the enterprise has the right to adjust his post, and of course, he can also choose to strengthen job training. Post adjustment is not "arbitrary", but must be fully reasonable, that is, the adjusted post should be related to the post before adjustment and adapt to the labor ability, specialty and skill of the workers; When enterprise HR makes post adjustment, it should also pay attention to retaining relevant evidence, such as incompetent job evaluation records and written post adjustment notices, and also require employees to sign for confirmation.

Five, after the cancellation of the department, the transfer is legal.

In practice, after a period of operation, employers need to make major adjustments to their departments, or they can't merge departments with others, or directly cancel the original departments and divide people into other departments. For the cancellation of the department, it is necessary to analyze the situation and grasp the principle that the jobs adjusted by workers are consistent with the original work content. If the departments are merged, but the employees are still engaged in the original work, there will be no big problem at this time. However, if the department is directly cancelled, for example, the original design department is changed to the marketing department, the work content of the workers will be completely changed at this time, and the workers have the right to refuse. In addition, even if the laborer agrees to a new job, the employer should provide him with the necessary training to enable him to have the necessary work skills.

6. Can employees' income be adjusted through post adjustment?

The answer is no! Work content and salary standard are both necessary clauses in the labor contract. If we want to change them, we must get the consent of the workers, and without the consent of the workers, the wage standard can only be flat or rising, not falling! For some employees with floating income, there may also be a decrease in income. For example, employees used to be in the sales department, and their income consisted of basic salary and performance salary, which was twice as high as the basic salary on average. If transferred to the administrative department, the salary is only the original basic salary. At this time, there is a danger of reducing employees' income and violating labor contracts.

7. After the transfer, does the labor contract need to be re-signed?

When a company transfers its employees, it does not terminate the original labor contract and re-sign the labor contract, but changes the labor contract in nature. If the original labor contract is dissolved and a new labor contract is signed, it will lead to the potential risk of legal open-ended labor contract after the second labor contract. According to Article 35 of the Labor Contract Law: "The employer and the employee can change the content of the labor contract through consultation. Changes to the labor contract shall be made in writing. " Therefore, the unit shall, after reaching an agreement with the employees, make written changes to the post agreement clauses in the original labor contract. In case of post adjustment between affiliated companies, a secondment agreement is also required.

The transferred employee may not be suitable for the current job in some ways. Decisions made by leaders and companies based on their understanding of employees' abilities are also beneficial to employees in some ways. They can learn from each other's strong points, give play to their own advantages and know their own shortcomings, so as to improve their study more pertinently.

Things that enterprises should pay attention to when employees change jobs II. Matters needing attention when adjusting posts and wages.

1. Analyze the pros and cons and think hard.

Modern human resource management pays attention to common development and emphasizes "humanized management". On the issue of job transfer, we should first consider the overall work arrangement of the company and whether job transfer can really promote the overall development of the company. At the same time, it is necessary to comprehensively evaluate the basic situation of employees, such as academic qualifications, majors, qualifications and work experience. On the one hand, it is necessary to evaluate whether the employee is competent for the new position to achieve the purpose of job transfer, on the other hand, it is necessary to evaluate whether the position is suitable for the career development of the employee and what kind of promotion and influence it will bring to the employee. These are all related to the effect of post adjustment and need to be considered first.

2, careful decision-making, first.

After fully weighing the pros and cons, making a good decision is the next key. The company shall establish a reasonable personnel deployment system and submit it for approval according to certain procedures. The human resources management department should report all the contents of the post transfer design to the leaders, including advantages and disadvantages, significance, new and old post arrangement, salary and treatment, handover, etc., to ensure the accuracy of the company's leadership decision-making in deployment and lay a good foundation for future work and dispute prevention and control.

3, empathy, effective

Post adjustment and salary adjustment are often directly related to the vital interests of employees. Therefore, when operating, we must stand in the perspective of employees and think for them. Through empathy, we can better understand employees' ideas, promote the mobilization of employees' enthusiasm, and accumulate vegetarian dishes for interviews in order to gain greater understanding and support from employees.

4. Be well prepared and talk about skills

Before making a deployment decision, you need to prepare some materials, such as sorting out and analyzing the sufficient reasons for adjustment, the basis for selection, drafting the employee post transfer agreement, conversation record, deployment notice, previous payroll and adjusted salary grade, employees' past performance and materials that can fully explain the benefits of deployment, so as to use them in the interview.

5. Friendly interview and good attitude.

The key to the success of post adjustment is not to adjust employees to a certain post, but to serve the enterprise as always or even harder after adjustment. Getting the support of employees is the key step of post adjustment.

From the management point of view, the prerequisite for obtaining support is good communication. When an enterprise decides to adjust its employees' positions, it should communicate effectively with employees in time to gain their support. In practice, interview is undoubtedly an effective method. Through interviews, we can exchange our understanding of this issue and seek common ground while reserving differences, so as to achieve the ultimate goal.

Pay attention to: 1, and listen as much as possible; 2. Don't change your decision easily; 3. initiative and kindness; 4. The atmosphere is equal and harmonious; 5. Keep records.

6. Signing an agreement is very important.

Signing a change agreement is the requirement of labor relations management for legal procedures of post adjustment, which is of great significance for safeguarding the legitimate rights and interests of both parties and preventing disputes in the future. It is suggested that the rights and obligations of both parties, post name, arrival time, responsibilities and authority of the new post, on-the-job training and assessment, salary adjustment that may be involved after post adjustment, etc. should be clearly defined in the agreement. The language should be standardized and concise as far as possible. The agreement is made in duplicate, with each party holding one copy.

7. Pre-job training is essential.

After job transfer, the employer is obliged to arrange pre-job training out of the responsibility for the post and employees. The contents generally include: the description of the new job (responsibilities, authority, conditions), the operation process of the new job, the professional knowledge related to the new job, etc. , can be carried out by combining centralized training with teaching. Through the method of making and implementing teaching plan, training is carried out at work, so the effect is often better, and the official post will be held after training and assessment.

8, strengthen the assessment, to ensure that

For employees in new positions, it is especially necessary to increase the frequency and depth of assessment. According to PDCA cycle principle, deployment behavior can be verified and monitored, which makes management behavior in a closed link. When problems are found, corrective and preventive measures can be put forward in time. In terms of assessment skills, we should focus on the adaptability to the post and the completion of post indicators, which can be combined with key event method, behavior anchor quantitative table determination method and pairwise comparison method.

9. the basis is sufficient and can't be wrong.

All kinds of data related to post adjustment should be carefully analyzed and properly preserved, especially for those employees who are considered incompetent for their original posts because of poor performance, because this is an important basis for the possible termination of contracts in the future.

10, prevent disputes, don't underestimate it.

Post adjustment and wage adjustment are one of the focuses of current labor disputes. The key lies in the post adjustment and the resulting salary adjustment, which is directly related to everyone's most fundamental economic interests. To prevent disputes, we should start from our daily work, mainly in the following two aspects: (1) Strictly follow the above procedures, and leave clear evidence at every step; (2) In strict accordance with national laws, clearly stipulate the issues of post adjustment and wage adjustment in the labor contract, and seek help from external experts at critical moments.