Beijing Municipal Higher People's Court and Beijing Municipal Labor and Public Personnel Dispute Arbitration Commission, Answers to Questions on the Application of the Law in the Hearing of Labor Dispute Cases

北京市高级人民法院、北京市劳动人事争议仲裁委员会关于审理劳动争议案件法律适用问题的解答

September 16, 2017 | BY

Susan Mok &clp articles &

Worker's positions may not be changed arbitrarily.

Clp Reference: 2400/17.04.24 Promulgated: 2017-04-24

Issued: April 24 2017

Main contents: The Answers expressly state that the work positions of workers may not be changed arbitrarily, a change of job effected by an employer is to be essential for the business operations of the employer, the purpose is legitimate, and the job following the adjustment should be one that the worker is competent to handle, and there may not be adverse changes in working conditions such as the worker's wages and benefits (Item Five). With respect to the number of days of unused paid annual leave, the employer is required to pay the worker remuneration at the rate of 300% of his/her daily wage income (Item 19).

Related legislation: PRC Employment Contract Law (Revised) and Implementing Regulations for the PRC Employment Contract Law

clp reference:2400/17.04.24/BJ issued:2017-04-24

Issued: April 24 2017

Main contents: The Answers expressly state that the work positions of workers may not be changed arbitrarily, a change of job effected by an employer is to be essential for the business operations of the employer, the purpose is legitimate, and the job following the adjustment should be one that the worker is competent to handle, and there may not be adverse changes in working conditions such as the worker's wages and benefits (Item Five). With respect to the number of days of unused paid annual leave, the employer is required to pay the worker remuneration at the rate of 300% of his/her daily wage income (Item 19).

Related legislation: PRC Employment Contract Law (Revised) and Implementing Regulations for the PRC Employment Contract Law

clp reference:2400/17.04.24/BJ issued:2017-04-24

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