The solutions to employees' refusal to accept job transfer include: understanding the reasons for employees' reluctance to transfer, providing training and support, communication and negotiation, developing personalized solutions, and respecting employees' decisions.
1. Understand why employees are unwilling to transfer
It is necessary to understand the reasons why employees are unwilling to transfer. It may be that employees worry that they are not competent for the new job, or it may be because of personal reasons, such as family conditions, physical conditions, etc. After understanding the cause, corresponding measures can be taken to solve the problem.
2. Provide training and support
If an employee is unwilling to transfer because he or she is afraid that he or she is not competent for the new job, training and support can help him or her adapt to the new job. It can provide relevant job skills training and knowledge support to help employees better adapt to the new working environment.
3. Communication and negotiation
If employees are still unwilling to accept job transfer, they can communicate and negotiate. You can communicate with employees face to face, understand their ideas and needs, and try to reach a solution acceptable to both sides. In the negotiation process, it is necessary to maintain an open and transparent way of communication so that employees can feel the concern and support of the organization.
4. Develop personalized solutions
If employees have special needs or situations, they can develop personalized solutions. For example, if employees need to take care of elderly parents or young children, they can develop a flexible work arrangement to help them better balance work and family.
5. Respect employees' decisions
Employees' decisions need to be respected. If employees are still unwilling to change their positions, they can consider providing them with other options, such as staying in their original positions or looking for other positions. It is necessary to understand and respect employees' personal choices, and take corresponding measures to maintain the stability and development of the organization.
1、 The following treatment methods are recommended:
1. Inform the employee in the form of written transfer notice. If the employee is unwilling, try to get the employee to sign. If the employee does not receive the transfer notice, he/she can post a notice and take photos to fix the evidence.
2. Under normal circumstances, these two situations need to be transferred, and they are not competent for the job and work needs. The following methods can be adopted to deal with these two situations:
A. For legal circumstances such as incompetence or major changes in objective conditions (such as post revocation), the legal reasons shall be specified in the transfer notice.
B If the job needs to be transferred, the company emphasizes that the job transfer should be carried out according to the provisions of the Labor Contract, the actual needs of the company's production and operation, and the employees' personal work ability and performance.
3. If an employee does not obey the job transfer, he/she should first state in the notice that he/she should abide by the company's arrangements and work in the new position first. If he/she has any objection, he/she can raise an objection and appeal to the company, but he/she cannot refuse to perform his/her duties by refusing to attend or stopping work. Those who do not actually work at their posts shall be deemed as absenteeism whether they are on duty or not.
4. If an employee refuses to take up a new post, colleagues and their direct leaders will try to persuade the employee to take up a new post and try to solve the transfer problem through negotiation.
5. A written warning shall be issued to employees who fail to take a new post. If the employee has not actually registered for a new post after the warning, he/she shall decide whether to give the employee a second transfer notice based on careful consideration. If the employee still refuses to obey the company's arrangement, the HR Department should carefully evaluate the legal risk of terminating the employee's labor contract from the perspective of legality and rationality.
2、 Do you agree to pay economic compensation for job transfer and termination
According to the provisions of the Labor Contract Law of our country, if the objective situation at the time of signing the contract has changed significantly, and the worker does not agree with the job position arranged by the employer, the worker needs to pay economic compensation.
As for the calculation standard of economic compensation, the law clearly states that the standard of paying one month's salary every full year shall be paid to workers. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.
Legal basis
Article 3 of the Labor Contract Law stipulates that the conclusion of a labor contract should follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations agreed in the labor contract.
According to Article 40 of the Labor Contract Law, in any of the following circumstances, the employer may terminate the labor contract after notifying the worker himself in writing 30 days in advance or paying the worker an additional month's salary:
（1） The laborer is unable to engage in his original work or other work arranged by the employer after the prescribed medical treatment period expires due to illness or non work related injury;
（2） The laborer is incompetent for his work and still is incompetent after training or job adjustment;
（3） The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the labor contract unable to be performed, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation.
The Company can adjust the position and salary as follows:
1. The employer and the employee agree on the adjustment of post and salary;
2. If an employee falls ill or is injured on non official business and is unable to take up his or her original job after the prescribed medical treatment period expires, the employer may arrange another job;
3. If a worker is not competent for his work, the employer may adjust his position;
4. If the objective conditions on which the labor contract is based at the time of conclusion have changed significantly and the labor contract cannot be performed, the employer may negotiate with the worker to change the labor contract and adjust the worker's position;
5. An enterprise may change its labor contract and adjust the position of its employees in case of production change, major technological innovation or adjustment of its business mode;
6. If the employee has signed a confidentiality agreement with the employer for the declassification period, the employee's position can be adjusted after the employee resigns.
