★ Case Summary
In this case, Shen was employed as a warehouse manager at Company H. Later, due to the company’s operational needs, Shen was reassigned to a production position. However, Shen refused the transfer due to his health conditions (having suffered from cerebral infarction and lumbar disc herniation) and requested to return to his original position considering his physical condition. Company H stated that the warehouse management position was already occupied but, considering Shen’s health, they offered a lower-intensity position in gold processing. Despite multiple communications, no agreement was reached, and Shen continued to refuse to participate in the training for the new position.
Company H then terminated Shen’s labor contract based on the provision of their “Employee Rewards and Punishments Regulations” citing Shen’s refusal to comply with the supervisor’s or superior’s reasonable work arrangements or instructions and his refusal to attend the training.
Shen subsequently applied for arbitration at the District Labor and Personnel Dispute Arbitration Committee, seeking compensation for unlawful termination. The arbitration ruled in favor of Shen’s claim, but Company H disagreed and filed a lawsuit.
★ Court Ruling After reviewing the case, the court determined that Company H terminated the labor contract with Shen based on the provision in the “Employee Rewards and Punishments Regulations” that deals with “passive work avoidance or refusal to obey the reasonable work arrangements or instructions of supervisors or superiors on multiple occasions.” Job transfer by the employer is considered a change in the labor contract and should be agreed upon by the employee through consultation. Furthermore, the employer should avoid causing adverse effects for the employee due to the transfer.
Shen suffers from cerebral infarction and lumbar disc herniation, which make him unsuitable for jobs involving excessive fatigue and heavy lifting. Despite several communications between the parties regarding the job adjustment, Company H repeatedly refused Shen’s request to return to the original warehouse management position. Insisting on training Shen for a production line position, knowing his physical condition, did not qualify as a reasonable job transfer.
As a result, the job transfer by Company H does not fall under the category of “reasonable arrangement” by a supervisor or superior as stated in the “Employee Rewards and Punishments Regulations.” The termination of Shen’s labor contract based on this ground lacks legal basis and is considered an unlawful termination.
★ Lawyer Tang Yi’s Comment An employer’s adjustment of an employee’s job position due to production and operational needs reflects the employer’s autonomy in management. However, such job transfers must be reasonable and require sufficient consultation with the employee.
In this case, the employer did not take Shen’s actual physical condition into account and forcibly assigned him to a position he objectively could not handle. Consequently, the job transfer was deemed unreasonable.
On the other hand, if the employer arranges a reasonable job transfer, the employee should cooperate to the best of their ability. For instance, if the company is facing operational difficulties, the employee should be understanding and work together with the company to overcome the challenges. Even if the employee disagrees with the job transfer, they should resolve the issue through proper channels and try to avoid resistance through refusal to work or passive behavior.
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