How do enterprises exercise their autonomy in employment?

Employment autonomy is a natural right given to employers by law and a necessary condition for their survival and development. However, in the actual operation and management of enterprises, the autonomy of employment of enterprises has been greatly restricted, especially when it comes to adjusting the positions and wages of workers. If it is not handled properly, it will easily lead to labor disputes with workers. When some enterprises sign labor contracts with workers, they generally stipulate in the labor contract that "if the workers' posts need to be adjusted due to production and operation, the workers should obey unconditionally" or "during the performance of the labor contract, the employer has the right to transfer or change the workers' posts". However, in judicial practice, arbitration institutions and people's courts believe that there are not a few such agreements, because it violates Article 17 of the Labor Law, "The conclusion and modification of a labor contract shall follow the principle of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations" and Article 35 of the Labor Contract Law, "The employer and the employee can change the contents of the labor contract through consensus". Changes to the labor contract shall be made in written form ". How to legally exercise employment autonomy without violating the law, the author thinks that several issues should be dealt with: First, the employer can fully negotiate with the employee when signing the labor contract, and reach the following agreement with the employee in the labor contract: "Upon mutual confirmation by both parties, Party A (referring to the employer) can adjust Party B's post according to its own operating conditions and Party B's work performance. Party B voluntarily obeys Party A's work arrangement "and" Party A (referring to the employing unit) may adjust Party B's salary level according to the assessment results of Party B (referring to the laborer) and the post change of Party B, but the adjusted salary standard shall not be lower than the minimum wage standard where Party A is located ",which set the contractual basis for post adjustment and salary adjustment; Second, specific implementation documents such as employee assessment and performance evaluation, enterprise rules and regulations, employee manuals, etc. should be attached to the labor contract and confirmed by the employee, so that the employee can understand the post requirements and assessment standards and clearly understand the rules of post adjustment and wage adjustment in advance; Third, a regular assessment system should be established to keep and obtain the legal basis for post adjustment and wage adjustment in time, so as to avoid being identified as abusing employment rights because of lack of basis in the event of disputes; Fourth, the procedures of post adjustment and wage adjustment should be open and transparent, fully communicate with workers, reach an agreement with them and avoid disputes. Shen Yi Guangdong Zhong Da lawyer office