[Direct answer]It depends on the specific circumstances. According to Articles 35 and 36 of the "Regulations on Work-Related Injury Insurance", if an employee is certified as having a work-related disability of Level I to Level IV, the employment relationship will be maintained and the employee will retire from work; for those with disabilities of Level V and Level VI, the employer shall arrange appropriate work for them, and if it is difficult to do so, the employer shall pay them a disability allowance on a monthly basis; for those with disabilities of Level VII to Level X, the labor contract may be terminated when it expires or at the request of the employee. If the employer adjusts the employee's position based on the conclusion of the labor capacity assessment, the adjustment must be reasonable and cannot unreasonably reduce the employee's salary or increase their burden. The employee may refuse the unreasonable job transfer. If the employer terminates the labor contract due to this, it may constitute an illegal termination, in accordance with Article 42 of the "Labor Contract Law of the People's Republic of China". If an employee is injured at work and is certified as having lost or partially lost their labor capacity, the employer shall not terminate the labor contract in accordance with Articles 40 and 41. Action guidance: First, conduct a labor capacity assessment, then evaluate whether the job transfer is reasonable, and retain evidence such as written notifications.

I. Problem Background and Typical Scenarios

After returning to work, injured employees are often transferred to "unproductive but low-income" positions or positions that are clearly unsuitable for them. A typical scenario is: after the employee is assessed as having partially lost their ability to work, the employer transfers them to a new position with a pay cut, citing "care for the employee" as the reason; or the employee refuses the transfer and is then dismissed on the grounds of absenteeism or non-compliance with work arrangements. Whether the transfer is reasonable and whether there are risks in refusing the transfer are the most concerned issues for injured employees after returning to work.

II. Key points of dispute

Firstly, the rules for job placement corresponding to different disability levels; Secondly, the criteria for judging the reasonableness of job transfer; Thirdly, the consequences and risks of workers refusing job transfer; Fourthly, the compensation and remedies for illegal dismissal. The core point is that job transfer must have a legitimate reason and the compensation should not be reduced, otherwise, workers have the right to say "no".

III. Professional analysis by Henglue Lawyers

Henglue's experience in handling work-related injuries and labor disputes is to first review the appraisal conclusion and then examine the job transfer content. According to the "Regulations on Work-Related Injury Insurance", workers with disabilities at levels I to IV maintain their labor relations but retire from work, and the work-related injury insurance fund pays them a disability allowance on a monthly basis; workers at levels V and VI are arranged with suitable jobs by the employing unit, and if such arrangements are difficult, they are paid a disability allowance on a monthly basis; workers at levels VII to X can be dismissed when the contract expires or upon their request. Therefore, the employing unit should arrange jobs based on the results of the labor capacity appraisal and whether the worker's physical condition matches the job requirements. To determine whether the job transfer is reasonable, the following factors are typically considered: whether there are legitimate business or physical adaptation reasons; whether the new job matches the worker's physical condition; whether the salary and benefits are unreasonably reduced; whether it is discriminatory or punitive; and whether the procedure involves prior consultation and listening to the worker's opinions. If the job transfer is obviously unreasonable, the worker's refusal does not constitute a violation of discipline; if the employing unit terminates the contract on the grounds of refusing reasonable work arrangements, the legality of such termination must be reviewed. In cases where the worker is injured at work and is confirmed to have lost or partially lost their labor capacity, the employing unit may not terminate the contract based on the provisions of fault-free dismissal and economic layoffs. In practice, workers often accept unreasonable job transfers and salary reductions due to urgency to return to work or fear of unemployment, only to regret it later. The correct approach is: first, complete the labor capacity appraisal, communicate with the employing unit in writing about the job transfer arrangements, express opinions and retain evidence; clearly express written objections to unreasonable job transfers; if dismissed, promptly claim compensation for unlawful termination or request continued performance of the contract. When adjudicating such cases in Beijing, the court typically focuses on reviewing the legitimacy of the job transfer and changes in salary and benefits, with written evidence being particularly crucial. It should be noted that workers injured at work enjoy corresponding salary and welfare benefits during the period of work suspension and leave, and the employing unit may not arbitrarily change these benefits.

IV. Practical suggestions and legal basis

The first step is to complete the labor capacity appraisal and determine the disability grade and physical limitations. The second step is to retain written evidence of the notice of job transfer and evaluate the adaptability of the new position and the changes in compensation. The third step is to raise written objections to the unreasonable job transfer and keep records of the communication. The fourth step is to apply for labor arbitration promptly if the employer unlawfully terminates the employment contract, and claim compensation or demand the continuation of the labor contract. The main legal basis: Articles 33, 35, 36, and 37 of the Regulations on Work-Related Injury Insurance (amended and implemented on January 1, 2011), and Articles 42 and 48 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

After a work-related injury, the first step is to review the appraisal, then the compensation, and finally the procedures. If it's reasonable, negotiate with the employer; if not, say "no" in writing. Don't put up with being dismissed—file for arbitration immediately. For issues involving work-related injuries and labor disputes, you can seek help through legal channels.Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service; those involving compensation execution can be integrated togetherCreditor's rights and debts, and enforcementPlate; for cases involving personal injury, you can refer to the relevant provisions.Personal injury and medical disputes; For matters related to family affairs and income, you can seek adviceDivorce litigation and family disputesOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: Will a worker who refuses to accept a transfer of position be dismissed if they suffer from a work-related injury?

If the job transfer is unreasonable, employees' refusal to accept it usually does not constitute a violation of discipline, and the unit's decision to terminate the employment contract based on this may constitute an illegal dismissal. In the case of being injured at work and being confirmed to have lost or partially lost the ability to work, the unit may not terminate the employment contract in accordance with the provisions on non-fault dismissal and economic layoffs. It is recommended to keep written objections and evidence.

Q2: What evidence do I need to prepare to determine whether the job transfer is reasonable?

It is necessary to prepare the conclusion of the labor capacity assessment, the notice of job transfer, the materials on the salary and benefits of the original and new jobs, the job description and the statement on physical adaptation, as well as the communication records. The evidence should demonstrate whether there are legitimate reasons for the job transfer and whether the salary and benefits have been reduced.

Q3: How much does it cost to resolve such labor disputes?

Labor arbitration does not charge fees, and the litigation fees are relatively low per case; the attorney's fees are agreed upon based on the complexity of the dispute and the workload. For cases involving compensation for unlawful termination, it is recommended to first evaluate the basis and evidence for the termination, and then decide whether to proceed with arbitration or litigation.

Q4: How long does it usually take for labor arbitration to be completed?

The arbitral tribunal shall generally make a ruling within 45 days after accepting the case. If the case is complex, the time limit may be extended by 15 days upon approval. If the parties are not satisfied with the ruling, they may file a lawsuit with the people's court within the statutory time limit. Fixing evidence as soon as possible helps shorten the cycle.

Q5: How to protect your rights after being unlawfully dismissed?

You can apply for arbitration to the Labor and Personnel Dispute Arbitration Committee, claiming to continue to perform the labor contract, or demanding compensation for unlawful termination; at the same time, claiming arrears in wages, work-related injury compensation, etc. It is recommended to keep the dismissal notice, communication records, and appraisal materials, and start the procedure as soon as possible.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.