[Direct answer]It depends on the circumstances. Changing the job position constitutes a modification of the content of the labor contract, and in principle, it should be agreed upon by both parties and in writing. Being ranked last in the performance evaluation does not necessarily mean that the employee is "unqualified for the job", nor does it necessarily grant the employer the right to unilaterally adjust the job position. Only when there is evidence to prove that the employee is unqualified for the job can the employer adjust the job position, and the adjustment should be reasonable - including based on actual business needs, the new position being equivalent to the original position, not humiliating or punitive, and the salary and benefits not being significantly reduced due to the job adjustment. If the employer only reduces the salary and adjusts the job position on the grounds of being ranked last, or forces the employee to resign by means of job adjustment, the employee can refuse and assert his rights. In serious cases, it may constitute an illegal termination. In short: being ranked last does not mean that the employer can adjust the job position at will, and reasonableness is the core of the review.

I. Problem Background and Typical Scenarios

The way of handling employees who rank at the bottom of the evaluation often marks the beginning of escalating labor disputes. A typical scenario is: if an employee ranks poorly in the annual evaluation, the employer will transfer them from a core position to a marginal position and reduce their salary; the employee refuses to report to work, believing it is a disguised dismissal, and is subsequently dismissed for absenteeism. The focus of the dispute is whether the transfer of the employee to a new position is legal and reasonable.

II. Key points of dispute

First, is the last-ranked position equivalent to being incompetent? Second, does the transfer of positions require consensus? Third, what are the standards for the reasonableness of unilateral position transfers? Fourth, what is the nature of being dismissed after refusing a position transfer? In practice, a review of reasonableness is key to determining the effectiveness of a position transfer.

III. Professional analysis by Henglue Law Firm

The first layer concerns changing the legal nature of the job position. The job position is an essential clause of the labor contract, and any changes must be agreed upon through consultation and implemented in writing. The employer cannot unilaterally alter the contractual content through internal rules or performance evaluation rankings. The second layer emphasizes that only when an employee is genuinely incompetent does the law allow for a legal transfer to another position. The law permits adjusting the job position when an employee is unable to perform their duties, but this must be based on objective evidence proving their incompetence, rather than simply ranking poorly. Moreover, such adjustments must comply with the principle of reasonableness. The third layer focuses on the review criteria for reasonableness. In practice, the following factors are typically examined: whether the transfer is based on operational needs; whether the new position is comparable in terms of skills and responsibilities to the original position; whether the work location is reasonable; whether the salary level has significantly decreased; and whether the transfer is punitive or humiliating. Transfers involving large salary reductions, complete changes in job nature, or punitive transfers are often not supported. The fourth layer addresses the risks of refusing a transfer and termination. Employees may raise objections in writing and preserve evidence, but they should also attend meetings and communicate with the employer to avoid being terminated on the grounds of absenteeism. If terminated, they should promptly apply for labor arbitration to assert that the transfer was unlawful, the termination was unlawful, and to seek compensation. Henglue Lawyers' Tip: The outcome of such disputes often hinges on evidence and procedural compliance. Employees should preserve evaluation systems, transfer notifications, communication records, and salary changes, while employers should retain objective evidence of incompetence and the negotiation process.

IV. Practical suggestions and legal basis

First, after receiving the notice of job transfer, raise objections in writing and state the reasons, and keep the evidence of delivery and communication; Second, verify whether the job transfer results in a pay cut, whether it is reasonable, and whether it has been negotiated; Third, apply for labor arbitration promptly if unlawfully dismissed, and claim compensation; Fourth, the employer shall establish a legal and compliant assessment and job transfer mechanism, and keep the evidence. Main legal basis: Articles 35, 40, 46, 48, and 87 of the Labor Contract Law of the People's Republic of China. Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points regarding the transfer of employees to lower-level positions: being at the bottom of the performance ranking does not necessarily mean being incompetent; the transfer should generally be subject to negotiation; the reasonableness of the transfer should be evaluated based on whether there is a pay cut and whether the new position is equivalent to the previous one; refusing to absent without leave and filing a written objection and arbitration are the correct approaches to resolve disputes involving job transfers and terminations. For disputes related to job transfers and terminations, parties may seek resolution through legal channels.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which involves the integration of corporate systems and employment complianceIntellectual property protection and corporate lawFor reference, please refer to the sections related to contract amendments and performance.Business and contract disputes in enterprisesFor any labor disputes that you find difficult to resolve, you can seek advice from our columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can the company transfer me to a different position solely based on my poor performance in the performance evaluation?

Generally, this is not allowed. Job transfer constitutes a modification of the labor contract, and in principle, it requires mutual consent. Even if the adjustment is made on the grounds of incompetence, there must be objective evidence and it must meet the requirements of reasonableness. If the employer unilaterally transfers the employee to a new position solely based on the employee's ranking at the bottom of the performance evaluation, especially when accompanied by a significant pay cut, the employee can raise objections and assert their rights. In such disputes, the reasonableness of the adjustment is the core review point.

Q2: What evidence should be prepared to deal with disputes over job transfer?

It is necessary to prepare the labor contract and position agreement, salary materials, evaluation system and results, transfer notice and reasons, communication records, changes in salary payment, and attendance and presence records. Employees use these documents to prove that the transfer of positions or reduction of salaries is illegal; the employer uses them to prove that the employee is not competent for the new position and that the transfer is reasonable. Evidence should be systematically preserved, as the purposes of the evidence are different for both parties.

Q3: What are the attorney's fees and arbitration costs for job transfer disputes?

Labor arbitration is generally free of charge; the litigation fees for suing in court are charged on a per-case basis and the amount is relatively low. Lawyer's fees are subject to market-regulated pricing, which is usually negotiated on a per-case or phased basis. For cases involving large compensation amounts for termination, the fees can be negotiated based on the subject matter, and the scope of services should be clearly defined before entrusting the lawyer.

Q4: How long does it usually take to resolve a job transfer dispute?

Arbitration generally ends within 45 days after acceptance, and the case can be extended by 15 days if it is complicated. If the party is not satisfied with the arbitration award and files a lawsuit, the first-instance trial usually takes several months to half a year, and the second-instance trial will take even longer. If the case involves termination and compensation at the same time, the processing time will be extended accordingly. It is advisable to fix the evidence and initiate the procedure as soon as possible.

Q5: If an employee refuses to accept a transfer and is dismissed as a result, does this constitute an illegal termination?

It depends on whether the job transfer is legal and reasonable. If the job transfer is illegal or unreasonable, the employer's decision to terminate the employment contract based on it usually constitutes an illegal termination, and the employee can claim double compensation; if the job transfer is legal and the employee refuses to report to work without a valid reason, the employer's handling of the situation as absenteeism may be deemed legal. The key lies in the reasonableness of the job transfer and the employee's response. It is recommended to raise objections in writing rather than simply absenting oneself from work.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →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. If you encounter disputes, please consult a practicing lawyer in time.