[Direct answer]It is not allowed to unilaterally change the content of the labor contract at will. According to Article 35 of the Labor Contract Law of the People's Republic of China, any modification of the agreed content of the labor contract shall be subject to the mutual consent of the employer and the employee and shall be in writing. The merger of departments belongs to the adjustment of the employer's business and management, but if it results in substantial changes to the job position, job content, salary and benefits, or work location, etc., it constitutes a major modification of the labor contract and still requires your consent. Without consultation, the employer has no right to unilaterally adjust your job position. If the employer terminates the labor contract on the grounds that you refuse to accept the job adjustment, it may constitute an illegal termination and the employer shall bear the responsibility of continuing to perform the contract or paying compensation at twice the standard of economic compensation.

1. Problem background and typical scenarios

The company's organizational structure is adjusted and departments are merged, and what often follows is a notice of job transfer: the position changes, the title is downgraded, the salary is reduced, and they even have to work in another city. Should they sign it or not? If they don't sign it, will they be regarded as absenteeism and dismissed? Related long-tail searches focus on "Can companies transfer employees to other departments at will after a merger?", "What should I do if I disagree with the job transfer and am dismissed?", and "Is unilateral job transfer legal?". The core of such disputes is to determine whether the job transfer is a reasonable employment management or an illegal contract modification.

II. Key points of contention

The controversy focuses on four points: First, whether the department merger constitutes an objective situation that can be unilaterally changed; Second, how to judge the reasonableness and necessity of job transfer; Third, the consequences of workers refusing job transfer and the determination of absenteeism; Fourth, the remedies for illegal job transfer and illegal dismissal.

III. Professional analysis by Henglue Lawyers

First, legal basis. Article 35 of the Labor Contract Law stipulates that any amendment to the content of a labor contract must be agreed upon by both parties and made in writing; if an employer adjusts a worker's position based on production and operational needs, this falls within the scope of the employer's autonomy in employment, but such autonomy is not unrestricted. Employers cannot use the guise of department mergers to reduce salaries, demote workers, or force them to resign. Second, standards for reviewing the reasonableness of adjustments. In practice, courts typically consider the following factors: whether the adjustment is based on genuine operational necessity and objective changes; whether the purpose is legitimate and whether it involves humiliating or punitive measures; whether the new position is equivalent to the original one and whether the salary and benefits have significantly decreased; whether the change in work location is reasonable and whether there are compensatory measures; and whether the employer has fulfilled the consultation and notification procedures. If the adjustment meets the above requirements and the worker refuses without justifiable reasons, the employer may handle the matter in accordance with the company's rules and regulations; otherwise, it constitutes an illegal adjustment. Third, consequences of refusal. In the face of an illegal adjustment, workers have the right to refuse to report to the new position. If the employer treats the refusal to report as absenteeism and terminates the contract based on this, such action is generally not supported and may be deemed an illegal termination. Fourth, remedies. Workers can apply for labor arbitration to claim that the adjustment is invalid, demand continued performance of the original contract, or claim compensation for illegal termination (twice the standard of economic compensation). If the adjustment is agreed upon by both parties, a written amendment agreement should be signed to specify the new position, salary, and effective date. Henglu Law Firm reminds that retaining the adjustment notice, the original labor contract, pay slips, and communication records is the first step in protecting one's rights.

IV. Practical suggestions and legal basis

Action List: 1. After receiving the notice of job transfer, express objections in writing and retain evidence; 2. Verify whether the salary, location, and job level of the new position are substantially unfavorable; 3. Prioritize negotiation and request a written amendment agreement; 4. If negotiation fails, apply for labor arbitration and claim continued performance of the contract or compensation. Main legal basis: Articles 35, 39, 40, 48, and 87 of the Labor Contract Law of the People's Republic of China; Provisions on arbitration procedures in the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008). For issues involving labor arbitration and work-related injury compensation, please refer to the following channels:Labor arbitration and work-related injury compensationFor team handling, those involving the compliance review of enterprise employment can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglue Law Firm's Advice

Three key points regarding department mergers and job transfers: 1. Substantial changes to job responsibilities, compensation, or work location require mutual consent. 2. Employees may refuse unlawful job transfers and such refusal will not be considered absenteeism. 3. Employees who are unlawfully dismissed may demand double compensation or insist on continued employment. For labor rights-related issues, please consult the labor arbitration committee.Labor arbitration and work-related injury compensationFor team-related matters, please feel free to consult us regarding corporate regulations and contractsBusiness and contract disputes in enterprisesFor those involving difficult labor disputes, you can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can employees be transferred to different positions freely after a department merger?

It is not allowed to adjust the position at will. Merging positions does not automatically grant the right to unilaterally adjust the position; if there are substantial changes in the position, salary, location, etc., it constitutes a major amendment to the labor contract, and in accordance with Article 35 of the Labor Contract Law, it requires mutual consent and written confirmation.

Q2: Will I be dismissed if I don't agree to the job transfer?

If the job transfer is unreasonable and constitutes an illegal change, your refusal to report to work generally does not count as absenteeism. If the unit terminates your employment on this basis, it may constitute an illegal dismissal. If the job transfer is reasonable and you refuse it without a valid reason, the unit may deal with it in accordance with its rules and regulations, but the procedure must still be legal.

Q3: What kind of job transfer is considered reasonable?

Generally, it is necessary to determine whether the change is for genuine business purposes, whether the purpose is legitimate, whether the new position is comparable to the original position, whether the salary has significantly decreased, whether the change of location is reasonable, and whether the consultation and notification procedures have been followed. If all these conditions are met, the change is generally considered reasonable.

Q4: How much can I get if I'm unlawfully dismissed?

The employee may claim to continue to perform the labor contract, or to pay compensation at twice the standard of economic compensation; the economic compensation shall be calculated at one month's salary for each year of service, and the monthly salary shall be capped at three times the local average wage if it is higher than three times the local average wage.

Q5: Should we go for arbitration or file a lawsuit directly?

Generally, labor disputes should first be submitted to labor arbitration. If the party is not satisfied with the arbitration award, he/she may then file a lawsuit with the court. It should be noted that the statute of limitations for arbitration is one year, starting from the date when the party knows or should have known that his/her rights have been infringed. Evidence should be fixed as soon as possible.

The above answer is based on the judicial practice in the Beijing area. The adjudicative guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 public 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.