[Direct answer]In the Beijing area, it's possible to request a transfer, but whether the transfer can be approved depends on the legality of the negotiation and job reassignment. If the transfer is agreed upon through negotiation, the employee should first communicate with the company, explain the specific reasons for not adapting to the original position, and request a transfer or alternative arrangements. If the company agrees, a written amendment agreement can be signed. If the transfer is made unilaterally by the company and is not legal or reasonable, the employee can claim to return to their original position. It should be noted that according to Article 40 of the Labor Contract Law of the People's Republic of China (amended in 2012), if an employee is unable to perform their duties after training or job reassignment, the employer may terminate the labor contract with 30 days' written notice or by paying an additional month's salary, and shall pay economic compensation in accordance with Articles 46 and 47. In other words, if the company terminates the contract on the grounds of "inability to perform the job", it must prove that the employee is unable to perform the job, undergo training or job reassignment procedures, and still be unable to perform the job. The company cannot arbitrarily dismiss the employee. The specific outcome will be determined according to the contract provisions and the facts of the case.

1. Problem background and typical scenarios

After being transferred to a new position, employees may find it difficult to perform their duties due to skill mismatch, changes in evaluation standards, or increased workload. However, they may also worry about being dismissed if they request to return to their original position. In practice, some companies threaten employees with "resignation if they cannot adapt," directly terminate their contracts on the grounds of "incompetence" without completing training or job transfer procedures, or even use this as an excuse to reduce their salaries. When handling such cases in Beijing, arbitration tribunals and courts will review whether the job transfer was agreed upon through consultation, whether the evaluation was objective, and whether the termination procedures were legal, in order to determine whether the company's actions were legitimate. Understanding the statutory termination conditions for "incompetence" can help employees take the initiative in negotiations and protect their rights.

II. Key points of contention

First, whether the job transfer was agreed upon by both parties and whether the employee can request to return to their original position. Second, the statutory procedures and evidentiary requirements for the company to terminate the employment contract on the grounds of the employee's incompetence. Third, the objectivity of the assessment results and whether the assessment standards are legal and effective. Fourth, whether the job transfer accompanied by a pay cut is legal. Fifth, the rights that employees can claim, including the restoration of their positions, back pay, and compensation.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers argue that an employee's "inability to perform their duties" does not necessarily equate to legal "incompetence". For the company to terminate the contract based on this, it must meet strict statutory conditions. Firstly, there must be objective, reasonable, pre-notified, and legally valid assessment standards to prove that the employee is truly incompetent; Secondly, the company must first provide training or adjust the employee's job position; Thirdly, if the employee is still unable to perform their duties after training or job adjustment, the company may terminate the contract according to law; Fourthly, the company must provide written notice 30 days in advance or pay an additional month's salary and economic compensation. In practice, common defects of companies include: establishing assessment standards on the spot or retroactively, failing to retain evidence of training or job adjustment, and directly issuing oral notices of dismissal, all of which may lead to the termination being deemed illegal. Based on the experience of our team in handling labor disputes, employees facing the pressure of being "unable to perform their duties" should pay attention to three key points: Firstly, require the company to clarify the assessment standards and the facts of non-compliance in writing; Secondly, actively propose the intention to return to their original position or accept training and keep records of it; Thirdly, preserve the assessment results, communication records, and payroll payment receipts. If the company terminates the contract in violation of legal procedures, employees can claim to continue performing the contract or demand compensation. Specific standards must be determined based on the facts of the case and current applicable laws and regulations.

IV. Practical Suggestions and Legal Basis

Action list: First, sort out whether the job transfer has been agreed upon by both parties, and verify its legality and reasonableness; Second, actively communicate with the company about being transferred back or making other arrangements, and keep written records; Third, require the company to clearly state the assessment standards and the basis for non-compliance, to avoid being held accountable afterwards; Fourth, keep assessment records, training arrangements, communication records, and pay vouchers; Fifth, if the company unlawfully terminates the employment contract, apply for labor arbitration in a timely manner to claim the restoration of the position, back pay, or compensation. For issues related to labor and work-related injuries, you can refer to the relevant regulations and provisions.Labor disputes and work-related injury compensationAndSpecial servicesLegal basis: Articles 35, 40, 46, 47, 48, and 87 of the Labor Contract Law of the People's Republic of China (amended in 2012), and Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China regarding the burden of proof. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, "being unable to perform the job" does not equal being legally incompetent. Termination must meet strict procedural requirements. Secondly, the assessment standards must be communicated in advance and be objective and reasonable. Retrospective assessments are difficult to establish. Thirdly, the company must first provide training or transfer the employee to another position before terminating the contract and paying economic compensation. Fourthly, employees should actively propose to return to their original position or accept training, and keep records to avoid being deemed as having a negative attitude. For matters involving labor and work-related injuries, they can seek assistance through legal channels.Labor disputes and work-related injury compensationThe service provides a comprehensive solution, which can be integrated with the design of the enterprise's employment systemBusiness and contract disputes in enterprisesFor reference, the cases involving the enforcement of wages and compensation payments can be referred toCreditor's rights and debts, and enforcementFor issues related to work-related injuries and personal injuries, you can seek advice from us.Personal injury and medical disputes.

VI. Frequently Asked Questions

Q1: If I can't handle the new job after being transferred, can I request to be transferred back to my previous position?

You can first negotiate with the company about being transferred back or making other arrangements. If an agreement is reached through negotiation, a written amendment agreement can be signed. If the original transfer of the job was made unilaterally by the company and was not legal or reasonable, the employee can claim to return to the original position; if the transfer of the job was legal and reasonable, then the transfer back requires negotiation between the two parties, and the company has no obligation to agree to it automatically.

Q2: Can the company dismiss an employee for being unqualified for the job?

Yes, but it must meet the statutory conditions: there must be objective and reasonable assessment standards to prove that the employee is not competent; the employer must first provide training or adjust the employee's job position; even after the training or job adjustment, the employee is still not competent; and the employer must give written notice 30 days in advance or pay an additional month's salary, while also paying economic compensation in accordance with the law.

Q3: Do I have to leave if I don't meet the assessment standards?

Not necessarily. Failure to meet the assessment standards is just one of the criteria for determining competence. The company still needs to carry out training or job transfer procedures. If the company terminates the contract directly without going through these procedures, it may constitute an illegal termination, and the employee can demand to continue performing the contract or request compensation.

Q4: Is it legal to transfer an employee to a new position while reducing their salary at the same time?

This requires a specific analysis. If the job transfer is agreed upon by both parties and they reach an agreement on the salary for the new position, the new standards can be implemented; if it's a unilateral job transfer and a unilateral salary reduction without the consent of both parties, it usually does not take effect for the employee, and the employee can claim the difference in salary according to the original salary standards.

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

You can apply for labor arbitration and request the continuation of the labor contract, or claim compensation at twice the standard of economic compensation in accordance with Article 87 of the Labor Contract Law of the People's Republic of China (amended in 2012). At the same time, you can claim unpaid wages, unpaid annual leave wages, etc., and pay attention to the one-year statute of limitations for arbitration.

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 necessary 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 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.