Case in July 2003, xiaowang applies for position of some hotel accountant, the Xiaowang after the exam is eligible is formal by employ, both sides signed contract of a labor. Contract agreement, small king monthly wages is 800 yuan, type of work is an accountant, deadline 3 years. After the contract is signed, xiaowang throws the job instantly. After half an year, the hotel moves Xiaowang suddenly to the kitchen to work, the kin of a manager took sb's place Xiaowang's position. Xiaowang is not had with unit bargaining for many times if really, arbitrate to labor dispute committee applies for the arbitration then. Labor dispute is arbitral committee make adjudication: The hotel negotiates consistent, one-sided to change working station of Xiaowang to disable without both sides, should grant to correct.

The basis that review analyse our country " labor law " the 16th regulation: Labor contract is the agreement that obligation of laborer and relationship of working of establish of unit of choose and employ persons, clear bilateral right concerns. The 26th (3) regulation: The external state of affairs of basis of the place when labor contract concludes produces major change, cause original labor contract to cannot be fulfilled, classics party negotiates the unit of choose and employ persons that cannot come to an agreement with respect to modificatory labor contract to be able to remove labor contract, but ought to shift to an earlier date 30 days to inform him worker with written form.

In this case, the hotel is in did not talk things over with Xiaowang consistent, reach the condition that remove or changes labor contract to fall, home remedy the decision that makes station of work of modificatory small king, its behavior was disobeyed " labor law " concerned regulation, encroached the legitimate rights and interests of other. Made decision does not have hotel place legal effectiveness, reason this behavior is invalid.

Provenance: Heilongjiang worker signs up for