Whether an employer's unilateral change of an employee's position is lawful needs to be analyzed in conjunction with the relevant provisions of the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China.
First of all, according to the Labor Law of the People's Republic of China, the employer and the employee shall stipulate the work content and place of work in the labor contract. If the employer needs to change the position of the employee, it shall negotiate with the employee and reach a written agreement. If the employer unilaterally changes the employee's job position without the employee's consent, it may constitute an illegal act, and the employee can protect his rights and interests in accordance with the law.
Secondly, according to the Labor Contract Law of the People's Republic of China, the employer shall enter into a written labor contract with the employee in accordance with the law, and stipulate in the contract the work content, work location, labor insurance, labor remuneration, working hours, rest and vacation, etc. If the employer wants to change the content of the employment contract, it shall reach an agreement with the employee through consultation and sign a written agreement. If the employer unilaterally changes the content of the labor contract without the employee's consent, the employee may request the employer to continue to perform the original contract or terminate the contract and request the employer to pay severance payments.
Combining the above two legal provisions, we can conclude that in Guangxi, it is illegal for an employer to unilaterally change an employee's position. If the employer wants to change the position of the employee, it shall reach an agreement with the employee and sign a written agreement. If the employee does not agree to change the position, the employer shall continue to perform the original contract or terminate the contract and pay severance to him. Therefore, when faced with the unilateral change of job position by the employer, the employee should protect his or her rights and interests in accordance with the law and ensure that his legitimate rights and interests are not infringed. At the same time, it also reminds employers to abide by the law, respect the rights and interests of employees, and avoid unnecessary disputes caused by illegal acts.
To sum up, it is illegal for an employer in Guangxi to unilaterally change an employee's position. In order to safeguard the legitimate rights and interests of employees and promote the harmony and stability of labor relations, employers should strictly abide by relevant laws and regulations, conduct full consultation and reach an agreement with employees. In the event of a dispute, the employee may protect his or her rights and interests through mediation, arbitration or litigation of the labor dispute. At the same time, the relevant departments should also strengthen the supervision of employers to ensure that the legitimate rights and interests of workers are effectively protected.