英文摘要 |
Job transfer is a common method used in business management. Legal practices also recognize such right of employers. However, it is still subject to the Principle of Prohibition of Abuse of Rights, which is the ultimate doctrine for judgment of job transfers legitimacy. Therefore, as for job transfers, we should apply the Five Principles for Job Transfer to examine whether it is necessary and reasonable. Besides, the justifiability of punishment must be considered for disciplinary job transfers. If a job transfer is caused by pregnancy, age or other reasons unrelated to job content or ability, appellants should provide a comparable fact indicator to the extent of preliminary showing. Regarding the unfair job transfer, we should also examine the motivations and incorporate labor relations into consideration.
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