【说案】第一天要求员工转岗，第二天将其辞退，合法吗？

Core Viewpoint - The court ruled that the company's actions in requiring an employee to change positions and then notifying them of termination the next day were illegal, as they did not provide necessary training or reasonable justification for the job change [1][3]. Case Background - The employee, referred to as Xiao Fang, was hired in November 2020 for a software testing role, with a labor contract signed [1]. - The company claimed Xiao Fang refused work assignments and was not competent, leading to a transfer notice to a different position, which he rejected [1]. - The company subsequently issued a termination notice the day after the transfer request, prompting Xiao Fang to seek arbitration for unlawful termination [1]. Trial Process - The company argued that the labor contract allowed for job adjustments based on business needs and claimed Xiao Fang's performance was unsatisfactory [2]. - Xiao Fang countered that he was not informed of any internal rules and had fulfilled his responsibilities adequately, asserting that the job change was unreasonable [2]. Judgment Outcome - The first-instance court found that the tasks assigned to Xiao Fang were not part of his original job description, making his refusal reasonable [3]. - The court noted that the two positions had significantly different skill requirements and the company failed to provide adequate justification for the transfer or training [3]. - The court ruled that the company must pay Xiao Fang 108,000 yuan in compensation for unlawful termination and an additional 17,000 yuan in wage differences, which the company appealed but was upheld by a higher court [3]. Legal Interpretation - Legal experts indicated that employers must follow specific procedures when terminating contracts for incompetence, including providing training and a reasonable notice period [5]. - In this case, the company did not allow Xiao Fang time to adapt to the new role or receive training, violating legal requirements [5].