The company moved me to another department when I refused to retire... Labor Committee “unfair transfer”

A worker who filed a request for relief on the grounds that unfair personnel appointments were made was cited by the Labor Relations Commission.

On February 7, the Gyeonggi Regional Labor Relations Commission made a decision to cite a lawsuit filed by A, a worker in his 40s, against Manufacturer B for relief from unfair transfers.

Mr. A joined Company B in the early 2000s and has worked there for over 20 years. The problem began when Mr. A was appointed as the team leader of a newly established department in November of last year.

Person A claimed that this action was part of layoffs. It is said that retaliatory personnel appointments were made when Mr. A did not apply for the company's voluntary retirement recruitment held in January. At the same time, the management emphasized that it was an unfair transfer, saying that the team consisted of people of higher rank than him and that he was inefficient by assigning tasks that overlapped with the existing organization.

Company B completely refuted this. He claimed that a new team was established to strengthen the company's competitiveness and improve production efficiency, and that it was only a transfer accordingly. In addition, it was explained that it was a justified measure because there were no disadvantages to workers' lives, such as increased commuting time, and the situation was explained through interviews.

The Labor Relations Commission ruled in Mr. A’s favor. The committee said, "The management did not assign clear roles when creating the department, so work was not accomplished and no visible results were produced." It also said, "It appears that dissonance within the team continues, with team members having higher ranks than the workers designated as leaders, leading to difficulties in command." He added, “As a result, the purpose and role of the department’s existence are highly questionable,” adding, “It is also difficult to acknowledge the business necessity of the company’s transfer.”

Attorney Choi Han-sik of Daeryun Law Firm, who represented Mr. A in this case, said, "When determining business necessity, a company must objectively look at whether it contributes to rational operation, such as improving work efficiency by appropriately deploying labor."

Reporter Hwang Jeong-won (jwhwang@mt.co.kr)

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The company moved departments after people refused to retire... Labor Committee "Unfair transfer" (Shortcut)