The company relocates, but the employee is unwilling to follow, how to compensate?

If the company relocates, but the employee is unwilling to follow the past, he or she can claim economic compensation in accordance with the law.

When a unit relocates to a different place, it depends on the impact of the relocation itself on the performance of the labor contract. If the relocation makes it impossible to perform the employment contract from a normal perspective, it is a statutory "major change in objective circumstances", and the employee may refuse to continue to perform and propose to terminate the employment relationship, at which time he may claim economic compensation; If the relocation is carried out, the employment contract can still be performed normally based on various factors, and the relocation does not belong to the statutory "major changes in objective circumstances", and the employee generally needs to continue to perform the employment contract, and it is difficult to pay compensation if the employee resigns voluntarily if the negotiation fails. There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of time for which severance shall be paid shall not exceed 12 years, and the monthly wage refers to the average salary of the worker in the 12 months prior to the termination or termination of the labor contract.

If an employee submits his or her resignation, no compensation may be paid. If the employer dismisses the employee, it needs to pay the employee an additional month's salary.

Legal basis: According to the Labor Contract Law of the People's Republic of China

Article 40. Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: (1) the employee is sick or injured not due to work, and cannot perform the original job after the prescribed medical treatment period expires, nor can he engage in the work arranged by the employer's single brother; (2) The worker is incompetent for the job, and is still incompetent for the job after training or reorganization; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Summary. Kiss hello <>

The company does not pay a severance to the employee if it relocates the employee in the past. The severance that the employer needs to pay to the employee is as follows: the compensation is paid to the employee at the standard of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year, that is, one month's salary shall be paid as compensation; If it is less than six months, the worker shall be paid half a month's salary as economic compensation.

When the company moves, how can employees be compensated if they don't follow the past.

Kiss hello <>

The company does not pay a severance to the employee if it relocates the employee in the past. The severance that the employer needs to pay to the employee is as follows: the compensation is paid to the employee at the standard of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year, that is, one month's salary shall be paid as compensation; If it is less than six months, the worker shall be paid half a month's salary as economic compensation.

Kiss hello <>

The employer shall not terminate the labor contract of a worker under any of the following circumstances: (1) the worker who is engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations. <>

Because the company moved to other places, I didn't go, and the company did not compensate.

Kiss hello <>

In this case, you can apply for labor arbitration to protect your rights<>

The company provides a shuttle, so it's okay if I'm the only one who doesn't go.

Kiss hello <>

This is okay, but this is all up to <> personal will

I've been working in the company for two years, and the contract I signed is gone, is it okay?

Kiss hello <>

This is okay, oh kiss <>

Okay, is this just a matter of going directly to the labor bureau, and what materials do you need to provide?

Kiss hello <>

Yes, it is to go to the labor bureau to apply for labor arbitration <>

When do you ask to go, because the company hasn't moved out yet.

Kiss hello <>

The following materials are required to apply for labor arbitration: 1. Application for labor arbitration; 2. Proof of identity of the applicant; 3. Materials proving the existence of labor relations, such as labor contracts, etc.; 4. Proof of identity of the respondent. <>

Kiss hello <>

This is to be <> when the time actually moves out

There is no contract, what proof do you use?

You can do this as long as you work here, oh kiss <>

This is not necessary, as long as there is a certificate that can prove that you are working here during this time, you can <>

If the relocation of the company is between districts, it will have little impact on the work and life of the employees, and the company may not compensate for it, which constitutes a major change, and the contract can be terminated and economic compensation can be claimed.

The change of the company's address is a major change in the content of the labor contract, and the employer needs to obtain the consent of the employee, otherwise the employer is a unilateral violation of the labor contract and needs to compensate the employee.

Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1. The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the employer;

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

3. There is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

[Legal basis].

Labor Contract Law of the People's Republic of China

Article 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits. Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.