What is the labor law reasonable compensation for the relocation of the company to the employee?

According to the Explanation of Several Provisions of the Labor Law of the People's Republic of China issued by the Ministry of Labor, "the 'objective circumstances' in this article refer to the occurrence of force majeure or other circumstances that make it impossible to perform all or part of the terms of the labor contract, such as the relocation of an enterprise, the merger, the transfer of enterprise assets, etc.", but does not include the objective conditions that lead to economic layoffs.

However, considering the actual situation and legislative intent, not all enterprise relocation is subject to the termination provision, but the relocation of the workplace that has undergone a major change and the employment contract cannot be performed can be regarded as a trigger condition. The employment contract is signed on the basis of various conditions at the time of signing. According to the Employment Contract Law, the place of work is one of the necessary clauses of the employment contract, and the description of the place of work is an important criterion for judgment.

Assuming that the employer informs in advance that there will be a significant change in the place of work, it will obviously affect the employee's decision when signing the employment contract. Therefore, if the employment contract is not clearly stated that there will be a major change in the workplace in the future, the relocation of the employer should be carried out in accordance with the provisions of Article 40 of the Labor Contract Law. Legal basis:

Article 40 of the Labor Contract Law of the People's Republic of China provides that under any of the following circumstances, 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: (1) the employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent 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 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.

Economic compensation: One month's salary is paid to the employee according to the number of years of service in the employer.

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.

When the company moved, it did not provide labor conditions in accordance with the labor contract. If the scope of the work place exceeds the scope of the work place agreed in the labor contract, and the situation of "major changes in the objective circumstances on the basis of which the labor contract is based at the time of the conclusion of the labor contract makes it impossible to perform the labor contract", the employer shall negotiate with the employee, and if he is willing to work at the new location, sign an agreement on the modification of the labor contract and continue to perform the contract at the new location; If the employee is unwilling to go, the employer shall give him severance payment.

If the relocation location does not have a great adverse impact on the employee, and the appropriate change of the workplace has been agreed in the labor contract, the employee shall obey, if the company moves far away when relocating, it will inevitably increase the burden of the employee and have a significant impact on the worker's life, and the change of the workplace has seriously affected the realization of the purpose of the contract. The worker has the right to refuse to work at the changed place of work. In this case, the employee also has the right to request the termination of the labor relationship and the right to receive economic compensation. Article 46 of the Labor Contract Law stipulates that under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law, and terminates the labor contract in agreement with the labor association and the orange potato merchant; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Legal analysis: If the place of work in the labor contract changes due to the relocation of the enterprise, the employer and the employee shall negotiate, if the negotiation fails, the employee can propose to terminate the labor contract one month in advance. The employer shall pay the worker severance according to the number of years he has worked in the employer, one month's salary for each full year, half a month's salary for less than half a year, and one month's salary for half a year and less than one year.

Legal basis: 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 giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent 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 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.

Article 44 The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.