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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:
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 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of the 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.
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Legal analysis: According to the provisions of the Labor Law, if the factory is relocated and the place of work agreed in the labor contract changes, and the employee is unwilling to move with him, the labor contract should be terminated through negotiation. The employer shall not only settle the wages of the employee, but also pay the employee one month's salary for each full year of work (if it is more than half a year but less than one year, it shall be counted as one year; If it is less than half a year, half a month's salary shall be paid).
Legal basis: Labor Law of the People's Republic of China
Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Labor Contract Law of the People's Republic of China.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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Summary. The company moved to the factory, and the employees did not go to be compensated. If the employee does not go to the factory and does not belong to the labor contract to continue to perform, the employer shall pay one month's salary and economic compensation every year according to the employee's working years in the unit.
If the relocation of the company falls within the scope of the performance of the labor contract, and the employee proposes to terminate the labor contract on the grounds of the company's relocation, it shall not be determined that the company has failed to provide labor conditions or labor protection in accordance with the agreement, and the employee's claim for severance for the forced termination of the labor contract shall not be supported.
The company moved to the factory, and the employees did not go to be compensated. If the employee does not go to the factory and does not belong to the labor contract to continue to perform, the employer shall pay one month's salary and economic compensation every year according to the employee's working years in the unit. If the company moves potatoes late and falls within the scope of the performance of the labor contract, and the employee proposes to terminate the labor contract on the grounds of the company's relocation, it shall not be deemed that the company has failed to provide labor conditions or labor protection in accordance with the agreement, and the employee shall not be disturbed by the payment of severance for the forced termination of the labor contract.
Yes. Hope mine can help you.
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Summary. Hello, if you really want to quit your job because of moving, I recommend that you write like this.
Hello dear leaders, after our company moved to the first place, my past words are really inconvenient, I don't want to affect the company's work because of my personal reasons, so it is unfair to the development of the company, or for colleagues, so I decided to resign to the company, I hope the leadership can approve!
I hope that our company can recruit more suitable personnel, and I also hope that we have the opportunity to cooperate again, and I wish the company better and better development.
Your name and date can be written in the lower right corner, I wish you all the best.
The factory is going to move, don't go with the factory, you have to leave in advance, how to say quit.
Hello, if you really want to resign because of moving, I suggest you write like this Dear Leader, after our company moved to the ** place, my past words are really inconvenient, I don't want to affect the company's work because of my personal reasons, let Cha this be unfair to the company's development, or for colleagues, so I decided to give the company a resignation, I hope the leadership can approve! I hope that our company can recruit more suitable personnel, and I also hope that we have the opportunity to cooperate with Xiangxiang again, I wish the company better and better development, you can write your name and date in the lower right corner, I wish you all the best. Good.
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You can apply for labor arbitration at the Labor Dispute Arbitration Commission of the local Human Resources and Social Security Bureau. The employer and the employee may apply for labor arbitration in the event of the following labor disputes:
1. Disputes arising from the confirmation of labor relations;
2. Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3. Disputes arising from removal, dismissal, resignation and resignation;
4. Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
5. Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;
6. Other labor disputes stipulated by laws and regulations.
The party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.
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Summary. Hello, the company that relocates employees who do not want to go to work at the new address needs to pay severance or notify the employee in writing 30 days in advance to terminate the labor contract. The Labor Contract Law stipulates that if there is a major change in the objective circumstances on which the labor contract is 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 negotiation, 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.
The factory is relocated, the employee does not want to go to the new factory, the employee writes a letter of resignation, and the boss does not approve it, can the employee get the salary of the current month?
Hello, I am glad to serve you, I have received your question, and I am sorting out the answer for you, it takes time to guess the word on the bridge, and please be patient and wait for a while, and answer it for you immediately! Potato eyes.
Hello, resignation without approval and leaving is also paid, but it must be submitted 30 days in advance, and the employer must pay the salary; Moreover, the employer cannot deduct his wages, and if the employer deducts his wages without reason, the employee can file a complaint with the local labor inspection department or apply for labor arbitration. According to Article 37 of the Labor Contract Law of the People's Republic of China, an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee notifies the employer three days in advance, and may terminate the labor contract by accompanying the employee.
If I'm helpful to you, don't forget to give it a thumbs up, thank you, I wish you a happy life! All the best! <>
If the factory does not notify the employee 30 days in advance of the relocation, the company that does not want to go to work at the new address needs to pay severance or notify the employee in writing 30 days in advance to terminate the labor contract. The Labor Contract Law stipulates that if there is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability 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 negotiation, 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.
If I'm helpful to you, don't forget to give it a thumbs up, thank you, I wish you a happy life! All the best! <>
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If an employee resigns, the employer shall pay the employee's wages in a lump sum on the day of resignation. The employer shall not default on the wages of the employee. According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
Article 30 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall, in accordance with the provisions of the labor contract and state regulations, pay labor remuneration to the employee in full and in a timely manner. If an employer pretends to be in arrears or fails to pay the full amount of remuneration, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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