Can a company force an employee to relocate?

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 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 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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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 payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

It shouldn't be, at least ask for your opinion, and then communicate, and you can also resort to law when you encounter this kind of problem.

As an employee of the company, you are obliged to obey the company's employment arrangement, otherwise the company may terminate the contract.

Legal analysis: The company cannot transfer employees at will, and if the transfer is made, it must first reach an agreement with the employee before the transfer. Usually the position will be written in the signed labor contract, and the transfer is strictly to adjust the terms of the labor contract, so in principle, it is necessary to negotiate with the employee before the transfer.

At the same time, because the job transfer is the main content of the change of the labor contract, if the employer unilaterally adjusts the position, it is generally invalid in principle.

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

Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.

Article 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.

It generally depends on the specific situation. If the contract with the employer stipulates that the employer can adjust the position, the employer's practice is legal. However, if there is no agreement, the employer shall negotiate with the individual, and if there is a change in the treatment and the contract fixes the treatment, it can be regarded as a unilateral change in the content of the labor contract, and the employer may request to continue according to the original agreement, or the labor contract can be terminated with the employer, in which case the resignation shall be compensated or the employee shall apply for labor arbitration.

If the employee is not qualified for the existing position, can the company transfer the position at will?

1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle;

2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment nature, the salary is not reduced, and there is a correlation between the position agreed in the labor contract, the transfer is valid; You as a laborer should abide by it. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. You can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of work, that is, 2N;

3. If the employee is not competent for the job, the employer also has the right to adjust the position. Of course, the employer also needs to provide evidence if it claims that the employee is incompetent for the job. If the employee refuses to adjust the position, the employer terminates the labor contract on this basis, which is a legal termination, but the employer should also pay economic compensation, i.e., n.

The company forces the employee to change jobs, and the employee does not agree, in this case, the company violates China's "Labor Contract Law". The employee can disagree or terminate the labor contract and demand compensation from the company. One party shall not arbitrarily request a change of the position agreed in the labor contract.

Unless the employer and the employee reach an agreement, the content of the employment contract can be changed.

Labor Contract Law of the People's Republic of China

Article 26 The following labor contracts are invalid or partially invalid: (1) Fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to their true intentions;

Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

Legal analysis]: The company forcibly transfers positions, and the worker must ask the unit for written documents as evidence. Compulsory job transfer is a unilateral change of labor contract by the employer, and the written document of compulsory job transfer is a strong evidence for the employee to file a lawsuit and protect his rights.

If the worker is unwilling to accept the forced transfer, he or she should try his best to maintain his or her original job, collect relevant evidence, and immediately file a complaint with the labor inspection or file a labor arbitration application with the labor arbitration department. If the complaint and arbitration cannot protect the rights and interests, the employee can file a lawsuit in court.

Legal basisArticle 18 of the Interim Regulations on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Legal analysis: The company cannot arbitrarily transfer the position of the employee, the work content and place of work are the terms that the labor contract should have, and the arbitrary transfer of the employee's position violates the labor contract law.

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

Article 17 The labor contract shall contain the following provisions: (1) the name, domicile 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 provided 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 32 Where a worker refuses to be commanded by the management of the employer in violation of rules and regulations or compels him to work at risk, it shall not be deemed to be a violation of the labor contract.

Depending on the actual position of the company, it is possible to transfer from person to person.