Regarding the relocation of the factory, the issue of workers compensation

If the employee is unwilling to move to Shenzhen to work, he or she can request the Chongqing company to pay severance payments.

Zongheng Legal Network-Guangdong Dechong Law Firm-Zhong Jingyue lawyer.

Interim Provisions on Payment of Wages".

Article 12 Where the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

You can negotiate with the employer to ask for the settlement of wages, and pay severance payments, and pay one month's salary for one year of work.

If the negotiation fails, apply to the local labor bureau for arbitration.

Legal basis: Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (6) The labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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.

Workers who relocate from factories shall be compensated. If the relocated workers are willing to follow the relocation of the factory, the factory shall give the workers a resettlement fee for the relocation; If a worker who relocates from a factory is unwilling to terminate his or her labor contract with the relocation of the factory, the factory shall give the worker a certain amount of economic compensation. The severance is paid according to the number of years the worker has worked in the employer and one month for each full year.

If it is more than six months but less than one year, it will be counted as one year. If it is less than six months, the worker will be given 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 severance shall not exceed 12 years.

First, consultation. On the basis of respecting the interests of both parties, the parties reach a consensus on compensation matters and reach a settlement agreement, so as to resolve the dispute. Second, if the negotiation fails, the employee shall be directly paid severance in accordance with the procedures.

According to the provisions of the law, 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 and pay the employee severance in accordance with the law after giving 30 days' written notice to the employee himself/herself, or paying the employee an additional month's salary.

How to compensate for factory demolition?

The compensation standard for factory demolition is:

1. Compensation for demolition assets, including land, houses, buildings and above-ground attachments that cannot be moved, as well as compensation for machinery and equipment that are indeed lost due to relocation;

2. Compensation for demolition costs, including the pre-relocation costs, the shutdown costs incurred in the relocation process, the commissioning and repair costs of machinery and equipment, the disassembly, packaging and transportation of materials, and the compensation for dismissed employees;

3. Incentive expenses incurred based on the demolition policy, including quick relocation fees, demolition incentive fees, etc.

According to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, when the leased factory is demolished, the economic compensation that the lessee can receive includes the loss of production and business suspension, compensation for demolition and resettlement, etc.

Legal basisArticle 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 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.

Legal analysisWorkers who relocate from factories shall be compensated. If the factory relocation workers are willing to follow the factory to relocate, the factory shall give the workers a resettlement fee for the relocation; If a worker who relocates from a factory is unwilling to terminate his or her labor contract with the relocation of the factory, the factory shall give the worker a certain amount of economic compensation.

Legal basisArticle 40 of the Labor Contract Law of the People's Republic of China 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 is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) Workers who are incompetent for their work, and who are still incompetent for their work 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.

Legal analysis: According to the provisions of relevant laws in China, if a factory dismisses employees due to demolition, it is necessary to give employees a certain amount of economic compensation, and one month's salary must be paid as compensation after working for one year.

Legal basis: Labor Contract Law of the People's Republic of China Article 47 For the calculation of economic compensation, the economic compensation shall be paid to the employee according to the number of years of service 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 the rock is transported for less than six months, the worker shall be paid half a month's salary as economic compensation.

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 severance shall not exceed 12 years.

Legal Analysis: As far as the compensation for workers relocated from the factory is concerned, if the employer relocates and the employer terminates the labor relationship with the employee, the employer should pay the employee economic compensation. Severance is calculated based on the employee's years of service in the company and the average salary of the previous 12 months.

According to the salary of one month for each year of service, less than half a year is calculated as half a year, and less than half a year is calculated as one year.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China in the People's Republic of China 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 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 was concluded, making it impossible to perform the labor contract, and the employer and the employee He Jian are unable to reach an agreement on changing the content of the labor contract after consultation.