The company relocated the factory and unilaterally terminated the labor contract, how to compensate

According to the Labor Contract Law, an employer cannot terminate or terminate a labor contract during the period of childbirth or breastfeeding, and may only terminate the labor contract after the expiration of the period of childbirth or breastfeeding.

There are three situations in which an employer unilaterally terminates an employment contract:

1. For illegal termination, the employer shall pay double the economic compensation to the employee as compensation.

2. In the case of legal termination and in accordance with Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee.

3. If the termination is legally terminated and does not comply with Article 46 of the Labor Contract Law, the employer is not required to pay economic compensation to the employee.

As for social security, workers can renew their contributions or go through the transfer procedures according to their own circumstances.

Labor Contract Law

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 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Women are entitled to paid breastfeeding leave after childbirth, so two months' pay after childbirth is legally obligatory.

Company relocation. If the company requires you to buy out, you must notify you in advance, and if it cannot be invalidated, you can apply for cancellation of the buyout or compensation according to law.

If you request a buyout, you can calculate the severance based on the company's per capita income in the previous year.

If the company does not agree.

You can then apply for arbitration at the Labor Bureau.

or go to court to file a lawsuit.

Hello, if the contract has not expired and there is no fault on my part, the unit shall pay economic compensation, and apply for arbitration if the negotiation fails.

According to the provisions of the Labor Contract Law, the relocation of a factory shall be subject to economic compensation to the employee, and the amount of compensation shall not be less than three times the minimum wage standard agreed in the original labor contract, and shall not be less than three times the local minimum wage standard. Therefore, if the boss relocates the factory and does not terminate the labor contract, the worker should be given economic compensation.

Lawyer's answer: If the factory wants to relocate, there will be compensation for the workers. If the factory demolition workers are willing to follow the factory to relocate, the factory shall give the workers a demolition and resettlement fee; If the factory demolition worker is unwilling to follow the factory relocation and needs to terminate the labor contract, the factory shall give a certain amount of economic compensation.

Legal basis: Article 40 of the Labor Contract Law.

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.

It is reasonable and legal for you to relocate, and you are not willing to go. If the old factory continues to operate, the termination of the contract between the company and you is a breach of contract, and you should be compensated. The enterprise is mainly agitated and relocated, and the old city post is still there, which is not an objective reason for non-performance of the contract, and does not meet the statutory situation.

It shall be dealt with in accordance with Article 87 of the Labor Contract Law. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. You can ask the business to perform the contract, and the company must perform it.

If you agree to terminate the contract, you should be paid double compensation according to Article 47 and you should receive one month's salary as compensation.

According to the average salary of the previous 12 months, the normal salary should be paid, Shanghai and Guangdong have clear opinions on what this compensation standard includes, and whether other provinces and cities have a clear opinion, it is not very clear, you can consult the local arbitration bureau, they will have a standard or a reference to the implementation of the ** situation over the years.