Latest Labor LawDoes the company have compensation for relocating workers in the same city

If the company relocates in the same city, whether there is compensation for the employee depends on whether the employee is willing to continue working in the unit, and if he continues to work, there is no compensation. Even if it is in a city, it depends on whether the new place of work is convenient for the worker, and if it is not much different, or even more convenient, it will not be compensated. If it is extremely inconvenient to go to work due to relocation, the labor contract can be terminated by changing the objective situation and can be compensated.

Legal analysisThe relocation of the company's address is a change of the work place agreed in the labor contract, which is a change of labor contract. Modification of an employment contract can only be established if both parties agree through consultation. 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 Labor Contract Law clearly stipulates that the employment contract between the employer and the employee shall contain the content of the work and the place of work. If there is a change in the place of work in the labor contract due to the relocation of the enterprise, the employer and the employee shall negotiate, and if the negotiation fails, the employee may propose to terminate the labor contract one month in advance, and as for the relevant compensation, the employer shall pay the employee economic compensation 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 less than half a year. If the enterprise is demolished and the employee's labor contract is terminated, the employee shall be compensated according to the number of years he or she has worked in the enterprise, and one month shall be made for each full year.

Legal basisLabor 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: (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.

First of all, it depends on whether you are willing to continue working in the unit, and if you continue to work, there is no compensation.

If you don't want to do it, there are two situations, although you are still in the same city, but it depends on whether the new place of work is convenient for you, if the difference is not big, or even more convenient, then you will not be compensated. If it is extremely inconvenient for you to go to work due to relocation and the employer does not arrange a shuttle bus for you, then you can change and terminate the labor contract under objective circumstances and can get economic compensation. Severance is calculated based on the number of years you have worked for the employer, and one month's salary is paid for each full year as severance payment.

The company moved in the same city, and the employees did not go, and there was no financial compensation. If the employer relocates to the same city, the labor contract shall continue to be performed in accordance with the regulations of each locality, and if the employee does not go, no severance shall be paid. "Opinions on Doing a Good Job in the Prevention and Handling of Labor Disputes in the Process of Enterprise Transformation and Upgrading" Yue Ren She Gui 2013 No. 3 (3) on the continued performance of labor contracts.

According to Article 33 of the Labor Contract Law, the change of the name of the enterprise, the legal representative, the main person in charge or the investor (shareholder) shall not affect the performance of the labor contract. According to Article 34 of the Labor Contract Law, in the event of a merger or division of an enterprise, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the enterprise that inherits its rights and obligations. After the "three to one supplement" enterprise is transformed into an enterprise legal person, the labor contract shall continue to be performed by the new enterprise that inherits the rights and obligations.

If an enterprise relocates within the administrative area of the city, and the employees can take the city's public transportation to and from work, or the enterprise provides transportation subsidies, free transportation pick-up and drop-off and other convenient conditions, and there is no obvious impact on the employees' lives, the labor contract shall continue to be performed. If the original labor contract continues to be performed, the enterprise is not required to pay economic compensation. Enterprises and employees shall fully perform their respective obligations in accordance with the provisions of the labor contract, and enterprises shall not reduce the remuneration of employees without authorization; The employee's working years in the enterprise are calculated consecutively, and both parties may indicate the employee's working years in the enterprise in the labor contract or in other written forms.

1. There is definitely no compensation.

2. Whether there is compensation needs to be looked at specifically, such as what is agreed in the labor contract, but there is a high probability that there is no compensation.

If the employer relocates from one city to another, the employer is required to pay severance payments; If you relocate in a city, the employer is not required to pay severance payments.

Labor Contract Law of the People's Republic of China

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 laborer according to the number of years he or she has worked in the unit and the standard of 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 44 of the Labor Contract Law of the People's Republic of China shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker 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, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Legal Analysis: No Compensation. Employees are compensated for inter-city relocation, but there is no compensation for intra-city relocation, unless there are other violations of labor laws.

The employer shall issue a certificate of dissolution or termination of the remaining labor contract when the labor contract is dissolved or terminated due to relocation, and shall pay compensation within 15 days. The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

Legal basis: Article 469 of the Civil Code of the People's Republic of China Article 469 The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Legal Analysis: There is compensation. If the relocation exceeds the administrative area of the city, and the surplus yard cooker refuses to relocate, the relationship between labor and erection can be terminated and the company is required to pay economic compensation.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full 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 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 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.

Summary. 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:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Which labor law is suitable for the company to relocate to another city.

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Company Law of the People's Republic of China Article 33 The change of the name, legal representative, principal responsible person or investor of an employer shall not affect the performance of the labor contract.

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 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 other 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.

Article 40 of the Labor Contract Law of the People's Republic of China shall apply.

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.

If there is no need for a change in the place of work, the employer and the employee must reach an agreement through consultation, and if the agreement is not reached, because the change of the place of work is a major change, the employee may terminate the labor contract with the employer and request the employer to pay severance compensation.

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