What should I do if the company relocates and employees are reluctant to go?

Enterprise relocation is the result of business decisions, but relocation will objectively cause inconvenience to many old employees. Especially in the process of adjusting the industrial layout in recent years, some heavily polluting enterprises often should be called to choose remote areas in the suburbs to re-set up factories to meet environmental protection requirements, which makes it more difficult for most employees in the factory to commute.

1. Set up a shuttle bus. For the situation where the families of old employees are relatively concentrated, enterprises can set up shuttle buses to transport employees to and from work. Depending on the company's situation, you can purchase a vehicle, hire a driver, or rent a vehicle and driver from a business travel service company.

Because the traffic in the suburbs is often smooth, therefore, after using the shuttle, it will not have a great impact on the commuting time of employees, and it is basically appropriate to have an upper limit of about 1 hour each way, which can be slightly extended in big cities such as Beijing and Shanghai.

2. Set up staff dormitories. If the traffic is congested or the distance is too far, and the shuttle bus cannot solve the employee's commuting work well, you can also take the practice of setting up a staff dormitory in a corner of the factory. Arrange for employees to go home once a week. However, this will increase the dormitory management costs.

and responsibilities, which are not very suitable for married employees. If it is inconvenient for the enterprise to build dormitories, it can consider renting apartments for employees and managing them by a third party, which can reduce the energy involvement of the enterprise and reduce the responsibility for accommodation safety.

Even with the above two diversion methods, there will still be some employees who cannot solve the problem of commuting to and from work. In this way, the enterprise can terminate the employment contract between the two parties in accordance with the provisions of the labor law.

Labor Law of the People's Republic of China.

Article 26 stipulates: "Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation. The Ministry of Labor's "Explanation on Several Articles of the Labor Law" explains: "The 'objective situation' in this article refers to:

Force majeure occurs.

or other circumstances that make it impossible to perform all or part of the terms of the labor contract, such as the relocation of an enterprise, the merger, the transfer of enterprise assets, etc., and exclude the objective circumstances listed in Article 27 of this Law. Therefore, the relocation of an enterprise is a typical situation in which the employment contract can be terminated.

However, such cancellation is not exempt from the payment of liquidated damages. According to the Measures for Economic Compensation for Breach and Termination of Labor Contracts, "if there is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation, the employer shall terminate the labor contract, and the employer shall pay the employee the employee according to the number of years of service in the employer and each full year of working time."

The reason why the company's relocated employees are reluctant to go may be because they are relatively satisfied with the current company environment, or it is very inconvenient to move to a new place, so more material subsidies and incentives should be considered in this regard.

This is a situation where there is a major change in the objective circumstances on which the employment contract is based, and the company may unilaterally terminate the employment contract if the two parties cannot reach an agreement on the modification of the employment contract. The Company's termination of the labor contract on this basis does not violate the provisions of the law and does not constitute an illegal termination of the labor contract, so it cannot pay you compensation, but it shall pay you economic compensation.

If the company does not relocate the employee, the employer and the employee reach an agreement through negotiation, and if the negotiation is not agreed because the change of work location is a major change, in this case, the employee can terminate the labor contract with the employer and request the employer to pay economic compensation.

Employees who don't want to go can settle their salaries and let them find another job, and it's understandable that they don't want to go, some people have started a family in this place, and some are very familiar with this place and are reluctant to leave.

The compensation for the relocation of the company is as follows:

1. If the company relocates to a place other than the work place agreed in the labor contract, the company's relocation is a major change in the labor contract. If the employee chooses not to go, the employer shall pay the employee severance compensation;

2. If the company relocates within the scope of the work place agreed in the labor contract, and the employee chooses not to go, there is no economic compensation;

3. If the company is ready to relocate and re-start the office, it will no longer continue to perform the labor contract with the employee. The employer must notify the employee in writing one month in advance or pay the employee additional notice in lieu of notice before the labor contract can be legally terminated;

4. If, after the relocation of the company, the company takes countermeasures such as working shuttles, providing transportation subsidies, and shortening working hours to ensure the continued performance of the original labor contract, it can generally be considered that the employer has provided the corresponding working conditions for the performance of the labor contract. The company does not need to pay compensation if the employee leaves the company;

5. If the company does not move out of the original municipal-level administrative district after the change of address, whether it will be counted as a change in labor conditions and payment of compensation depends on the labor contract of both parties, as well as the specific circumstances of the occurrence, the evidence of both parties and whether there is a corresponding legal interpretation in the local city;

6. If the company relocates and changes the place of work, if the employee resigns voluntarily, the company does not need to pay any economic compensation or compensation.

Legal basisArticle 36 of the Labor Contract Law of the People's Republic of China.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

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 engage in his or her original job after the prescribed medical treatment period has expired, nor can he engage in other work arranged by the employer;

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.

Company relocation is something you can't do, and you have to face this reality. One is that the company relocates to other parts of the city, and the company has not violated the contract by letting you work at a new address, and if you don't want to go, you can only leave your job.

If the company is moving out of the city, and your labor contract states that the place of work is this city, then the company violates the judgment and anti-labor contract, and the two parties can negotiate to re-sign the labor contract or negotiate a solution such as arranging employee dormitories, etc., if the company has no way to solve the problem or you are unwilling, then the company can violate the labor contract and the company will compensate you for breach of contract and terminate the contract.

Hello, if the company wants to move a place, if the employee does not want to go, then the employee will say why the company moved the place, I believe the employee can understand, do not be hard, which is not conducive to the solution of the problem.

Secondly, you can see if most of the employees don't want to go, or if they are individual, if they are individual, you can do their ideological work alone.

If most employees don't want to go, then you find a person from the employees who usually speaks more authoritative and powerful, as their opinion leader, talk to her individually, and let him take the persuasion to persuade the employee.

At the same time, it is also necessary to let employees understand that the interests of the company and the interests of employees are tied together, and if the company wants to move, there must be a reason for the company to move, but to ensure that everyone's salary and treatment are not affected.

Everyone helped the company get through the difficulties together, what about the future? Our company will move to a place where everyone is happy in the future.

I wish you all the best and a happy holiday season.

The main question is that the rent in the urban area is expensive, and if you want to do it in the suburbs, what should the employees do if they don't want to go?

I hope that employees can share the joys and sorrows with the company, and the welfare of everyone will not be low.

This is to say something big, to make a promise to employees, because sometimes money is only one aspect, the main thing is to let everyone see that the company can think from the perspective of employees.

Of course, if you look at the accommodation and meals of employees in the suburbs, what is the situation in all aspects? You can talk about it to the employee in advance, so that the employee can feel some warmth.

Besides, as I said above, I hope you can find an opinion leader among the employees, talk to him alone, and let him do the ideological work of the employees on behalf of the company, because the employee convinces the employee, than the company convinces the employee, his standing angle is different, and he can make the employee more acceptable.

The employment contract signed by the employer and the employee has a clear work address, and if there is a change, and the company generally does not agree to change the contract address, then the company shall pay the employee severance compensation.

Now that the local ** documents are loose, those who move in the same city do not need to pay economic compensation, but they must provide transportation or sufficient transportation subsidies to employees.

If the company relocates to the suburbs, can the employee refuse?

If the company relocates to another place and the employee does not want to go, the company needs to compensate. This is because relocation to a foreign location is considered a change of place of work for the worker. The employee has the right to refuse and request the termination of the employment relationship, and the employer shall pay economic compensation.

Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer. where it is more than six months but less than one year, it is calculated as one year; If the worker is dissatisfied with the destruction for six months, he shall pay the worker 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 as 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 time for which severance shall be paid 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.

Legal analysis: According to the provisions of the Labor Contract Law, if the employee does not agree to work in the new place when the enterprise is relocated, the employer may terminate the labor contract after compensating the employee.

Labor Contract Law of the People's Republic of China

Article 40 In any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker suffers from an illness or is not injured 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, and the labor contract cannot be performed due to excavation, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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.