Is there any compensation for the relocation of the company, and how to compensate for the relocatio

There must be compensation, because the company is about to relocate, which will inevitably lead to a change in the place where the labor contract is performed. If you don't want to work there, the company will need to pay you severance payments. If the new address is within the scope of the employment contract, and the company has notified the employee in advance when the employment relationship is established, the employee shall obey.

The change of the company's address is a major change in the content of the labor contract, and the employer needs to obtain the consent of the individual, otherwise the employer is a unilateral violation of the labor contract and needs to compensate you. If the relocation is carried out, the employment contract can still be performed normally based on various factors, and the relocation does not belong to the statutory "major changes in objective circumstances", and the employee generally needs to continue to perform the employment contract, and it is difficult to pay compensation if the employee resigns voluntarily if the negotiation fails.

The purpose of setting up the severance system is to encourage the employer to maintain a stable employment relationship with the employee, and the payment of severance is only a legal consequence of the employer's failure to maintain a stable employment relationship. The payment of severance is only a means to prevent enterprises from arbitrarily dismissing employees, and its ultimate goal is to establish stable labor relations. From this, we can conclude that severance payments are in the nature of termination protection.

The nature of the termination protection is reflected in two aspects:

1. Prevention and advocacy, prevent employers from arbitrarily terminating labor contracts, and advocate employers to accept employees for a long time;

2. After the employee "passively terminates the labor relationship", the employee shall be compensated for the termination of the contract in the form of economic compensation, and the payment standard shall be calculated according to the employee's length of service and salary in the enterprise.

The compensation standards for the company's relocation include the following:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production and business suspension caused by the expropriation of housing. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

Legal provisions: 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;

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

1. If the company relocates in the agreed location area and the employee does not go, there is no economic compensation;

2. If the company moves to a place other than the agreed place and the employee does not go, there is a severance payment, and one month's salary will be compensated for each year of work. 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. 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.

This salary is the average of all wages over the past 12 months.

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.

Legal basisArticle 50 of the Labor Contract Law of the People's Republic of China.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Legal analysis: The compensation standard is one month's salary for each full year and half a month's salary for less than six months according to the number of years of service.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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) Terminating 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.

Legal analysis: If the employer moves to a place other than that agreed in the contract, it is deemed to have changed the employee's place of work. The employee has the right to refuse and demand the employer to pay severance for the termination of the labor relationship.

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 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) Terminating 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.

Employees who terminate their employment contracts due to relocation will be compensated.

1. What is the compensation for being dismissed by the company before the contract period expires?

There is no compensation for dismissal by the company before the contract period expires.

If the employee is dismissed because of his or her own legal fault, there is no compensation; If the employer dismisses the employee without fault or dismisses the employee due to layoff, the employee shall be paid severance according to the employee's working years in the unit, and the employer shall pay one month's salary as compensation for each full year of the employee's work in the unit, and the salary shall be calculated as one year for less than one year, and half a month's salary shall be paid for less than six months. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

The employee may terminate the labor contract under any of the following circumstances:

1. Failure to provide labor protection or working conditions in accordance with the labor contract;

2. Failure to pay labor remuneration in full and in a timely manner;

3. Failure to pay social insurance premiums for workers in accordance with the law;

4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;

5. The labor contract is invalid due to the prescribed circumstances;

6. Other circumstances under which the law stipulates that the employee may terminate the labor contract.

2. Whether the company can terminate the contract if the relocated employees are unwilling to go.

If the relocated employee of the company is unwilling to go and the contract may be terminated, and the objective circumstances on which the labor contract was concluded have changed significantly, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through negotiation, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance.

3. Is there any compensation for the unilateral termination of the labor contract by the employee?

If an employee unilaterally terminates a labor contract in accordance with the law, there is generally economic compensation, but no compensation. If the employer violates the law, such as arrears of wages and failure to pay social security to the employee, the employee unilaterally terminates the labor contract, and the employer needs to pay severance to the employee. However, if the employee does not want to do it himself, there is no compensation.

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

For 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.

The monthly wage of the 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 economic compensation to be paid to them shall be three times the average monthly salary of the workers, and the maximum period of economic compensation 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.