If the company s work content and address change at the same time, can the employee claim compensati

If an individual employee requests to terminate the contract, he or she cannot request the enterprise to pay the payment in lieu of payment. But financial compensation is possible, generally one month's salary for one year.

For specific standards, please refer to Article 47 of the Labor Contract Law (severance 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.

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. ）

You can negotiate with the employer, but if the negotiation fails, you can apply for arbitration from the labor department where the company is located. Hope it helps.

As you mentioned, if the two companies do merge, according to Article 35 of the Labor Contract Law, the original contract will continue to be performed, and the merged company will continue to perform.

If there is indeed a major change in the objective situation after the merger, and it is necessary to adjust the position and change the location, the company still needs to reach an agreement with you, and you can refuse, so the company needs to give one month's written notice in advance or pay an additional month's salary and pay severance according to your working years, and you cannot claim severance and wages in lieu of notice if you take the initiative to terminate the contract (the company has no statutory fault as stipulated in Article 38 of the Labor Contract Law).

If there is no major change in the objective situation after the merger, and the company proposes to change the position and location, and you refuse, the company will not terminate the contract because of this, which is illegal to terminate the contract, and you need to pay compensation according to twice the economic compensation.

If the company changes the place of work, if there is a major change in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the labor contract, and the employer fails to negotiate with the employee, the employee may receive economic compensation from the employer.

Article 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 if the employer notifies the employee in writing 30 days in advance or pays the employee one month's salary after paying the employee

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 employee:

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law.

OK. If you do not agree to the change of work location, the employer will terminate the labor contract and you can receive compensation or compensation. If you resign by yourself, you will not be able to pay compensation.

According to Article 47 of the Labor Contract Law, severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. If the number of months or more is less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.