Can The Company Pfer Compensation To The New Site?

According to Ms. Liu, she worked in an enterprise near her home 5 years ago. At that time, the company signed a 2 year labor contract with her, and the work place in the contract was "Shanghai".

At that time, the company also promised that without special circumstances, the contract will expire with her.

Although she was in three shifts, she had to work on the morning shift and night shift, and sometimes she had to work overtime. But fortunately, she was close to home, and her bicycle was only more than 10 minutes away.

Who knows, before the Spring Festival holiday this year, she heard the news that the company was moving.

Sure enough, after the Spring Festival, the department managers met with them, saying that the company would move, and all the staff moved with the company, and the jobs, wages and so on remained unchanged.

She felt that although she was still in the urban area after the relocation of the company, she had a long way to go to work. The one-way trip took nearly an hour. If she went to work at 5 o'clock, she would go home late at night.

Obviously, she could not take care of her family as she used to do, which made her very embarrassed. After all, her husband worked in the field, and the young and sick parents depended on her to take care of them alone.

It seems that only to quit, for this reason, she asked the Department Manager to talk about her difficulties, and hoped that the company could relieve her labor contract and give her economic compensation.

The manager sympathized and agreed to reflect her situation. But two days later, the manager told her that the company did not agree to cancel the contract. If she did not, she could only resign.

The manager also wanted her to understand the company's difficulties, because if she agreed to do so, other employees would follow suit, so people would be lost.

However, the manager revealed that the company would consider the problem of the commuter car, and now hopes that she will overcome it for the time being.

Luo Qiang, director of Shanghai red three rights law firm, said the case is typical, because at present,

Some of them increased in the urban areas, others moved to the more remote suburbs, and even moved to the Jiangsu and Zhejiang provinces bordering the city, which did bring inconvenience to the performance of the labor contracts.

Moreover, how to deal with this problem concerns the maintenance of the rights and interests of employees and the stability of production and operation of enterprises.

As for Ms. Liu's case, the relocation of the company did bring inconvenience to her, but this did not cause the company to terminate the contract with her.

First of all, although Ms. Liu's labor contract has agreed that the working place is Shanghai, the company is only moving across the region, and the address is still in the city and within the urban area, so this can not be regarded as "generally".

"Change" must be "negotiated" with myself, otherwise it will be a breach of contract.

Secondly, although

"Stipulates that when the labor contract is concluded, there is a major change in the objective situation, resulting in the failure of the labor contract to be fulfilled, and the labor contract can be terminate after the operation is prescribed by law.

However, there is no significant change at present. Only the change of location brings about the increase of working time. Without consensus, employers should not give employees financial compensation.

Once again, the company expressed willingness to increase the number of pport vehicles, so Miss Liu temporarily overcome it is also feasible.

We must dissolve the contract, and enterprises must also consider the cost and the continuity of production and operation.

Finally, if the place of work specified in the original contract is "this area" or the relocation of enterprises in different cities, this should be considered as "a major change in the objective situation resulting in the failure of the labor contract to be fulfilled". The workers may require the enterprise to terminate the contract and pay the economic compensation.

Luo stressed that at present, some enterprises should pay special attention to the payment of economic compensation through relocation.

Because these enterprises have moved far away, some jobs have been demolished, and no dormitories or shuttle buses have been provided. The roads are far away. Sometimes there are no buses in the evening. They should be allowed to choose or walk or stay, but these units still refuse to make compensation because of the fact that they continue to fulfil the contract, forcing them to leave their own homes, so that they can not pay a penny of compensation.

In a word, Luo said that the relocation of workers should be understood, and the employees are in fact difficult. Enterprises can not turn a blind eye to it, so that both sides can find a meeting point, and can also promote harmonious and stable labor relations.