Is there compensation for the company not moving?

Hello, if the company moves its employees and is unwilling to work at the new address, it needs to pay economic compensation or notify the workers in writing to terminate the labor contract 30 days in advance. The Labor Contract Law stipulates that the objective conditions on which the labor contract was concluded have changed greatly, which makes the labor contract impossible to perform. If the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary.

Will employees who have moved from the company be compensated for refusing to go to work at the new address?

The Ministry of Labor's explanation of some provisions of the Labor Law of People's Republic of China (PRC) pointed out: "The objective situation in this article refers to the force majeure or other circumstances that make the terms of the labor contract unable to be fulfilled in whole or in part due to the relocation, merger and asset transfer of enterprises." , but does not include the objective conditions that lead to economic layoffs. However, considering the actual situation and legislative intent, not all enterprises have to relocate, but the relocation where the workplace has undergone major changes and the labor contract cannot be fulfilled can be regarded as a trigger condition.

Your company moved from Xuhui District, Shanghai to Songjiang District, and friends who are familiar with Shanghai know that the span is quite large. Moreover, Songjiang District belongs to the suburbs of Shanghai, and the traffic conditions are not as good as Xuhui District, which belongs to the urban area. Even if the shuttle bus is provided, it will have a great impact on employees' commuting. From your description, many employees think that the new work place is too far away and they are unwilling to work in the past, which shows that it is really difficult to continue to perform the labor contract. Therefore, the relocation of the company should belong to "the objective conditions on which the labor contract was concluded have changed greatly, resulting in the inability to perform the labor contract."

Some units think that if such a thing happens, they can directly ask employees to work at the new office address without consulting them. If some employees are unwilling, they will resign directly. This idea is wrong.

The signing of a labor contract is based on various conditions at the time of signing. According to the Labor Contract Law, the workplace is one of the necessary clauses of the labor contract, which shows that the workplace is an important judgment condition. Assuming that the company informs the workplace in advance that there will be major changes, it will obviously affect the decision of employees when signing labor contracts. Therefore, when signing the labor contract, it was not clearly stated that the workplace would change greatly in the future, and the relocation of the unit should follow the provisions of Article 40 of the Labor Contract Law.

For your company, the company should solicit the opinions of every employee and agree that you will continue to perform the labor contract when you work in Songjiang; If you don't agree to go, you will be notified in writing 30 days in advance to terminate the labor contract and give economic compensation.

legal ground

Article 40 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "In 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 extra month's salary: (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation."