When the company moves, the employee does not want to go to the new office space, so can the employee be compensated?
Recently, a netizen left me a message, specifically like this:
I would like to ask you, our factory was relocated in May or June 2022, from Jiangning District of Nanjing City to Lishui District. (The work address indicated in the labor contract is Nanjing) There is a forty-kilometer appearance between the current factory site and the new site. The factory provides shuttle buses, and then at the end of 22 and 23 years, the relocation contribution award is issued (about a month's basic salary, more than 3,000, less than 2,000). Other subsidies are not said, and it is estimated that there are no. But if we go back and forth, it will take more than two hours, and if we are stuck in traffic, it is difficult to say. And most of our factory is on two shifts to work 12 hours, plus the time on the road, there is no time to accompany the family, want to accompany the child do not think. The factory also proposed three shifts for eight hours, but I went to earn money, eight hours down the estimated more than four thousand yuan, where can not earn this number, I have to run so far. So I don't want to go, after all, it has too much impact on life.
In response to this netizen's message, in fact, it involves the issue of enterprise relocation or relocation, and the work address is a very important part of the labor contract, and the reply is as follows:
1. Where there is a relocation within the city or in close proximity, in trial practice, it is generally believed that there is no need to consult with the employee, and the employee should obey the arrangement to work at the new address, and it is difficult to get compensation.
2. If the employee relocates to a foreign country, or relocates remotely, and indeed has a major impact on the normal life of the employee, it is necessary to change the working place agreed in the labor contract through consultation with the employee, if the employee does not agree, the company can terminate the labor contract after notifying the employee in writing thirty days in advance or paying the employee an additional month's wages, in which case it is necessary to pay economic compensation to the employee.
I told the netizens who left such a message that they can be compensated in this case. Based on the judgment of these aspects:
1. From Jiangning District to Lishui District, the distance is more than 40 kilometers, which is beyond the reasonable relocation distance range.
2. The company provides factory cars and transportation subsidies, but the commuting time is more than 2 hours, which greatly affects the lives of employees and does have an important impact on the lives of employees.
According to the law, employees can get one month's salary a year as an economic condition, if they have worked in the unit for ten years, they can get ten months' wages, which is a change of circumstances, that is to say, when the unit changes the place of work, as an employee can not agree to the change, then the unit can still be dismissed, but in this case, as the company is obliged to pay the employee a year and a month's salary as economic compensation.
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