If one day, the company wants to relocate and move to a town 45 kilometers away from the current urban office, be willing to follow?If you do n’t want to go, do you resign directly, or negotiate with the company for economic compensation?
What should we do if the company does not agree with compensation and moves away directly?Do you not go to work in a new place, will we count as absenteeism?Can we go directly to labor arbitration?
In the case of typical labor disputes released by Changzhou City in Changzhou City, there is a dispute about the relocation of the company. Let’s take a look at how the workers deal with it.
Sister Xue, in September 2016, joined a battery factory in Changzhou, engaged in operator work, and work in Xinbei District, Changzhou.
In 2021, the company informed Sister Xue that the company would move to the industrial park downstairs in Rulin Town, Jinnan District.The reason is that the factory where the rent is restricted, and the landlord is auctioned by judicially.
Sister Xue was not happy as soon as she heard it. This was too far away. How can I get to get off work in the future?
The company told Sister Xue that considering the employee’s commutation, she had specially prepared a shuttle for everyone.
Sister Xue saw the bus line even more unwilling, how did this make herser work?It takes four or five hours to travel every day, who can stand this!(For details of the distance from the distance between the two factories, see the figure below. Tianshan Road is the original factory.
If you move the factory, the company can’t wait, but the company did not wait for Sister Xue, and the company moved away on October 12.
As soon as Sister Xue saw that the company moved away, she must not go, and she would compromise. Sister Xue consumed in the company’s dormitory and waited for the company to give a statement.
On October 16, 2021, the company asked Sister Xue to move out of the employee’s dormitory, and there was a dispute between the two sides.After Sister Xue called the police, she moved away from the dormitory under the coordination of the police.
On the same day, the company arranged a employee (an ordinary employee, not a personnel) to contact Sister Xue, urging him to come to work quickly.If you don’t want to go to work, go to the factory to resign.If you don’t come to work, the company will notify her according to the absence.
As soon as Sister Xue heard, the company not only drove me out of the dormitory, but also fired me, so Sister Xue chose labor arbitration.
During the labor arbitration, Sister Xue proposed:
1. There is an agreement on the labor contract with the company, and the mounting salary is implemented, that is, 32 yuan/100,000 battery.According to the "Labor Law", overtime pay should be calculated at 1.5 times wages during overtime, that is, 48 yuan/100,000 battery.The company only pays overtime fees at 32 yuan, which is illegal, and pays a full -scale overtime fee of 30,000 yuan.
2. The company moved too far, which caused themselves to be unable to go to work. It belongs to the situation stipulated in Article 40 of the Labor Contract Law -the objective situation based on the establishment of a labor contract has changed significantly, which caused the labor contract to be unable to perform.Economic compensation is 27,095 yuan.
The company’s representative lawyer read the demands of Sister Xue, and said that as long as Sister Xue was willing to mediate, the company was willing to pay economic compensation.And the amount of Sister Xue’s economic compensation was calculated at the scene, which was 28877.86 yuan, which was two thousand yuan a little smaller than Sister Xue.But Sister Xue did not agree, she said that the overtime fee must be given.
The two sides failed without mediation, and the results of the arbitration rejected Sister Xue’s request.(The specific reason is not announced, I guess the reason should be the same as the first trial, everyone continues to look down.)
1. The company pays the labor compensation in full and in time in accordance with the part -time wage system agreed by the two parties, and it will be confirmed by Sister Xue on the salary details table.It is advocated that the company is required to pay overtime wages. There is no factual basis and does not support it.
2. Sister Xue advocated the company’s phone call to the relief of the labor relationship, but the recording evidence provided by him can only prove that she has not been working normally for many days and is unwilling to work in the new factories.
It was found that starting from October 12, 2021, Sister Xue did not return to the company to continue working.The court of first instance determined that the labor relationship between the two parties was lifted automatically.
Translate into big vernacular:
1. On the salary sheet, Sister Xue signed and said that she confirmed the salary amount and there was no objection. Now, in turn, the company pays less overtime pay.
2. The company did not dismiss Sister Xue from the beginning to the end. This class was not going on by Sister Xue himself. She should be regarded as a resignation of Sister Xue himself.Since I resigned myself, there is no economic compensation.
The company needs to be relocated by the judicial auction of the rental plant and needs to be relocated. There is no error in subjective.However, the location of the work is the necessary clause of the labor contract. To change the content of the labor contract, the employer and the workers are negotiated.
The location of the work is not only a place for workers to provide labor, but also the reliance on the work and living environment, interpersonal relationships, and social communication that workers depend on survival.Therefore, when the employer needs to adjust the work location for some reason, not only the contractual agreement between the two parties, but also the impact of the adjustment on the working conditions and living environment of the workers to merge whether it is reasonable to adjust the place of work.
In this case, the company was relocated from the Xinbei District of the city to Rulin Town, Jintan District. The economic development level and the surrounding environment of the two places were obviously different, and the two places were more than 50 kilometers apart.The contract can no longer be fulfilled normally. Now Sister Xue does not agree to work at a new place of work. In fact, the two parties have failed to reach an agreement on the change of labor contracts.
In this case, the company can lift the labor contract between the two parties in accordance with the above provisions, but the company did not make a decision to terminate the labor contract. Instead, Sister Xue asked to resign by themselves. In fact, it was to force the workers to resign and avoid the obligation to pay economic compensation.In view of the fact that the two parties have not continued to perform labor contracts, they should be deemed to be deemed to be unable to fulfill the case -related labor contract. The company should pay the corresponding compensation of the labor contract economic compensation to Sister Xue.Sister Xue now advocates that economic compensation is 27,095 yuan that does not exceed the company’s economic compensation amount, and she should be supported.
Regarding the overtime salary, the company’s salary should be paid in the company, which also contains the basic salary and the amount of overtime salary. It can prove that the company pays the work of Sister Xue in a timely manner in time, and Sister Xue also signs the wages of the salary details to confirm.Sister Xue now requires the company to pay overtime wages. There is no factual basis and does not support it.
Results of the case: The company paid Sister Xue’s economic compensation for 27,095 yuan, and did not pay overtime pay.
In this case, Sister Xue won and received compensation, which was a matter of anger for workers.But I think that Sister Xue’s approach is not worthy of everyone. Sister Xue’s victory is just a case and is not universal.
Why don’t I recommend that you do this?
Because whether it is the result of the first instance or the result of the second instance, it is a judgment made by the judge based on its own free decline and evidence, rather than a ruling made by a certain law and regulations that can just be pressed on the case.Since it is a free tailoring, it can be explained today, and it can be explained like that tomorrow. The third explanation may also appear to change the judge.Its uncertainty is greatly improved.
What should we do when we encounter this situation?
In fact, the focus of disputes in the dispute between such companies is the labor contract that is canceled first.In this case, the first instance judge believed that Sister Xue resigned automatically, and the second instance judge believed that the company’s moving behavior caused the two parties to terminate the labor contract, and the company responded to it.So as long as you sit down who to relieve the labor contract, such disputes are well determined.
How to sit down?Two ideas.
See if the company has dismissed us?For example, if we do not go to work in a new place, the company has dismissed us on the grounds of absenteeism.
Secondly, can we initiate a forced labor contract.
According to Article 38 of the Labor Contract Law, if the employer fails to provide labor conditions in accordance with the labor contract, the worker may terminate the labor contract.In accordance with Article 46 of the Labor Contract Law, if a laborer relieves the labor contract in accordance with Article 38 of the Law, the employer shall pay the economic compensation to the workers.
In this case, if Sister Xue first mentioned that she was forced to terminate the labor contract, the victory would be greater.
This is a real case. Interested friends can search the Internet online: (2022) Su 04 Police 3302, check the judgment.
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