Enterprises Move To The Suburbs, Workers Resign And Have No Right To Get Financial Compensation.

"P", Xiao Li is the head of a company. Because of the sluggish business, the company decided to move its office from the city to the suburbs without providing shuttle buses or reimbursement for pportation costs.

The company said that because the new office is still in the urban area, there is no need to change the labor contract.

Many customers of Xiao Li are in the urban area. He lives in the city proper. If the company moves to the suburbs, it will not only be inconvenient for the customers, but it will take nearly 4 hours to commute to and from work every day.

Many colleagues chose to resign. Xiao Li did not know whether he could get financial compensation after his resignation.

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< p > the employing unit < a href= "//www.sjfzxm.com/news/index_c.asp" > relocation > /a > whether or not it is necessary to change the labor contract depends on the effect of the relocation itself on the performance of the labor contract.

If the relocation makes the labor contract unable to perform from a normal point of view, it is a statutory "major change in the objective situation". It is necessary for the employer to negotiate with the laborers to reach an agreement on changing the contents of the labor contract. If there is a relocation, the labor contract can still be performed normally, but at this time the relocation is not legal "a href=" //www.sjfzxm.com/news/index_c.asp > objective situation < /a > significant changes ", and there is no need to change the labor contract.

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< p > in addition, in the process of judgement, it is necessary to make a definite agreement with the < a href= "//www.sjfzxm.com/news/index_c.asp" > < < /a > >.

If the situation of changing the place of work by the employer can be regarded as a "major change in the objective situation based on the conclusion of the labor contract", then the labor contract may be changed with regard to the work place, the labor condition or the work welfare.

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< p > up to now, the worker can consult with the unit and choose: first, consider whether to agree to change the content of the labor contract, if agreed, the worker can continue to fulfill the labor contract after making the change; two, if it does not agree with the content of the new negotiation labor contract, then the worker can ask the unit to pay the corresponding economic compensation, then choose to leave the employer.

Of course, the premise of obtaining economic compensation is that the employer proposes to terminate labor relations; if laborers voluntarily resign on this grounds, they will not be entitled to economic compensation.

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< p > the labor contract law stipulates that when employing units to decide rules and regulations or major matters directly related to the vital interests of laborers, it should be discussed by workers' Congress or all staff members, and put forward proposals and opinions, and shall be determined through consultation with trade unions or representatives of workers and staff members on an equal footing.

When employing units to discourage employees with relocation and other reasons, workers can not just hope for individual rights protection, but should organize to propose collective bargaining offer to the company.

Only collective rights protection can be prevented from being "broken down one by one" and safeguarding their rights and interests to the maximum extent.

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