How to compensate for the relocation of employees?

Legal analysis

The employer does not need to pay economic compensation when moving. Whether the employer pays economic compensation depends on whether the labor contract can continue to be performed.

1. If employees are willing to work in different places, both parties can negotiate and ask the unit to provide necessary help, such as providing shuttle buses and dormitories.

2. If the employee doesn't want to leave, the objective situation has changed greatly, the original labor contract can't be continued, and both parties can't reach an agreement through consultation, and the unit will compensate. If you don't give a month's notice in advance, you will have to pay a month's salary instead of giving a notice.

The compensation standard is calculated according to the employee's pre-tax salary 12 months before leaving the company. If there is a year-end bonus, divide the year-end bonus by 12, and then see how many months the year-end bonus involves, and count this money.

After calculating the average, according to the employee's working years in the unit, one month's compensation will be paid for every year, one month's salary for every year, and half a month's salary for every year.

legal ground

Article 40 of the Labor Contract Law of People's Republic of China (PRC) is under 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:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(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.