The company's address change is a major change in the content of the labor contract, and the unit needs to obtain personal consent. Otherwise, the unit unilaterally violates the labor contract and needs to compensate you.
There is no compensation for not moving the factory, and there is no compensation for the employees who move the enterprise. If the employer moves in the same city and the labor contract continues to be performed, the employee will not pay economic compensation if he does not go. Enterprises and employees shall fully perform their respective obligations in accordance with the provisions of the labor contract, and enterprises shall not reduce the wages and benefits of employees without authorization.
If, despite the relocation, the labor contract can still be performed normally due to various factors, this relocation does not belong to the statutory "significant change in objective conditions", and the workers generally need to continue to perform according to the labor contract. If negotiation fails, it will be difficult to give compensation.
The compensation scope of the company's relocated employees includes:
1. Force majeure, or enterprise relocation, merger, enterprise asset transfer and other circumstances. , the occurrence of the labor contract can not be fulfilled in whole or in part, but does not include the objective circumstances that lead to economic layoffs;
3. 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. The signing of a labor contract is based on various conditions at the time of signing. The work place is one of the necessary clauses in the labor contract, which shows that the work place is an important judgment condition;
3. Assuming that the company notifies 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 a labor contract, if it is not clearly stated that the workplace will change greatly in the future, the relocation of the unit should follow the provisions of the Labor Contract Law of People's Republic of China (PRC).
Legal basis:
Article 40 of People's Republic of China (PRC) Labor Contract Law
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.