Legal analysis
According to the relevant laws and regulations, the employer and the employee should fully perform the labor contract, and the company should inform one month in advance when moving. Generally speaking, the terms about workplace in enterprise labor contracts can be divided into two categories. One is precise agreement, for example, the agreed working place is a building in a street in a certain district of Beijing. The other is a broad agreement, such as vaguely specifying the work place as a certain district in Beijing or the whole country. For the change of work place, some enterprises suggest that enterprises can adjust the work place and post of employees according to the needs of production or operation, and employees should obey without justifiable reasons. This is a mild and negotiable contract clause. However, some enterprises stipulate this clause as follows: enterprises can adjust their employees' working places and posts at any time according to production or business needs, and employees should unconditionally obey them. This is a hard and compulsory agreement, which is easy to cause controversy in the implementation process. In the case of unclear agreement, the usual treatment method in judicial judgment is that if the employee has already worked in the actual work place after signing the labor contract, the actual work place is regarded as the specific work place determined by both parties. An enterprise shall not agree on a broad working place and then change the working place of its employees.
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.