Legal analysis
If the relocation of the company falls within the scope of the performance of the labor contract, the employee should continue to perform the labor contract, that is, the employee should work in the new office. If the employee refuses to work in the new office, it constitutes absenteeism, and the company can handle it according to the rules and regulations. For example, it is a serious violation of the company's rules and regulations that the company stipulates that employees are absent from work for more than three consecutive days, and the company has the right to terminate the labor contract. Then in this case, the company can dismiss employees without paying economic compensation. According to the regulations, if an enterprise moves within the administrative area of this Municipality, employees can take public transport in this Municipality for commuting, or if the enterprise provides transportation subsidies, free transportation and other convenient conditions, which have no obvious impact on the lives of employees, the labor contract will continue to be performed, and the workers will not be compensated if they do not move with it; On the other hand, if the employer fails to provide working conditions as agreed in the labor contract, the employee can terminate the contract and enjoy economic compensation. Economic compensation is based on the working years of employees, and one month's salary is paid every year.
legal ground
People's Republic of China (PRC) labor contract law
Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 40 In case of 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.