The compensation standards for workers who are unwilling to go to the factory are as follows:
1. If there is an agreed relocation place in the contract, the factory will be relocated within the agreed location area, and there will be no economic compensation if the workers do not go;
2. If the relocation place is not agreed in the contract, or the factory is moved to a place other than the agreed place, the workers will be compensated financially if they don't go. This belongs to the situation that the objective conditions on which the labor contract was concluded have changed greatly, resulting in the inability to perform the labor contract. If the laborer is unwilling to move with him, the factory should give a written notice 30 days in advance or pay an extra month's salary to terminate the contract. When the contract is terminated, the salary should be paid in one lump sum, and the employees should be compensated financially. Economic compensation is paid to the workers according to the standard of one month's salary for each full year, one year for those over six months but less than one year, and half a month's salary for those less than six months, that is, the average of all wages in the past twelve months.
What is the compensation standard for employees to move out of the factory?
The compensation standard for employees to move out of the factory is to pay workers half a month's salary for less than six months according to the law. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 40 of People's Republic of China (PRC) Labor Contract Law
Significant changes have taken place in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract. If the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation, 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.
Article 47 of People's Republic of China (PRC) Labor Contract Law
The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 46 of People's Republic of China (PRC) Labor Contract Law
In any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.