A, Dongguan factory relocation employee compensation standard
1, if the factory moves and the employer and the employee terminate the labor contract through consultation, then the employer shall pay economic compensation according to the employee's working years in the unit.
2. The workplace agreed in the labor contract has changed due to the relocation of the factory, but the workers are unwilling to move with it, and the objective conditions on which the labor contract was concluded have changed greatly, resulting in the inability to perform the labor contract. If the employer and the employee fail to reach an agreement on changing the contents of the labor contract through consultation, the labor contract may be terminated. The employing unit shall pay economic compensation to the workers.
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.
Second, what are the situations in which the company dismisses employees without compensation?
1, proved to be unqualified for employment during the probation period;
2, a serious violation of the rules and regulations of the employer;
3, serious dereliction of duty, corruption, causing great damage to the employer;
4. The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
5. The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
6. Being investigated for criminal responsibility according to law.
3. Can a company directly dismiss its employees when it moves?
If the company goes beyond the work place agreed in the labor contract, which is in line with Item (3) of Article 40 of the Labor Contract Law of People's Republic of China (PRC), "The objective conditions on which the labor contract was concluded have changed greatly, resulting in the inability to perform the labor contract", the employing unit shall negotiate with the workers, sign a labor contract modification agreement if they are willing to work in the new place, and continue to perform the contract in the new place; Unwilling to go, the employer shall give a written notice 30 days in advance.
The above is a detailed introduction to the compensation standard for employees relocated from Dongguan factory. To sum up, I remind you that the new address of the company has greatly changed the employees. At this time, the company should negotiate with the employees to determine that they can work at the new address and continue to perform the labor contract. If you have any legal questions, it is recommended to consult a professional lawyer.