Inter Company Relocation: How Can Employees Terminate Their Contracts?

If the place of work specified in the contract is "this area" or the relocation of enterprises in different cities, this should be considered as "a major change in the objective situation resulting in the failure of the labor contract to be fulfilled". The workers may require the enterprise to terminate the contract and pay the economic compensation.

According to Ms. Liu, she worked in an enterprise near her home 5 years ago. At that time, the company signed a 2 year labor contract with her, and the work place in the contract was "Shanghai".

At that time, the company also promised that without special circumstances, the contract will expire with her.

Although she was in three shifts, she had to work on the morning shift and night shift, and sometimes she had to work overtime. But fortunately, she was close to home and had more than 10 minutes on her bicycle.

More importantly, it did not prevent her from taking care of the elderly and children at home, which made her very satisfied.

Who knows, before the Spring Festival holiday this year, she heard the news that the company was moving.

Sure enough, after the Spring Festival, the department managers met with them, saying that the company would move, and all the staff moved with the company, and the jobs, wages and so on remained unchanged.

She felt that although she was still in the urban area after the relocation of the company, she had a long way to go to work. The one-way trip took nearly an hour. If she went to work at 5 o'clock, she would go home late at night.

Obviously, she could not take care of her family as she used to do, which made her very embarrassed. After all, her husband worked in the field, and the young and sick parents depended on her to take care of them alone.

It seems to be the only thing to do, so she talked to the Department Manager about her difficulties and hoped that the company could dissolve her labor contract to give her financial compensation.

The manager sympathized and agreed to reflect her situation upward.

But two days later, the manager told her that the company did not agree to cancel the contract. If not, she could only resign.

The manager also wanted her to understand the company's difficulties, because if she agreed to do so, other employees would follow suit, so people would be lost.

However, the manager revealed that the company would consider the problem of the commuter car, and now hopes that she will overcome it for the time being.

Luo Qiang, a red rights firm in Shanghai, said that the case is typical because the relocation of enterprises is increasing, some of them are located in different districts of the city, others are moving to the more remote suburbs, and more still moving to the Jiangsu and Zhejiang provinces bordering the city, which really brings inconvenience to the performance of labor contracts.

Moreover, how to deal with this problem concerns the maintenance of the rights and interests of employees and the stability of production and operation of enterprises.

Speaking of Ms. Liu's case, the company's relocation did bring inconvenience to her, but this did not cause the company to have to do with her.

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First of all, although Ms. Liu's labor contract has agreed that the working place is Shanghai, the company is only moving across the region. The address is still in the city, and in the urban area, so it can not be regarded as a "contract change". It must be "negotiated" with myself, otherwise it will be a breach of contract.

Secondly, although the labor contract law stipulates that a major change in the objective situation based on the conclusion of a labor contract results in the failure of the labor contract to be fulfilled. After the operation is made according to the law, the labor contract can be rescind.

But there is no "significant change" at the moment, but the change in location brings about an increase in working hours.

Under the same circumstances, employers should not give employees financial compensation.

Once again, the company expressed willingness to increase commuter cars, so Miss Liu temporarily overcome it is also feasible.

We must dissolve the contract, and enterprises must also consider the cost and the continuity of production and operation.

Luo Qiang said,

Workers should understand that enterprises can not turn a blind eye to the actual difficulties of employees, so that both sides can find a meeting point and promote harmonious and stable labor relations.

Luo Qiang stressed that at present, it is necessary to be vigilant against the payment of economic compensation by some enterprises.

Because these enterprises have moved far away, some jobs have been demolished, and no dormitories or shuttle buses have been provided. The roads are far away. Sometimes there are no buses in the evening. They should be allowed to choose or walk or stay, but these units still refuse to make compensation because of the fact that they continue to fulfil the contract, forcing them to leave their own homes, so that they can not pay a penny of compensation.