Is It Necessary To Arrange For Employees To Travel Longer?

In May 2009, Mr. Duan entered a technology limited company to engage in software development, with a monthly salary of 26 thousand yuan.

In April 2015, the company took part in a field project and needed to set up a project team to enter an enterprise in Hangzhou, Zhejiang for 3 months' software development.

Mr. Duan is also a member of the project team.

However, Mr. Duan did not agree to work in the field.

Mr. Duan is the backbone of developing the software. If he does not join the project team, he will directly affect the progress of the project.

Therefore, the company rejected Mr. Duan's request.

Mr. Duan believes that the working place stipulated in the labor contract is the city. The company has asked him to work in Hangzhou for 3 months. It is a unilateral change of work place and he can refuse it.

But the company believes that this is only a travel arrangement. After the completion of the project, Mr. Duan still returns to work in this city, and does not belong to the change of duty station.

According to the provisions of the eighth and seventeenth articles of the labor contract law, when signing a labor contract, the two parties shall make an agreement on the specific place of work.

In accordance with the provisions of the thirty-fifth article, the two sides should reach a consensus through negotiation and should also adopt written form.

Is it a change of duty to arrange for workers to go on a business trip?

In the modern Chinese dictionary, the "business trip" is interpreted as "the temporary work done by the staff of the unit".

Accordingly, a business trip should have the following characteristics: 1..

2. travel must leave the permanent duty station.

3. travel is temporary.

The so-called "temporary" should be clear.

Moreover, the length of travel out of business should be relatively reasonable.

As for the reason, I believe that we should combine the length of the contract with the actual length of time.

For example, the term of the labor contract is 6 months, arranging the "business trip" for 3 months, which obviously is suspected of changing the work place; if the term of the labor contract is 3 years, arranging the "business trip" for 3 months is relatively reasonable; but if the business trip time is 1 years, even if the time limit is 1 years,

For an unfixed term labor contract, it is still suspected of changing the place of work.

In addition, judging

It is to change the working place stipulated in the labor contract or to arrange a business trip. It should also combine the following factors: 1.. Does the employer provide the corresponding conditions?

If it is a business trip, the employer usually has to bear the pportation expenses, room and board expenses during the business trip.

Where the work place changes, the employer does not need to provide corresponding conditions.

2. whether the travel allowance is paid.

In the light of management practice, employers usually pay the corresponding travel allowance according to the duration of their business trip, but there is no need to change the place of work and pay special assistance.

3. after the completion of the task, will the worker return to the original place of work.

A simple business trip, after completion of the task, the worker will return to work in the agreed place of the labor contract, but if the work place is changed, the worker can not return to the place where the original labor contract is agreed.

In this case, although the company has arranged a certain length of travel for a relatively long time, but because the term is relatively reasonable, as long as the unit takes the travel expenses, lodging and lodging expenses, and pays the travel allowance, it can not be identified as a change of duty station, and a travel arrangement for a certain unit should be accepted.