How To Stipulate Work Place In Labor Contract

Xiao Yang is engaged in welding work in a mechanical processing company in Beijing.

Last year, the company's main business moved to Cangzhou, Hebei.

Although the new company's address is not far from its old home, he has sent his parents and wife to Beijing and found jobs separately. His son also went to primary school in Beijing.

If you go back now, your family will not be able to find jobs after school.

Therefore, he wants to continue working in Beijing.

In response to Xiao Yang's request, the company replied that the labor contract signed by you and the company clearly stipulated that "Party A (company) can adjust the working place of Party B (Xiao Yang) at any time according to the production and operation needs."

And so on, Party B shall obey Party A's arrangement.

Therefore, the company should adjust your work place in accordance with the labor contract, and you should also obey it.

Since the company has revealed that Xiao Yang's disobedience arrangement will remove the information of his labor contract, are these agreements in the labor contract effective? Is the company's practice consistent with the law? What should he do?

Employee's work place is an essential clause of the labor contract. According to the relevant provisions of the labor contract law, the employer and the worker should fully fulfill the stipulations of the labor contract. If the work place is changed, the two parties should reach a consensus through consultation.

In practice, there are many enterprises that need to negotiate with their employees to adjust their work place and job position, but if employees disagree, the enterprise will easily fall into a passive position.

Therefore, we try every means to strive for the autonomy in adjusting work places and jobs through the labor contract.

Zhang said that the terms of the workplace in the labor contract can be broadly divided into two categories.

One is precise agreement, for example, the agreed place of work is a building on a street in a certain district of Beijing.

The other is a broad generic agreement, such as making the workplace ambiguous to a certain district in Beijing or the whole country.

In regard to the change of workplace, some enterprises have suggested that enterprises can adjust their work place and post according to production or business needs, and employees should obey if there is no justification.

This is a moderate and negotiable contractual provision.

However, some enterprises have agreed on this clause as follows: enterprises can adjust their work place and position at any time according to production or business needs, and employees should obey unconditionally.

This is a hard and mandatory agreement, which is easy to dispute in the process of implementation.

The lawyer said that in the case of unidentified circumstances, the usual way of handling judicial decisions is: the employee has worked in a certain duty place after the labor contract has been signed, and the actual working place is regarded as the specific one specified by both parties.

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An enterprise shall not again make a contract with a broad working place, and then change the work place of the employee.

The lawyer said that the twenty-sixth clause of the labor contract law stipulates that the labor contract exemption from the legal liability of the employer and the right to exclude the workers is invalid or partially invalid.

In this case, the contract between Xiao Yang and the company concerning the change of the place of work emphasizes that "the enterprise should be adjusted at any time, and the employees should be unconditionally obedient".

Accordingly, Xiao Yang can definitely refuse the company's request.

If a company terminates its labor contract, it is an illegal labor relationship and shall be compensated according to law.

In reality, there are two main categories of workplace changes. One is the situation in which Xiao Yang meets, and the overall relocation of enterprises.

The two is the nature of the industry.

Such as construction enterprises, film and television companies, and so on, their staff work place often changes.

Zhang said that this situation is part of the performance of the labor contract, rather than the unilateral change of the workplace.

Great changes have taken place in the objective situation of the relocation of enterprises.

"Fortieth and forty-sixth stipulates that an enterprise should first consult with its employees about the change of the labor contract, and if the two parties fail to reach an agreement on the change of the labor contract after consultation, the enterprise may terminate the labor contract. However, it is necessary to notify employees in writing 30 days in advance, or to pay the 1 month working capital generation notice, and shall pay the financial compensation to the employee.

Of course, if the workers involved in the "three stage" women are in the medical treatment period, the enterprises can not terminate the labor contracts according to the above methods.

Zhang said that such an arrangement, though reasonable, does not mean that the company can abuse the authorization of the labor contract and arbitrarily adjust the working place of employees.

If the work place is adjusted, the enterprise needs specific reasons and evidence to support whether it belongs to the production and operation needs.

In adjusting or changing the work place of employees, Zhang believes that enterprises should consider whether it increases the difficulty or burden of employees' performance of labor contracts, whether they have an impact on employees' lives, and whether enterprises have adopted reasonable remedial measures.

For positions with strong liquidity, such as sales, shopping guide, customer service or after sales service, in the agreed place of work, in addition to referring to the above opinions, the more appropriate way is to clearly specify N specific working places in the labor contract, and clarify the situation where job location changes or adjustments need to be made in the future, so that employees can have psychological preparation ahead of schedule.