Can The Working Place Agreed In The Labor Contract Be Changed?

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) may adjust the working place and work position of Party B at any time according to the production and operation needs, and Party B should obey the arrangement of Party A."

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

Zhang Lide, a lawyer at Hongjia law office in Beijing, said that the working place of employees is an essential part of the labor contract. According to the relevant provisions of the labor contract law, the employer and

The labor contract shall be fully fulfilled. 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.

And about

Some enterprises have suggested that enterprises should 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.

Zhang said that under the circumstances of the agreement,

The usual way of dealing with this problem is: after the labor contract is signed, the employee has already worked in a practical duty place. The actual working place is regarded as the specific working place determined by both parties.

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

Zhang said that the twenty-sixth clause of the labor contract law stipulates that the employment contract exempt from its legal liability and the right to exclude 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.