Does The Company'S Foreign Employees Refuse To Accept Economic Compensation?

At the end of May 2016, in the production workshop of Zhuzhou H Energy Co., Ltd. (hereinafter referred to as "H energy company"), more than 200 workers sat around the production equipment of the bags, and reached a final agreement with H energy company: workers who are not willing to work for Jiangxi company, after signing the "labor contract agreement" with the company, the company pays 1 month salary for the employees.

Case replay

In May 13, 2016, employees of H energy company such as Duan Yunmei and Liao Mudan came to the Zhuzhou Federation of trade union workers' Rights Protection Center for help.

It turned out that on the day of the company workers' meeting, H energy company suddenly announced that the company will move to Jiangxi recently.

Most of the staff of the company are local workers in Zhuzhou and do not want to go to Jiangxi to work.

"At the meeting, my colleagues and I proposed not to go to work in Jiangxi, and demanded compensation from the company."

But let Liao Mu disappointed, H energy company responsible person "to give up their work by themselves, the company to terminate labor relations with the workers."

And refused to pay the economic compensation.

"Most of the company's equipment has been packaged and ready to move away at any moment. Who will protect our rights?" Duan Yunmei and his colleagues first thought of the trade union and came to Zhuzhou City Federation of trade unions to ask for help.

"Once they received their petitions, we immediately rushed to H energy company to investigate and contact the Jiangxi headquarters of the company."

Zeng Wen, deputy director and deputy chief labor arbitrator of Zhuzhou Federation of trade unions, told reporters that H energy company is a subsidiary of a listed company in Jiangxi, specializing in mobile phone panels in Zhuzhou.

Due to the low profit of mobile phone panels in recent years, the headquarters decided to close down H energy company and lease the whole plant as a whole.

"Headquarters did not propose compensation plans for workers who are unwilling to go to work in Jiangxi."

In a number of communication and coordination with H energy Jiangxi headquarters, headquarters lawyers insisted that H energy company shut down, but did not terminate labor relations with workers. Workers in Zhuzhou can continue to work in the company after receiving free reemployment training at Jiangxi headquarters.

The workers who do not want to go to work in Jiangxi are responsible for the workers themselves. The company is relieved from their labor contracts legally and effectively without payment of economic compensation.

"The opposing lawyer's statement violates"

"

Zeng Wen explained that H energy company needs to move to the Jiangxi area because of its strategic adjustment in production and operation. It is a major change in the objective situation (the place of labor relations performance) which is based on the conclusion of the labor contract. Moreover, it is the objective situation that causes the labor contract to be unable to continue to perform. After the consultation between H energy company and the staff and workers, it is impossible to reach an agreement on changing the labor contract.

According to the twenty-sixth provisions of the labor law and the fortieth provision of the labor contract law, the H energy company is in conformity with the law with the laborers on the termination of the labor contract. However, the economic compensation should be paid to the laborers according to the third paragraph of the forty-sixth labor contract law.

"Employers and employees should understand each other."

Liu Qingfeng, deputy director of the Zhuzhou Federation of trade unions' rights protection and help center, said that at present, many production enterprises will gradually move out of the urban area.

Support should be given to the relocation of enterprises in the factory area, so the difficulties for workers to go to work and the inconvenience of taking care of their families should also be understood.

If the labor contract can not continue to fulfill the labor contract because of the relocation of enterprises, the enterprise can terminate the labor contract in accordance with the relevant provisions of the labor contract law, but it can not be completely recognized as an illegal enterprise.

The two sides should be considerate of each other's difficulties. The company should consider the staff's health and family status to make proper compensation. The worker should also understand the overall pformation of the company and the management of the relocation is not easy.

"At present, China's labor laws and related laws are applied to the company.

And the overall relocation, the labor contract can not continue to perform without specific operational requirements.

Zeng Wen said that an enterprise is an independent legal person. The overall relocation of the company is a behavior of autonomy in the operation of an enterprise. The enterprise has the right to decide unilaterally.

However, in the process of relocation, workers are unwilling to work in new locations, workers and employers dissolve labor contracts, and whether employers should pay economic compensation. The standard of local judicial practice is not uniform.

Under normal circumstances, if the relocation of enterprises in the same administrative area of the city, the lives of workers have little or no small impact, workers refuse to obey the relocation, the employer has the right to terminate the labor contract without payment of economic compensation; if the relocation of enterprises in the city across a few administrative regions or outside the city area, a significant impact on the lives of workers, workers refused to obey the relocation, the employer can negotiate to lift or pay economic compensation.

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