Whether the raw materials and finished products of the enterprise are more convenient to transport),
Whether the working environment has improved; Is it convenient for employees to go to work? Is it ... or not
It is more conducive to attracting more people to work here.
2. From an economic point of view, will there be greater development after the relocation of enterprises?
Space. For example, moving to a place where peers gather is conducive to obtaining
Better supply production equipment, enjoy the technology spillover of other enterprises,
It is conducive to the formation of industry scale and the long-term development of enterprises. Article 40 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation." Article 26 of the Labor Law also has the same provision.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the laborer: (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
The Ministry of Labor's explanation of some provisions of the Labor Law of People's Republic of China (PRC) pointed out: "The objective situation in this article refers to the force majeure or other circumstances that make the terms of the labor contract unable to be fulfilled in whole or in part due to the relocation, merger and asset transfer of enterprises." , but does not include the objective conditions that lead to economic layoffs. However, considering the actual situation and legislative intent, not all enterprises have to relocate, but the relocation where the workplace has undergone major changes and the labor contract cannot be fulfilled can be regarded as a trigger condition.
Some units think that if such a thing happens, they can directly ask employees to work at the new office address without consulting them. If some employees are unwilling, they will resign directly. This idea is wrong.
The signing of a labor contract is based on various conditions at the time of signing. According to the Labor Contract Law, the workplace is one of the necessary clauses of the labor contract, which shows that the workplace is an important judgment condition. Assuming that the company informs the workplace in advance that there will be major changes, it will obviously affect the decision of employees when signing labor contracts. Therefore, when signing the labor contract, it was not clearly stated that the workplace would change greatly in the future, and the relocation of the unit should follow the provisions of Article 40 of the Labor Contract Law.
For the company, the company should solicit the opinions of every employee and agree to continue to perform the labor contract if working in Songjiang; If you don't agree to go, you will be notified in writing 30 days in advance to terminate the labor contract and give economic compensation.