Employees have proposed resignation due to the company's relocation and claiming the court judgment: the company should pay economic compensation

Cover reporter Dai Zhuxin intern Su Xueqing

The company's change of office address has caused employees to resign. Can employees apply for economic compensation in such circumstances? On July 1, the reporter learned from the Chengdu Shuangliu Court.

In September 2001, Wei Moumou joined Company A with his working location. In January 2008, Company A signed a labor employment contract II with Wei Moumou, which agreed to work address, salary assessment, working hours, breach of contract. After the contract expired, the two sides extended the labor period 5 times, and finally agreed to the deadline for the labor period on December 31, 2021. Among them, the last time the two sides extended the time limit of the labor period, Wei Moumou agreed to work in the business place of Chengdu and affiliated companies that Company A's work.

After the development needs of Company A, the office address was moved from Shuangliu District to high -New West District. In April 2021, Wei Moumou submitted an application for resignation on the grounds of the relocation of the company A and his family. Company A agreed to his application on the same day.

In June 2021, Wei Moumou applied for arbitration from the Labor and Personnel Dispute Arbitration Commission of Chengdu Shuangliu District, asking Company A to pay the double wages, overtime wages, and economic compensation for labor relations that did not sign a labor contract. The Arbitration Commission ruled that Company A paid more than 130,000 yuan in overtime salary and economic compensation to Wei Moumou. Company A refused to accept the arbitral decision, and then sued the request that he did not need to pay the above fee.

Should Company A pay for economic compensation based on Wei Moumou's resignation reasons, and if you pay for it, how to calculate it? Should Company A pay overtime pay from Wei Moumou and pay? How to calculate? The above two issues have become the focus of controversy in this case.

According to trials, the court believes that Company A does not need to pay economic compensation to it because of the actual situation of the family, and it needs to pay more than 63,000 yuan in economic compensation to it due to the relocation of the site. The overtime fee of 14,000 yuan during April of the year, a total of more than 77,000 yuan.

According to reports, the company's adjustment of employees' work and job positions based on its own production and operation status is an important part of enterprise employment autonomy. It should take into account the convenience of its business needs and workers to provide labor.

In this case, the court tried that Company A did not need to pay economic compensation to him because of the actual family situation. However, Company A did not perform the negotiation procedure with Wei Moumou in the office address and informing the employees that will still provide accommodation or corresponding subsidies after the relocation of employees, which has a great adverse effect on Wei Moumou's working conditions. Therefore, the court believes that Company A shall pay the average monthly salary of Wei Moumou in accordance with relevant laws and regulations, and the job salary, working age, confidentiality, housing subsidy, etc. from April 2020 to March 2021, etc. , A total of more than 63,000 yuan in economic compensation.

After review by the court, in accordance with the overtime salary standard of Company A, it should pay Wei Moumou from October 2020 to April 2021. A total of more than 30,000 yuan. Because the company has paid more than 16,000 yuan for overtime during this period, it should also pay more than 14,000 yuan for overtime.

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