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Whether The Unit Relocation Has The Right Not To Sign The Buyout Agreement

2015/12/9 19:46:00 22

Unit RelocationBuyout Length Of ServiceLabor Agreement

If you choose to terminate negotiation

Labor relations

However, if negotiation fails, the employer may, according to the fortieth article of the labor contract law, "in case of any of the following situations, the employer may notify the worker himself in writing or pay the worker one month's wages in advance thirty days in advance, and may terminate the labor contract.

(three) there is a major change in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled. After negotiations between the employer and the laborer, the agreement on the alteration of the labor contract can not be reached.

Ms. Sun: I am from Guangxi. I came to Beijing a few years ago to work.

Clothing company

I have worked for over 4 years, and the labor contract signed with me expires in December 31, 2016.

Recently, the company posted notice that the unit will move to Hebei as a whole after the Spring Festival. Workers under 30 must go together and not only wrap it up, but also pay more than 300 yuan per month.

And workers aged 30 or above are treated according to the age of buyout.

I understand that the buyout age agreement is based on the company's work within 5 years, and the unit pays 8000 yuan for a one-time payment, and then the two sides terminate labor relations.

My monthly salary is 4000 yuan on average, my friend helped me to figure it out, saying that I bought too much compensation for the service age and was not suitable, so I didn't want to sign this agreement.

I said my idea to the company leader, but they said that the relocation of the company is a policy need. I must sign the buyout agreement.

Excuse me, do I have the right not to sign? Or I don't want to go to Hebei. What are the compensation policies and measures?

An Huimin: Hello, the unit you work for is

Policy relocation

In case, when the employer negotiates with you, you can choose to continue working in Hebei, or you can choose to negotiate with the unit to terminate the labor relationship.

When you terminate the labor contract, the employer should pay the economic compensation to you according to the forty-sixth article of the law, and the standard of economic compensation is to pay a month's wages per worker for a full year.

If a worker works for more than six months and is less than one year, he shall pay the laborer half a month's wages in accordance with one year's calculation and pay less than six months.

Therefore, the employer can give you one month's notice in advance or pay extra for your monthly salary, and calculate your compensation according to your working life, so that you can terminate the labor relationship with you.


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