Employers need to be cautious about cross-regional relocation of workers

Basic case
(2014) Yangmin Zhongzi No. 0131
(2015) Sushen Ermin Shenzi No. 00047

2007.03.21
Wei Mou worked in company A and was in the second manufacturing position.
2010.04.20
Wei signed a "Labor Contract" with Company A, stipulating the contract period from April 20, 2010 to April 30, 2013. Company A arranged for Wei to work in the sales position, and also agreed that Company A could Need to work with Wei Mou, change Wei's position and the place where the contract is performed. After the contract was signed, Wei worked as a sales manager in the Jiangsu office of the China Sales Center.
Article 15 of Company A's "Employee Handbook" stipulates: Those who do not go to work without leave or vacations shall be considered as absenteeism. If they have been absent for more than three consecutive days, the company may terminate the labor relationship according to the procedure.
2012.11.19
Company A issued a transfer notice to Wei Mou, transferred Wei Mou from the Jiangsu Office of China Sales Center to Gaoyou Office as an account manager, and asked Wei Mou to report to the new department on November 21, 2012.
Wei had a written reply that there were objective difficulties in transferring jobs due to unexpired rents, imminent marriage and so on, and urged Company A to keep them in place. Later, Company A did not reply to Wei's written request. Wei did not report to the Gaoyou office as an account manager.
2012.11.26
Company A issued "Notice on Termination of Wei's Labor Contract" to Wei.
year 2013
Wei Mou filed for labor arbitration, requesting that Company A be illegally rescinded the labor contract and pay Wei Wei compensation for the illegal labor contract termination.
Controversial focus
Whether the relationship between Company A and Wei Mou to terminate the labor contract is legal.

Court decision
    After labor arbitration, first instance, second instance, and retrial, it was determined that the cancellation of the labor contract relationship between Company A and Wei was an illegal termination.
    The court held that the court believed that the employer and the laborer had the right to adjust the work content or position of the laborer at any time according to the needs of production and operation. If the two parties had a dispute, the employer should provide evidence to prove their transfer. It is fully reasonable. If the employer cannot prove that the transfer is sufficiently reasonable, both parties should still perform according to the original labor contract.
    In this case, Company A notified Wei of adjusting his job position on November 19, 2012, and failed to negotiate with the workers beforehand; Wei later replied that there was difficulty in life in Wei Mou, and urged Company A to keep him in place to work. Investigate the actual situation, that is, terminate the labor relationship within one week. It can be seen from this that Company A did not understand and consider the actual situation of laborers from the perspective of humanized management. As a matter of fact, the factors inconvenient for the transfer of jobs, such as the unexpired rent and imminent marriage, stated by Wei in his reply are indeed objective difficulties that should be considered. For the vast majority of ordinary people, a stable job and a happy marriage are undoubtedly the most common and basic needs. However, Company A did not fully consider these basic conditions, and forcibly adjusting Wei to work a few hundred kilometers away was obviously not sufficiently reasonable. It can be seen from the notice of cancellation of the contract that Company A did not give Wei Mou enough time for handover, it was regarded as Wei absenteeism, and its termination was based on the obvious lack of reasonable reasons, and violation of the provisions of labor laws and regulations should be regarded as illegal termination.

Lawyer's statement
     Article 17 of the Labor Contract Law stipulates that the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus.Although the employer and the employee agree that the employer has the right to adjust the work content or position of the laborer at any time according to the needs of production and management, it does not mean that the employer can arbitrarily change the work content and position of the laborer. And lost the reasonable choice of job position and job content. In the case of cross-regional transfer of workers’ positions, the employer shall consult with the workers in advance and obtain the workers’ consent. In the case of disputes between the two parties, the employing unit shall provide evidence to prove the rationality of its cross-regional relocation, otherwise there is a legal risk of unlawful termination of the labor contract.