There Is A Kind Of Regulation That The Court Does Not Recognize.

Xiaomou, a worker from Dongkou County of Hunan Province, registered for entry in June 30, 2013. In July 1, 2013, a Property Management Company in Guangdong was formally recruited to serve as an delivery room nurse in the Third Affiliated Hospital of Guangzhou Medical University.

Xiaomou worked in the company until June 30, 2016, and the company made a work pfer letter in June 30, 2016. The letter recorded that the company pferred to Xiaomin project point of Dongfeng Hospital of the Eighth People's Hospital in Guangzhou on the basis of work needs, and asked xiaomou to report to work in July 2, 2016 at the new duty station.

Xiaomou said that the new workplace is too far away from home, hoping to remain at the original place of work, the company does not agree.

The company sent "Xiaomo" to the company in June 30, 2016 and July 7.

"Notice of dissolving the labor contract", Xiao Mou confirmed that he did not report to the new duty station, nor could he return to the original place to work.

In addition, xiaomou's average wage in the 12 months before the termination of the labor contract was 2875 yuan / month.

Xiaomou applied for arbitration on the 9 day of August 2016 to the labor and personnel dispute arbitration committee of Nansha District, Guangzhou. The committee ruled in November 18, 2016 that the company paid a 10062.5 yuan economic compensation to Xiao Mou within 5 days from the date the ruling came into effect.

The company refused to accept the case and filed a lawsuit with the Nansha District people's Court of Guangzhou.

When the labor contract is concluded, there is a major change in the objective situation, resulting in the failure of the original labor contract to be fulfilled. The two sides can not reach an agreement on the change of the labor contract through negotiation. Should the company remove the labor contract in this case, shall it pay the employee's economic compensation?

The plaintiff, a Property Management Company in Guangdong, said: xiaomou requested the company to pay the economic compensation for the dissolution of the labor contract, which lacked the facts and legal basis.

According to the labor contract signed by both parties, Xiaomu's working place is the project point of the company's service in Guangzhou. The company assigns the project points according to the needs of the work and adjusts to the different project points in Guangzhou according to the actual work conditions. In addition, xiaomou agrees: the company's roots can be changed to posts, posts or posts in Guangzhou within the scope of its operation, the working conditions of xiaomou, and the requirements of the company's service customers.

Without prejudice to the economic interests of employees, employees do not agree to change the work items, as employees voluntarily leave, the company does not have to pay any economic compensation costs.

Xiaomou thinks: after he pferred to a new hospital, he adopted the irregular working system. Sometimes he could go to work in the middle of the night.

。

The court held that the plaintiff, as a labor unit, has the right to adjust the work of the workers independently and to manage the workers, but the premise is that they must not injures the legitimate rights and interests of the laborers.

According to the facts and evidence found in the case, the plaintiff pferred the defendant from the Third Hospital Affiliated to Guangzhou Medical College to the Dongfeng Hospital of the Eighth People's Hospital of Guangzhou, where the defendant's working place, working environment, labor intensity and occupational risk changed significantly.

In addition, the plaintiff did not provide pportation subsidies and pportation facilities, the defendant's traffic costs increased, and the degree of convenience was impaired.

The plaintiff has not provided sufficient evidence to confirm the negotiation and agreement with the defendant on the reasons for the adjustment of the work, the change in the salary of the new job and so on.

Accordingly, the court held that the objective situation based on the conclusion of the labor contract changed significantly, resulting in the failure of the original labor contract to be fulfilled. The two sides could not reach an agreement on changing the labor contract through consultation. The plaintiff should pay the defendant's economic compensation in this case, amounting to 10062.5 yuan (2875 yuan / month *3.5 months).

According to the agreement of the two parties' labor contract, the employer has the right to adjust the work of the employee independently, but the adjusted post can not harm the interests of the employees.

It can be seen from this case that the adjustment of jobs in the property company for employees is actually due to the reduction of wages and the interests of employees due to increased pportation expenses.

Therefore, the company's adjustment is not in line with the agreement between the two parties.

As the post adjustment does not meet the requirements of the two parties' labor contracts, it causes

The content has changed significantly due to objective reasons. If the original defendant and the two sides could not agree on changing the labor contract, the Guangdong Property Management Company of the employing unit should inform Xiao Mou 30 days in advance or pay an additional 1 month notice instead of the labor contract in accordance with the law, and pay the economic compensation according to law.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.