公司搬遷必須給員工補償嗎?
問 最(zui)近公司搬遷,有些員工(gong)因為離家遠,不(bu)想(xiang)來新工(gong)作地點,想(xiang)咨(zi)詢一下,這樣的情況還需要給員工(gong)補償嗎(ma)?
答 勞(lao)動(dong)(dong)合同(tong)(tong)(tong)(tong)(tong)的簽訂(ding)是(shi)基于(yu)(yu)簽訂(ding)當時的各(ge)方面(mian)條(tiao)件的。根據《勞(lao)動(dong)(dong)合同(tong)(tong)(tong)(tong)(tong)法(fa)(fa)》,工(gong)作(zuo)地(di)點是(shi)勞(lao)動(dong)(dong)合同(tong)(tong)(tong)(tong)(tong)的必備(bei)條(tiao)款之一(yi),說明(ming)工(gong)作(zuo)地(di)點是(shi)一(yi)個重要的判斷條(tiao)件。假設單位事(shi)先告知(zhi)工(gong)作(zuo)地(di)點將發生重大變化,顯(xian)然會(hui)影(ying)響員(yuan)(yuan)工(gong)簽訂(ding)勞(lao)動(dong)(dong)合同(tong)(tong)(tong)(tong)(tong)時的決定。所以勞(lao)動(dong)(dong)合同(tong)(tong)(tong)(tong)(tong)簽訂(ding)時沒有(you)明(ming)確說明(ming)將來工(gong)作(zuo)地(di)點會(hui)發生大變化的話,單位搬遷就應該(gai)遵循《勞(lao)動(dong)(dong)合同(tong)(tong)(tong)(tong)(tong)法(fa)(fa)》第四十條(tiao)的規定執行(xing)。 對(dui)于(yu)(yu)你所在公(gong)(gong)司來說,公(gong)(gong)司應該(gai)征求(qiu)每位員(yuan)(yuan)工(gong)的意見(jian),不同(tong)(tong)(tong)(tong)(tong)意去的,則提前(qian)30天書(shu)面(mian)通知(zhi)解除(chu)勞(lao)動(dong)(dong)合同(tong)(tong)(tong)(tong)(tong),并給予經濟(ji)補償金。