On that day, Mr. Chang went to work as usual, and when he went to work, he suddenly received a notice from the administration: the company would move the office to a new office, in a village at the foot of the Qinling Mountains in Chang'an District, and clock in to work on time at 9 a.m. next Monday (October 23). Mr. Chang was a little confused by the sudden news, and he and his colleagues carefully checked the new address and found that it was located in the Meridian Valley in Chang'an District, and had entered the mountains within the foothills of the Qinling Mountains.
Judging by Monday's drive and the experiences of colleagues, the new location seems rather daunting. It took Mr. Chang more than 2 hours to drive, and it took 3 hours for his colleagues to take the bus and walk on the village road for more than 30 minutes. Moreover, it costs fifty or sixty yuan to take a taxi from the nearest subway entrance, but the company clearly tells that there is no commuting subsidy. Under these circumstances, Mr. Chang and 14 other employees decided to resign.
What Mr. Chang didn't expect was that four days later, when he chatted with his former colleagues, he learned that the company had moved back to the city office and posted a job posting on the Internet. This made Mr. Chang feel that the company's move to the office location in the mountains was purely for the purpose of disguised layoffs without compensation, and hoped to make employees voluntarily leave their jobs through a harsh environment to avoid paying corresponding compensation.
However, Mr. Zhang gave a different explanation. He said that entering the mountain is only a temporary transitional measure, and he does not plan to work in the mountain for a long time. The reason was that the company's office location at that time had just expired, and the new office was still being renovated, so it temporarily chose to operate a homestay to solve the problem of office space, and this transition was only a week. He explained that the company's business situation in the second half of the year was relatively difficult, and he had advanced more than 2 million yuan and had not been in arrears of employees' wages. He hopes that employees can understand the company's difficulties and tide over them together.
Mr. Chang disagrees with this explanation. He believes that the company has never explicitly told that it will only work in the mountains for a week, and that the cycle of working in the mountains may be very long, and it will not even be able to move back to the city until next year. If Mr. Zhang had said that it was just a one-week transition, then everyone might have stuck with it.
In addition, Mr. Chang and other employees claimed that the so-called homestay was actually the second floor of the villager's self-built house, and the first floor was the villager's residence. More than 20 people work in a small space, and there is no place to eat and drink, so they can only eat instant noodles and bread. After work, if they don't have a car, they have to walk home on the mountain road with no street lights.
Why did the company choose to break out this matter at the end of the year, Mr. Chang said that he had been busy with rights protection before, and the end of the year was the time when many peers went out to look for jobs, and they hoped that through the company's practices, others could avoid falling into the same pit.
Uncle Tian's point of view:
1.The company moved to a new office in the Qinling Mountains without providing any commuting subsidies, which caused great inconvenience and burden to employees. The location is inaccessible, far from the subway entrance, and the cost of taking a taxi is high, coupled with the inconvenience and risk of walking on the village road, which greatly increases the working time and cost of employees.
2.The reasons and behaviors of the company's relocation are relatively inconsiderate, resulting in psychological disappointment and dissatisfaction among employees. The company did not make it clear that it was a temporary transition, but hinted that it might stay in the Qinling Mountains for a long time, which caused misleading and worrying employees and lost trust in the company.
Uncle Guo's point of view:
1.The company moved to a homestay in Qinling Mountain for a week because the office expired and the new office was being renovated and could not be used. In difficult times, the company has taken measures of temporary arrangements to avoid layoffs. The company did not owe employees wages, and took the initiative to advance funds when dealing with difficulties, showing good integrity and responsible attitude.
2.The company's relocation to the new office in the Qinling Mountains is only a short-term transition, and it is impossible to work in the mountains for a long time. Employees were overly anxious and dissatisfied, and they overreacted to resignation, which negatively affected the company. If you can look at it rationally, I believe that the company will resume working in the city and give reasonable compensation.
From a lawyer's point of view, the main legal issues involved in this story are:
1.Labor law issues: The company relocated its office to a remote mountainous area without notifying its employees in advance, causing great inconvenience to employees in their travel and working environment, and even causing some employees to resign. According to Article 22 of the Labor Contract Law of the People's Republic of China, an employer shall not discriminate against an employee or infringe upon the legitimate rights and interests of an employee in the process of concluding, performing or terminating a labor contract. According to this provision, the employee can claim the corresponding compensation liability from the company.
2.Civil tort issues: If the company clearly deceives the employee and deliberately changes the office location to achieve the purpose of disguised layoff, this is a civil tort, and the employee can demand the company to bear civil liability. In addition, the publication of job postings by companies after hiding the truth may also constitute false advertising, and legal action can be taken if employees are misled into entering the company.
3.Safety issues: The conditions of the company's temporary office location are harsh, and there are great safety hazards in the working environment. According to the relevant provisions of the Labor Safety Law of the People's Republic of China, employers have the responsibility to ensure the safety of workers at work. If the company does not take appropriate safety measures, resulting in an accident in the course of the office, the company will bear the corresponding responsibility.
4.Infringement of the right to reputation: If an employee publishes false remarks about the company through the Internet, causing damage to the company's reputation, the company may require the employee to bear the liability for the infringement of the right to reputation in accordance with Article 140 of the General Principles of the Civil Law of the People's Republic of China.
When dealing with such similar issues, the lawyer advises the employee to keep relevant evidence, such as notices, chat records, etc., and communicate with the company to try to resolve the issue. If the company does not resolve the issue reasonably, the employee can file a complaint with the labor inspection department or seek legal assistance to protect his or her legitimate rights and interests through legal channels.