Employee unwilling to be transferred and continues to be absent from work, dismissed by court: legal termination without compensation
2024-11-12
After the completion of the project, the company plans to adjust the work location of employees, but the employees refuse to be transferred and fail to report on time. Does the company have the right to unilaterally terminate the labor contract? Recently, the People's Court of Jiangbei District, Chongqing, concluded a labor dispute case. Due to an employee's refusal to accept a reasonable employment arrangement from the company without justifiable reasons, the company dismissed them on the grounds of violating labor discipline. The court ruled that the company did not need to pay compensation to the dismissed employee. In April 2021, Guo Lin (pseudonym) joined a decoration company as a material administrator, working in the central urban area of Chongqing. In mid January last year, due to the completion of the project in Chongqing and the absence of any new projects, the company decided to arrange for Guo Lin to work in the Yinchuan project in Ningxia. The job responsibilities and salary after the transfer remained unchanged. However, Guo Lin refused to be transferred to another position on the grounds that he did not receive any out of town allowances. After being urged, he still did not report for duty, and the company dismissed him on the grounds that he had been absent from work continuously for serious disciplinary violations. Guo Lin raised objections and applied for labor arbitration, and the arbitration ruled that the company should pay Guo Lin compensation of more than 28000 yuan. The decoration company is dissatisfied and has filed a lawsuit. The decoration company believes that the Chongqing project has been delivered, the project department has been withdrawn, and the Yinchuan project urgently needs a material administrator. Guo Lin refused to come to work without justifiable reasons, seriously violating the company's labor discipline. The company terminated the labor contract based on this, which should be considered a legal termination. Guo Lin believes that he is not suitable for the climate in Yinchuan, and there is no out of town allowance for being sent abroad. In addition, his family also needs to be taken care of, so it is not appropriate to be sent abroad. Therefore, the company should pay a compensation of more than 28000 yuan for terminating the labor contract. After the court's trial, it was found that the company was no longer able to provide working conditions for Guo Lin in Chongqing, and it was reasonable to adjust him to work in Yinchuan, Ningxia, in accordance with the job transfer terms agreed upon in the labor contract between the two parties. Guo Lin refused to accept work arrangements and resisted reasonable job transfers by continuously absenteeism, which constitutes a serious violation of the company's labor discipline and rules and regulations. Therefore, the company made the termination based on this and did not violate labor laws and regulations. The court therefore made the above judgment. After the first instance judgment was made, Guo Lin appealed against it. The second instance court upheld the original verdict after trial. At present, the judgment has come into effect. The judge stated that labor relations, as a special type of civil legal relationship, have equal rights and obligations before the law for both parties involved. As a market entity, employers make reasonable adjustments to workers' job positions and locations based on their actual production and operation needs, which is an important manifestation of their autonomy in employment and is crucial for maintaining their normal production and operation. Specifically, as long as the adjustment does not make significant changes to the core terms of the labor contract, does not significantly lower the wage standards of the workers, and the reasons for the adjustment are legal and reasonable, not insulting or punitive, and comply with the provisions of laws and regulations, it should be considered a reasonable work arrangement. Therefore, as a worker, if you have objections to job adjustments, you should actively negotiate, seek help from the union, apply for arbitration, or file a lawsuit to protect your rights in accordance with the law, rather than resorting to passive confrontation such as not working. Long term absenteeism will certainly be considered a serious violation of the company's rules and regulations. For such behavior, the employer has the right to terminate the labor contract in accordance with legal provisions and is not responsible for economic compensation or damages. (New Society)
Edit：Rina Responsible editor：Lily
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