What if the employer needs to transfer the employee from his/her current workplace and the employee disagrees?

Answered thirty-two thousand five hundred and seven Legal advice>

If the employee refuses to transfer the employee to the workplace, the employer can terminate the labor contract, and the employer needs to pay the employee economic compensation (one month's salary for each year of service). In case of a labor dispute between the employee and the employer due to salary payment, the parties concerned can apply to the labor dispute arbitration authority for arbitration in accordance with the law. If they are not satisfied with the arbitration award, they may bring a lawsuit to the people.
Interim Regulations on Wage Payment
Article 18 The labor administrative departments at all levels shall have the right to supervise the wage payment of the employing units. If an employer commits any of the following acts infringing upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to workers, and may also order it to pay compensation:
　　
（1） Deduct or delay wages of workers without reason;
　　
（2） Refusing to pay labourers wages for extended working hours;
　　
（3） Paying labourers wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 In case of a labor dispute between a worker and an employing unit over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration according to law. If they are not satisfied with the arbitration award, they may bring a lawsuit to the people.
Labor Contract Law
Article 77 If the legitimate rights and interests of workers are infringed upon, they shall have the right to request the relevant departments to deal with it according to law, or apply for arbitration or bring a lawsuit according to law.
Article 78 Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law and supervise the performance of labor contracts and collective contracts by employers. If the employing unit violates labor laws, regulations, labor contracts and collective contracts, the trade union has the right to put forward opinions or request correction; If a worker applies for arbitration or brings a lawsuit, the trade union shall provide support and assistance according to law.
Article 46 Under any of the following circumstances, the Employer shall pay economic compensation to the worker:
　　
（1） The laborer terminates the labor contract in accordance with Article 38 of this Law;
　　
（2） The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law and reaches consensus with the laborer to terminate the labor contract;
　　
（3） The employer terminates the labor contract in accordance with Article 40 of this Law;
　　
（4） The employing unit terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
　　
（5） The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to the renewal;
　　
（6） The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law;
　　
（7） Other circumstances stipulated by laws and administrative regulations.
Article 47 The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.
If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.
The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.

Answered thirty-two thousand five hundred and seven Legal advice>

The wage base for the calculation of paid annual leave is the average monthly wage of the worker in the first 12 months after excluding overtime wages. The salary of rnrn paid annual leave=the average monthly salary × 300% rn Article 5 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, where an employee is a new employer and meets the provisions of Article 3 of the Measures, the number of days of annual leave in the current year shall be converted and determined according to the remaining calendar days in the company, and the part less than 1 day after conversion shall not be entitled to annual leave. The conversion method specified in the preceding paragraph is: (the remaining calendar days of the current year in the company ÷ 365 days) × the number of annual leave days that the employee should enjoy in the whole year. Article 10 If the employer, with the consent of the employees, does not arrange annual leave or arranges the number of days of annual leave for the employees to be less than the number of days of annual leave that should be taken, it shall pay 300% of its daily wage income to the employees for the number of days of annual leave that should be taken but not taken in the current year, including the wage income paid by the employer to the employees during the normal working period. The employer arranges employees to take annual leave, but if the employees propose not to take annual leave in writing due to their own reasons, the employer can only pay their wages during the normal working period. Article 11 The daily wage income for calculating the wages and remuneration of the unused annual leave shall be converted by dividing the monthly wage of the employee by the number of days for monthly salary calculation (21.75 days). The term "monthly salary" as mentioned in the preceding paragraph refers to the average monthly salary of an employee 12 months before the employer pays the salary for the annual leave he has not taken, after excluding the overtime salary. If the employee has worked in the employer for less than 12 months, the average monthly salary shall be calculated according to the actual month. Rn employees enjoy the same salary during their annual leave as during their normal work. The measures for the calculation and distribution of the daily wage income of the staff and workers who adopt the piecework wage, commission wage or other performance wage systems shall be implemented in accordance with the provisions of the first and second paragraphs of this article. Article 12 When the employer terminates or terminates the labor contract with the employee, if the employee has not been arranged to take the full annual leave in the current year, the number of days of annual leave that should be taken but not taken shall be converted according to the working hours of the employee in the current year, and the salary for the annual leave that has not been taken shall be paid. However, the salary for the annual leave that has not been taken shall not be paid for the part of less than one full day after conversion. Rn The conversion method specified in the preceding paragraph is: (the number of calendar days that have passed in the company in the current year ÷ 365 days) × the number of annual leave days that the employee should enjoy in the whole year - the number of annual leave days that have been arranged in the current year. If the employer has arranged annual leave for employees in the current year, the number of days more than the annual leave that should be taken will not be deducted.

Lawyer Ma Junzhe

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Consult me Answered ninety-seven thousand six hundred and twenty-two Legal advice>

Dear party, according to your question, if there is a labor dispute between an employer and a worker, the party can apply for mediation, arbitration, bring a lawsuit, or solve it through consultation. If you have a labor dispute with your unit or boss, you should first negotiate with the unit or boss to find a solution to the dispute. Although negotiation is not a legal procedure, it is the most commonly used method to solve general disputes. If the two parties fail to reach an agreement after mediation, one or both parties can apply to the local labor dispute arbitration committee for arbitration. You need to know the details of the case to give you professional advice.