[Direct answer]Whether there is compensation for employees who refuse to relocate depends on the impact of the relocation on the performance of the contract. For relocations within the same city with close distances and convenient commuting conditions, it generally falls under the employer's right to manage its workforce, and the employee's refusal does not result in compensation. However, if the relocation renders the labor contract unenforceable (such as relocations across cities or major changes in commuting conditions), and if the employer fails to reach an agreement on amendments, the employer shall terminate the contract in accordance with Article 40(3) of the Labor Contract Law and pay economic compensation according to Article 47, at the rate of one month's salary for every full year of service. If the employer directly dismisses the employee for absenteeism, it may constitute an illegal termination and the employer shall pay double compensation according to Article 87. For more information, please refer to the Labor Contract Law and relevant judicial interpretations. 公司搬迁员工不去是否有补偿，取决于搬迁对合同履行的影响：同城近距离搬迁且提供通勤便利的，一般属用工自主权，员工拒绝不产生补偿；搬迁致使劳动合同无法履行（如跨市搬迁、通勤条件重大变化），协商变更不成的，公司依《劳动合同法》第40条第3项解除的，应按第47条支付经济补偿，每满一年补一个月工资；公司直接以旷工辞退的，可能构成违法解除，按第87条支付二倍赔偿金。可通过Labor arbitration and legal services for work-related injury compensationAndBeijing Henglu Law FirmEvaluate the specific plan.

I. Problem background and typical scenarios

In recent years, with the combined effects of industrial park relocations, rising rental costs, and business adjustments, corporate relocations have become a major source of labor disputes. Typical scenarios include: relocations within the same city, where employees face a one- to two-hour commute each way and lack shuttle bus or subsidy arrangements; relocations across cities, where companies require employees to relocate within a specified timeframe or face automatic dismissal or absenteeism penalties; using relocations as an opportunity to adjust positions, reduce job levels and salaries, and coerce employees to resign; and providing only verbal notifications rather than written plans before relocations, leaving employees in a dilemma about whether to stay or leave. Corporate relocations also involve contractual issues such as the termination of office space leases and compensation for renovations, which can be addressed in conjunction with these labor disputes.Business and contract dispute services for enterprisesCoordinate and plan everything together. For employees, the most frustrating thing is that if they resign voluntarily, they might end up with nothing, while if they resist and are dismissed for violating company rules, they'll lose even more. How they choose will directly determine whether they can receive compensation.

II. Key points of contention

  • Is the relocation a significant change in objective circumstances? The relocation distance, the increase in commuting time, whether shuttle buses or transportation subsidies are provided, and whether it is necessary to report to work all differ greatly from case to case. Defining it too broadly will restrict the employer's autonomy, while defining it too strictly will leave employees' rights unprotected. The first point of contention is the burden of proof and the court's ruling criteria.
  • The nature of the employee's refusal to relocate: whether it is a failure to negotiate a change, or a violation of discipline by refusing to comply with reasonable work arrangements, directly determines the legality of the company's decision to terminate the employment contract, and also determines whether the employee will receive economic compensation (N) or compensation for unlawful termination (2N).
  • Applicable circumstances for forced termination: If the company unilaterally changes the workplace, fails to provide the original working conditions, or uses the relocation as an excuse to delay or withhold wages and stop paying social insurance, can employees terminate the contract in accordance with Article 38 of the Labor Contract Law and claim economic compensation?

III. Professional analysis by Henglue Lawyers

A second-instance labor dispute case handled by Henglue Law Firm is of great reference value in understanding the supporting logic of economic compensation. Zhang * was an employee of a telecommunications company. The parties signed a non-fixed-term labor contract effective from October 1, 2019, with a monthly basic salary of 7,917 yuan and variable performance bonuses. Due to the company's failure to pay Zhang's wages on time and in full, Zhang sent a "Notice of Forced Resignation" to the company on January 15, 2022, which was signed by the company on January 17, 2022. However, the company did not retroactively pay Zhang's November and December 2021 wages until January 29 and February 28, 2022, respectively. Zhang had worked at the original unit since September 2009 and was subsequently transferred to the current company, with no changes in his work location or duties. During the arbitration and first-instance litigation, the company defended itself by claiming operational difficulties rather than malicious wage arrears, arguing that there were no performance bonuses after the job transfer, and that Zhang's seniority should not be continuously calculated. Attorney Wang Xinrui of Beijing Henglue Law Firm represented Zhang in the litigation, pointing out that the company indeed failed to pay Zhang's wages on time and in full, that Zhang's forced termination and claim for economic compensation were justified, and that Zhang's work location and duties had remained unchanged for years. The court ruled that the company should pay Zhang 295,207.08 yuan in economic compensation for the terminated contract and 40,347.66 yuan in unpaid annual leave wages. The appellate court rejected the appeal and upheld the original judgment, making this the final ruling. This case confirms that if an employer fails to provide working conditions as stipulated in the labor contract or fails to pay wages on time and in full, the employee may be entitled to economic compensation and have their work seniority continuously calculated—this logic also applies to situations where the company unilaterally changes the work location or fails to provide the original working conditions in the event of a relocation dispute.

IV. Practical suggestions and legal basis

Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012) stipulates that the amendment of a labor contract shall be subject to mutual consent and in written form; Article 40(3) stipulates that if the objective circumstances on which the labor contract is based undergo major changes that render the contract unenforceable and the employer and employee fail to reach an agreement on amendment through consultation, the employer may terminate the contract by giving 30 days' written notice or paying an additional month's salary; Articles 46 and 47 specify the economic compensation and calculation standards applicable to termination under Article 40; Article 87 stipulates that unlawful termination shall result in the payment of double the economic compensation; Article 38 stipulates that if the employer fails to provide working conditions in accordance with the labor contract, the employee may terminate the contract and receive economic compensation in accordance with Article 46. Practical advice: After receiving the relocation notice, first request the company in writing to provide a plan stating the scope of the relocation, commuting arrangements, and whether the position and compensation will remain unchanged; avoid refusing verbally and then absenting without permission, leaving the company with a pretext to discipline the employee; submit written negotiation opinions based on actual commuting conditions and keep records; if the company stops paying salaries, stops social insurance payments, or removes workstations, promptly take screenshots to preserve evidence; and ensure that the notice of forced termination clearly states the statutory grounds and retain the delivery receipt. If the company refuses to pay after a legally effective judgment, the employee may apply to the court for enforcement, and relevant procedures can be referred to.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

There is no uniform compensation formula for relocation disputes, and the outcome depends on the reasonableness of the relocation, the standardization of the negotiation process, and the organization of evidence by both parties. The company should formulate a written relocation plan before the relocation, provide buffer measures such as shuttle buses and subsidies, and confirm with employees one by one in writing. It is strictly prohibited to coerce employees into accepting the relocation by threatening them with absenteeism. On the other hand, employees should avoid two extremes—neither should they accept the unreasonable relocation in silence, nor should they quit their jobs out of anger. Active resignation usually results in the loss of the right to claim compensation. The above-mentioned case of forced termination of economic compensation was handled by Beijing Henglu Law Firm.Wang XinruiThe lawyer (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acted on behalf of the worker, and both trials supported the worker's claims for economic compensation and continuous calculation of work experience. If you are currently facing the decision of whether to relocate or stay, it is recommended that you consult a professional lawyer before responding to the company, calculate the compensation path clearly, and then make a decision. You can first contact us for advice.Beijing Henglu Law FirmMake an appointment for an evaluation.

Q1: The company is relocating within the same city, and my commute time has significantly increased. Can I request compensation if I don't go to work?

In the case of relocation within the same city, compensation is not automatically granted. The key factor is whether the changes in commuting time have a substantial impact on the performance of the labor contract. In practice, factors such as the relocation distance, the increase in commuting time, whether the company provides shuttle buses or transportation subsidies, and whether the position requires physical presence at the workplace are taken into account. Generally, compensation is not granted for an increase in commuting time of about half an hour. However, if the increase in commuting time is one to two hours with no mitigating measures, it is generally deemed as a major change in objective circumstances. If the company terminates the contract due to failure to reach an agreement, the employee is entitled to economic compensation, with one month's salary per year of service. It is recommended to first request the company in writing to clarify the relocation plan and commuting arrangements, and then decide whether to accept the relocation or assert rights to avoid being passive.

Q2: I refused to go to the new location to work, and the company fired me for absenteeism. What should I do?

First, determine whether the relocation is reasonable. If it is a reasonable relocation and the company has provided shuttle buses, subsidies, and other transitional arrangements, there is a risk of being deemed absent without leave if one fails to report to work for a long time. If the relocation is obviously unreasonable, such as relocating across cities or making commuting unbearable, and the company terminates the employment without consultation, it constitutes an illegal termination according to Article 87 of the Labor Contract Law, and the employee can claim double compensation. After being dismissed, the employee should apply for labor arbitration within the one-year arbitration statute of limitations, and pay attention to keeping the termination notice, relocation notice, and negotiation records. In the arbitration process, the company needs to bear the burden of proof regarding the reasonableness of the relocation and the termination procedure. If the company fails to provide evidence, it will bear adverse consequences.

Q3: What evidence do I need to prepare to claim relocation compensation?

The core evidence can be divided into four categories: First, evidence of the labor relationship and wage standards, including labor contracts, social insurance payment records, and wage records of the past twelve months, which are used to calculate the compensation base; Second, evidence of the relocation facts, such as relocation notices, meeting minutes, chat records in work groups, and the actual distance and commute time between the new and old office locations; Third, evidence of the negotiation process, such as written objections, correspondence, and negotiation recordings; Fourth, evidence of the company's pressure, such as notices of stopping wage payments, suspending social insurance payments, and canceling workstations, along with screenshots. According to Article 6 of the Labor Dispute Mediation and Arbitration Law, if the company fails to provide evidence such as attendance records that are in its possession, it shall bear adverse consequences. When individuals have difficulty obtaining evidence, they may apply to the arbitration tribunal to order the company to submit the evidence.

Q4: Does it cost money to apply for labor arbitration? How long will it take to get the result?

Labor arbitration is free of charge. According to Article 53 of the Labor Dispute Mediation and Arbitration Law, labor dispute arbitration is free of charge, and the arbitration committee's funds are guaranteed by the government; the fees for hiring lawyers are generally borne by the clients themselves. In terms of time limits, the arbitration committee decides whether to accept the application within five days after receiving it, and concludes the case within 45 days after accepting it. If the case is complex, the time limit may be extended by 15 days upon approval, meaning that the ordinary case will take about one to two months to reach a verdict. If the parties are dissatisfied with the verdict, they can file a lawsuit with the court within 15 days from the date of receiving the verdict. The entire process usually takes three to six months, and the cycle can be significantly shortened if the materials are complete and the claims are clear.

Q5: I don't want to resign when the company relocates. How should I negotiate with the company about this?

First, after receiving the notice, do not verbally refuse or absent yourself without authorization. First, request the company in writing to clarify the scope of the relocation, commuting arrangements, job adjustments, and whether the compensation will remain unchanged. Second, based on the actual situation of your family and commuting, put forward written negotiation proposals, such as relocation subsidies, flexible working hours, and job adjustment and resettlement plans, and keep records of the communication. Third, if the company insists on maintaining the original position and compensation and the commuting is indeed unfeasible, you can claim that the negotiation to change the contract has failed according to Article 35 of the Labor Contract Law, and wait for the company to terminate the contract and pay economic compensation according to Article 40. Do not resign voluntarily, otherwise you will lose the right to claim compensation. Throughout the negotiation process, pay attention to keeping records.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Wang Xinrui·Beijing Henglu Law Firm