How change of address affects employment relationship
摘要
In a case in Guangdong Province, the Employee and the Company concluded a written employment contract on July 1, 2012, and agreed that the work location of the Employee is Guangdong Province. The first part of the contract reads “the domicile of the Company is: Second Floor, Building B, Chengnaner Road No.12, South District, Zhongshan”. On May 13, 2013, the Company posted a notice and notified the employees that it decided to change its registered place to “Third Floor, East Road No.2, East Town, Huoju Development Zone, Zhongshan” and the employees should work at the new address. On September 25, 2013, the Company officially changed its registered address upon the approval of the industrial and commercial administration department. However, the new address was far away from the residence of the Employee and that caused significant inconvenience to the Employee. The Employee considered relocation of the Company a change of his employment contract thus the Company should have obtained his consent. This article will try to analyze whether it is compulsory for an employer to consult with an employee and amend the employment contract when it comes to change of the employer’s registered address together with change of the workplace address or whether an employee has the right to ask for the termination of the employment contract and severance pay from the company.
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