Workers who move factories should be compensated. If the factory relocation workers are willing to follow the factory relocation, the factory should give the workers relocation and resettlement fees; If the factory relocation workers are unwilling to terminate the labor contract with them according to the needs of factory relocation, the factory should give them some economic compensation. . The economic compensation shall be paid in accordance with the standard of one month for each full year of the employee's working years in this unit. If it is more than six months but less than one year, it will be counted as one year. If it is less than six months, the employee shall be given 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 local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed 12 years. . First, consultation. On the basis of respecting the interests of both sides, the two sides reached a consensus on compensation and reached a settlement agreement, thus solving the dispute. Second, if negotiation fails, economic compensation will be paid directly to the workers according to the procedures. In accordance with the law, the objective circumstances on which the labor contract was concluded have changed significantly, making it impossible to perform the labor contract. If the employer and the employee fail to reach an agreement on changing the contents of the labor contract through consultation, the employer may notify the employee in writing 30 days in advance or pay the employee an extra month's salary, then terminate the labor contract and pay the employee economic compensation according to law.
How to compensate for factory demolition?
The compensation standard for factory demolition is:
1. Compensation for demolished assets, including land, houses, buildings and ground attachments that cannot be relocated, and compensation for machinery and equipment that are really lost due to relocation;
2. Compensation for demolition expenses, including expenses incurred in the early stage of relocation, shutdown expenses incurred in the process of relocation, debugging and repair expenses of machinery and equipment, demolition, packaging and transportation of materials, and compensation expenses for dismissing employees;
3. Incentive fees based on the demolition policy, including quick relocation fees and demolition incentive fees.
According to the Regulations on Expropriation and Compensation of Houses on State-owned Land, when the leased factory building is demolished, the lessee can get economic compensation including the loss of production and business suspension, compensation and resettlement for demolition, etc.
Legal basis: Article 40 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.