By Xu Xiaodan and Yang Yi King & Wood Mallesons’ Commercial & Regulatory Group
According to Article 17 of the Labor Contract Law, clause related to location of work is an essential clause in an employment contract entered into by and between an employer and an employee. Such a clause in employment contract, in general, often is explicit and specific and stipulating a city as the location of work is usually seen. Due to the needs of business development and characteristics of employees’ jobs, however, in some companies, working in several cities is required and such companies may stipulate a nationwide work location with their employees in the employment contract. Some companies are hoping that they could change their employees’ working city or district without going through negotiation and obtaining employees’ consent in the future with the work location clause, so that they could achieve their aims of changing employees’ workplace unilaterally.
As per analysis of cases in Beijing, Shanghai, Guangdong, it should be noted that courts have different opinions on the nationwide work location clause. Please see the following cases from the courts of Beijing, Shanghai, Guangdong or Shenzhen and the abstracted key points thereof.
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