David’s Legal Turnabout: Winning Settlement and Securing a Dream Job

The purpose of this article is to elucidate the legal ramifications of reassigning employees to alternate branches or locations. As an employee, do you possess the authority to contest such a transfer? Continue reading to discover your rights.

For confidentiality purposes, I’ll refer to a client of mine as David, a designer. David had been employed by a Hangzhou-based company for an extended period when, without prior warning, he received a directive from his superior mandating him to commence work in Longyou—a county approximately three hours away by car—at the onset of the upcoming month.

The justification provided was the closure of the Hangzhou branch, necessitating David’s workplace to shift to Longyou for managerial reasons. Should David fail to comply by reporting to the new location within 10 days, he would be deemed insubordinate, resulting in the termination of his employment.

Understandably, David was discontented with the prospect of relocating, having previously visited the Longyou office and deemed the locale exceedingly dull. The absence of Western dining options, entertainment venues, expatriate community, and English-speaking individuals posed a significant lifestyle challenge for David. How could one expect him to adapt to such a setting?

Undeterred, we proceeded with arbitration. Shortly thereafter, David received encouraging news: a job offer in Hangzhou for a designer position with a salary more than twice his current earnings.

However, with this new job offer, the clock was now ticking for David. Initially, he was hesitant to cancel his work permit, uncertain of how long it might take to secure another job in China. I had recommended that he cancel it promptly, but David was reluctant. He was aware that, unlike teachers, designers weren’t in high demand, and he was wary of the risk of potentially having to leave China if he found himself without employment.

David had entered into a contract with a school in Wuxi to teach art, which had him concerned about the potential legal repercussions of his actions. I counseled him to tactfully decline their offer citing personal reasons, to minimize any possibility of the school harboring resentment towards him in the future.

Choosing not to cancel a work permit, particularly when the company proposes to do so, can be a risky strategy. While it may afford you additional time to find a new employer, it also necessitates your current employer’s assistance to cancel the permit later on, which they could potentially leverage to their advantage.

David was immensely satisfied with the outcome of the settlement, having secured a significant sum from the lawsuit and found a new employer who values his talents. With confidence, it can be said that David is now contentedly employed at his new company, earning over twice his previous salary and creating artwork that brings him joy!