Ah Chun has had a headache recently, because the company gave her a question, and she couldn't answer it left and right. At the suggestion of a friend, she asked for help.
Ah Chun said that many years ago, she signed a labor contract with a company in Shanghai, not long ago, the labor contract expired, the company's personnel talked to her, saying that the labor contract was renewed, the position remained the same, the salary remained the same, and the treatment remained the same, but the main body of the labor contract with it became the company's brother company in other places, and the brother company engaged in the same business is still an independent legal person and operates independently.
Ah Chun said that she raised an objection on the spot, and the company's personnel immediately said that the labor contract renewed by the company and her did not reduce or change the original position and treatment, and if she did not sign it, it would be a refusal to sign the labor contract, and the labor contract would be terminated when it expired, but she would definitely not be given economic compensation.
Ah Chun said that the company's play made her in a dilemma. If you sign it, it means that you have changed the owner, so what is the length of service and how to guarantee it? If she didn't sign it, the company said that she refused to sign and drove her away and didn't pay economic compensation, which gave her a headache.
Xu Renhua, director of the Labor Law Research Association of the Shanghai Law Society and a well-known labor law expert, believes that the employer's approach, on the surface, is not a problem, but in fact it is a trick to steal the beams and change the pillars. Paragraph 5 of Article 46 of the Labor Contract Law stipulates that if an employer maintains or improves the terms and conditions of the labor contract and renews the labor contract, and the employee does not agree to renew the labor contract, the fixed-term labor contract shall be terminated, and the employee shall not be entitled to severance payment. However, the "employer" here should be the party who signed the previous employment contract, not the new employer. If the employee is unwilling to go to the new employer, it is not a situation where the original employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, and the original employer shall terminate the labor contract and pay economic compensation.
Therefore, if Ah Chun is unwilling to go to the new employer, the original employer will either not lower the original standard and renew the employment contract with him; Either the labor contract will be terminated and severance will be paid, and if the original employer continues its illegal acts, Ah Chun can take legal means to defend his rights.
Xu Renhua said that considering that it is not easy for workers to find employment, if Ah Chun is willing to go to a new employer, he can ask the new and old employers to negotiate together, and clarify through the newly signed labor contract how to pay their economic compensation, how to continue their length of service, how to calculate annual leave and various types of leave, and how to guarantee various wages and benefits, etc., preferably stating, "The original employer and the new employer are affiliated enterprises, and the labor contract signed between the original employer and the new employer shall be arranged by the original employer." In this way, once disputes and disputes arise in the future, I believe that the protection of legitimate rights and interests can achieve "the unjust and the debtor".
Labor Daily Zhao Zhu'an).
*: China Industry Network.