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The compensation for employees after the acquisition of the enterprise is as follows;
1. The adjustment from Company A to Company B is a group act. Although the employment contract was re-signed, Company A did not give corresponding economic compensation, and the length of service should be counted consecutively. In the event of a dispute or termination of the employment relationship, the length of service shall be calculated from the date of signing the employment contract with A.
2. Company B was taken as a whole, although the affiliation has changed, the original labor contract continues to be performed, and the length of service is calculated continuously. Even if the new boss dismisses you after one year, the severance should be calculated from the date of establishment of the employment relationship with Company A.
3. If you have signed two consecutive labor contracts since 2008, you are eligible to sign an indefinite labor contract with the new company, and after the expiration of the contract, as long as you propose, the new company must sign an indefinite labor contract with you, otherwise, you shall bear the responsibility stipulated in the second paragraph of Article 82 of the Labor Contract Law: "If the employer violates the provisions of this law by not entering into an indefinite labor contract with the employee, from the date on which the indefinite term labor contract should be concluded to pay the employee twice the monthly wage".
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Article 34 of the Labor Contract Law provides that in the event of a merger or division of an employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations. According to the provisions of the Company Law, the newly created corporate legal person after the merger shall inherit the rights and obligations of the original legal person before the merger. In this way, if your employment contract is still valid, if you resign during this period, there will definitely be no severance payment, "if the company says that you want to continue to hire me, I also agree to stay", then it is only the performance of the labor contract obligations of both parties as it is, and there is no compensation problem.
From a legal point of view, your new employer does not need to do any buyouts or other measures at all, it is nothing more than to change the name of the employer on the original contract.
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The change or acquisition of the company's legal representative or factory name does not affect the labor contract, and the continuous calculation of the labor contract cannot require the company to pay economic compensation. The labor contract is calculated continuously in the new company, and the working years of the original company are indicated in the labor contract of the new company, and the new company recognizes it. If the employment relationship with the employee is terminated after the company is acquired, the employee can claim compensation from the company at this time.
Severance is paid to the worker at the rate of one month's salary for each full year.
where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the worker in the previous year announced by the people of the municipality directly under the Central Government or city divided into districts where the employer is located, the standard for paying the worker's severance shall be three times the average monthly wage, and the period for paying the worker's severance shall not exceed 12 years. According to Article 33 of the Labor Contract Law, the change of the name, legal representative, principal person in charge or investor of an employer shall not affect the performance of the labor contract.
After the merger, it is a new company and a new team. Yesterday, the business that was in full swing suddenly stopped, and the original efforts seemed to have turned to the East. The leaders and colleagues who worked together are gone, and the new team is still waiting to cultivate chemistry and integration again.
I don't know what I can do in my new company and continue to do what I did before. Wearing a brand new vest. It's like being hired again, but with a little more contradictions.
But can the allure of money offset the psychological frustration of employees and stop the wave of resignations brought about by the merger once and for all?
If you're in a small company, this acquisition might be seen as an opportunity to get into a larger company. Therefore, friends in this part will suggest that they wait for the resettlement clause at the beginning of the merger to consider whether to stay. At the very least, there is a chance that the resume will have the name of a large company mixed in.
Heroes emerge from troubled times. In the chaotic moment of the reshuffle and reorganization of the new group, if you can seize the opportunity, shoulder important responsibilities, and assume the glue of team integration, it may be an opportunity for career promotion and salary increase.
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There is compensation for the acquisition of the company, and there will also be compensation if the employment contract is terminated after the acquisition of the company.
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When a company is acquired, there is generally no compensation, and the employee will be given certain economic compensation unless the new company terminates the labor contract with the employee.
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In general, there is compensation, and the company acquired by the other party will also give corresponding compensation to its own company.
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Of course, there is compensation, because the other party is doing this to protect your interests, so you will generally be compensated.
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There is compensation, and if a company is acquired by another company, then there will be compensation accordingly.
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It depends. There is no compensation for the employee when the company is acquired, but the employee can ask the new company to continue to perform the original employment contract. If the contract is terminated due to an acquisition by the company, the employee can claim compensation.
The acquisition of a company is a matter between shareholders and has nothing to do with employees. The company requires the employee to re-sign the labor contract, which is generally required to promise to inherit the employee's original employment period, which is related to the future treatment he or she will enjoy. For example, whether it is possible to sign an indefinite-term employment contract, severance in the event of future layoffs, the number of days of annual leave, etc.
If the company does not promise to inherit the original working period, the employee can claim to settle the previous length of service compensation, that is, one month's salary for one year, one year for more than six months and less than one year, and half a year for less than six months.
Legal basis] Labor Contract Law
The change of the employer's name, legal representative, principal responsible person or investor does not affect the performance of the labor contract.
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Legal Analysis: If a company is acquired, if the employee is not dismissed, he will not receive any compensation. If you are dismissed, you will receive economic compensation, and the specific compensation standard is:
1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year. 2. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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If the employment contract is not terminated, there will be no compensation, and the new company will continue to perform the employment contract. If the new company wants to re-sign the labor contract or terminate the labor contract, it can request the corresponding economic compensation for the early tour. Calculation of severance for termination of labor contract:
Severance compensation shall be paid to the worker according to the number of years of service in the employer, and the standard of one month's salary for each full year. Legal basis: Article 33 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Change of the name and legal representative of the employer] The change of the name, legal representative, main person in charge or investor of the employer shall not affect the performance of the labor contract.
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