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What is the relationship between Company A and Company B? Is your salary paid by A or B?
1. If B belongs to A, you don't need to sign it;
2. If A belongs to B, there is no need to sign;
3. If A is a labor service company, there is no need to sign;
4. If there is no relationship between the two parties, the salary is paid by A, and there is no need to sign;
5. If there is no relationship between the two parties and the salary is paid by B, then the labor contract should be signed by B. Company B can be required to pay double wages from the second month.
Through your supplement, it can be said that your labor relationship is still in Company A, and it should be okay to resign. If you resign according to the regulations, but if Company A deliberately makes it difficult and affects your interests, you can file a complaint with the Labor Bureau. There should be no other compensation.
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Yes, it is a unilateral change of the labor contract, and you have no labor contract relationship with the new company, so it will be treated as no labor contract relationship. Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
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Whether you are on temporary secondment or terminate the employment contract with Company A, if the latter is the case, you should sign an employment contract with Company B. According to Article 82 of the Labor Contract Law, if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
According to your addition, if the two companies belong to two independent legal persons, regardless of whether the boss is one person or not, they should sign a new labor contract, and this time you can ask for 7 months' salary, and if the negotiation fails, you can apply to the labor dispute arbitration commission for arbitration. If satisfied, thank you!
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If the company asks me to sign a supplementary agreement to the labor contract, requiring the employee to work in another company, the employee and the employer can agree on a change to the labor contract, and the employee can refuse, and if the employer terminates the labor relationship as a result, the employer shall pay the employee severance payment.
Labor Contract Law
Article 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
The amended labor contract shall be held by the employer and the employee.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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.
Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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If you sign it, it's legal, and of course the supplementary content in it has this aspect.
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If you have already signed an employment contract and now want to change it, you will be asked to sign another contract and work for another company. You have the right to refuse. Because the contract must be complied with by both parties and agreed at the same time!
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If there is a change in operation, one month's salary will be paid for every year worked, and half a month's salary will be paid for less than half a year.
If the dismissal is without cause, the compensation shall be twice the amount of the compensation.
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It depends on why you were fired by the company.
Theoretically reasonable.
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