The company transferred the labor contract to a third party, and the third party was unwilling to ac

You need to negotiate with the original company, and you need to terminate the labor relationship with the original company before signing the labor contract with the new company, and the original company needs to compensate you for this process, because it is not the employee's personal reasons to resign.

In addition, regardless of whether the new company accepts it or not, you need to ask the original company for this compensation, and if the company does not give it to you, it is recommended to report it to the labor inspection brigade or go to arbitration.

Another point to note is that try to work in a company with a slightly higher salary level, so that the amount of maternity allowance that can be reported after you give birth will be higher, and you can get a higher difference.

It doesn't matter if the third party does not accept it, find the main unit of the contract, and ask the unit to arrange a suitable job.

It is better to find a company to solve this problem. The company can't throw it to a third party just because the employee is pregnant, and the bell must be untied. Hope it helps.

If you continue to maintain the contract with the original employer, you cannot terminate the labor contract with you within three periods.

According to the Labor Law, an employer may not discriminate against a pregnant woman or dismiss her on the grounds of pregnancy.

Isn't it normal. Why should a third party be wronged? You should find a company to solve it.

It is still necessary to sign a labor contract directly with the employer and not involve a third party. This is conducive to safeguarding your legitimate rights and interests.

It is recommended that you first negotiate with the unit to settle the problem, and then go to labor arbitration, the lawyers of the labor dispute department of Baihuan Law Firm focus on labor arbitration cases and provide one-on-one legal advice for the majority of workers.

Legal analysis: The employer has no right to transfer the employment relationship without the entrustment or authorization of the parties, and it is illegal for the employer to transfer the labor contract to a third party, and the employee can claim compensation from the company.

Legal basis: Labor Contract Law of the People's Republic of China in Zhongsui Liang

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: If the employer proposes to transfer the labor contract to the employee and the employer agrees through consultation, it shall pay severance to the employee. It is illegal for an employer to transfer an employment relationship on the premise that it violates the employee's true intentions.

The employer has no right to transfer the employment relationship without the entrustment or authorization of the parties, and it is illegal for the employer to transfer the employment contract to a third party, and the employee can claim compensation from the company. The employee may file a complaint with the labor inspection department of the local human resources and social security bureau or the labor dispute arbitration department for arbitration, claiming the revocation of the original contract and related compensation.

Legal basis: Regulations for the Implementation of the Labor Contract Law of the People's Republic of China

Article 10 Where a worker is assigned to work in a new employer from the original employer for reasons other than his/her own, the number of years of service of the worker before the old age of the original employer shall be calculated as the number of years of service of the new employer. If the original employer has already paid severance to the employee, the new employer shall not count the employee's working years with the original employer when calculating the number of years of service for which severance is paid when the labor contract is terminated or terminated in accordance with the law.

Article 11 Except where the worker and the employer reach an agreement through consultation, if the worker proposes to conclude an indefinite-term labor contract in accordance with the provisions of Paragraph 2 of Article 14 of the Labor Contract Law, the employer shall conclude an indefinite-term labor contract with the employee. The content of the labor contract shall be determined through consultation between the two parties in accordance with the principles of legality, fairness, equality, voluntariness, consensus, and good faith; The content of the inconsistency through negotiation shall be implemented in accordance with the provisions of Article 18 of the Labor Contract Law.

Signing a contract with a third-party company means that the company entrusts a labor dispatch company, and the labor dispatch company signs a labor contract with it, and the labor dispatch company then assigns it to the current unit, that is, the current unit is the actual employer, thus forming a tripartite form of labor dispatch. The labor relationship is established with the labor dispatch company, the labor relationship is formed with the employing unit, and the civil relationship is formed between the two companies. The rights and obligations between them are determined by signing a tripartite agreement.

The employer shall pay the dispatch fee to the labor dispatch company in accordance with the agreement, and pay the labor remuneration and social insurance premiums to the forced worker; The employer is responsible for the actual employment and management of the worker. This type of employment is clearly regulated in the Labor Contract Law and is regulated by the Labor Law.

Legal basis: Labor Contract Law of the People's Republic of China Article 58 A labor dispatch unit is an employer referred to in this Law and shall fulfill its obligations to its employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.