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The change of contract is also subject to the consent of both parties. If the employee does not agree, it is also difficult to change the contract. In addition, the change of contract must not harm the interests of employees, and the change of contract must be carried out in accordance with the labor law and cannot violate the provisions of the law.
Therefore, employees have the right to refuse to change the contract and protect their legitimate rights and interests in accordance with the law.
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Someone in the company takes over, and if you want to change the contract, you can only change it, and it is not possible to change it, it must be changed.
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If someone in the company takes over and wants to change the contract, that is, to do things according to the contract, and if the contract is in hand, there must be some conditions for another day.
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If someone in the company takes over and wants to change the contract, both parties who sign the contract need to agree before they can change the contract, and if one party does not agree, it is not possible to change the contract casually.
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Then if you still want to continue to work, just sign a contract, anyway, just pay social security, and the length of service is not a lot of yours anyway, and you will still retire when the time comes.
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What should I do if someone in the company takes over and wants to change the contract? If you think that the contract changed by the person I just took over is acceptable, then I will continue to sign and work. If you don't think it's acceptable, then you can leave.
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After someone in the company takes over, they must ask everyone whether they want to stay in office, and if they do, of course, they must change the labor contract.
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Then change the contract, communicate with the employee, what should I do? What's so difficult about this?
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If the company wants to change the contract, it must be based on the original contract.
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No, because the contract is with the company, not with the legal person.
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Someone in the company takes over and wants to change the contract, what should I do? You can change your ticket.
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Legal analysis: You can ask the current company for economic compensation, because the contract with the current company has not expired, the legal relationship is still legal and valid, and if you ask to sign a contract with other companies, the company has breached the contract, so you can claim economic compensation from the current company. After the financial compensation of the goods, you can sign a contract with the next company.
Legal basis: Article 43 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:
1) The worker terminates the labor contract in accordance with the provisions of the law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of the law and agrees to terminate the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of the law;
4) The employer terminates the labor contract in accordance with the provisions of the law;
5) Terminating a fixed-term labor contract in accordance with the provisions of the law, except in cases where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Terminating the labor contract in accordance with the provisions of the law;
7) Other circumstances provided for by laws and administrative regulations.
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Legal analysis: 1. If the old contract of the original unit is terminated first and then the new contract is signed with the new unit, the orange peel is illegally terminated and double economic compensation needs to be paid;
2. The transition due to the company's restructuring and merger is legal. This is a way for companies to reduce their operating costs.
Legal basis: Article 50 of the Law of the People's Republic of China on Labor Harvesting Contracts Article 50 The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall go through 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.
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Summary. If the company wants to change the labor contract, it must reach an agreement with the employee, that is, the employee must also agree, so the employee has the right to refuse to sign the modified contract, and at the same time, it can also require the current company to continue to perform according to the original contract. Legal basis:
Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus and good faith in the conclusion of a labor contract. Article 16 of the Labor Contract Law stipulates that a labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.
Article 33 of the Labor Contract Law stipulates that 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.
Dear, Hello [cute] The contract has not expired, and it is illegal for the company to celebrate and ask for a change to other companies, and if the company wants to change the labor contract, it must reach an agreement with the employee, which means that the employee also needs to agree, so the worker has the right to refuse to sign the changed contract, and at the same time, the current company can also be required to continue to perform the cover in accordance with the original contract.
If the company wants to change the labor contract, it must reach an agreement with the employee, that is, the employee must also agree, so the employee has the right to refuse to sign the modified contract, and at the same time, it can also require the current company to continue to perform according to the original contract. Legal basis: Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith in the conclusion of a labor contract.
Article 16 of the Labor Contract Law stipulates that a labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold a copy of the text of the labor contract. Article 33 of the Labor Contract Law stipulates that the change of the employer's name, legal representative, principal responsible person or investor shall not affect the performance of the labor contract.
I signed an indefinite contract with my current company, and now the company wants to change the contract of another company, I didn't sign it, and now the company's land shed has been informed that my work has been stopped, and I am negotiating compensation, whether this is 2n or n+1
According to the provisions of the Labor Contract Law, the enterprise shall pay the employee one month of severance for one year.
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1. Unemployment certificate: It means that you have worked before, but now you are unemployed due to various reasons. 2. Employment Permit:
If you go to the street to get a work permit before you finish preparing for your job, it means that you can now look for a job. The above two types of certificates are only available in cities, and migrant workers generally do not have them. Some units will ask migrant workers to issue a "work permit", which is usually issued by the migrant worker's hometown, but now it seems that there is no more.
There is also a temporary residence permit, which refers to the certificate that people whose household registration is not in the local area go to the police station to apply for it. In some places, it is stipulated that units cannot recruit migrant workers who do not have temporary residence permits. There is a lot of attention to when signing a contract, and if the company is unreliable and deliberately deceives you, it is really impossible to prevent it.
It is recommended that you sign the kind of form contract supervised by the Labor Bureau. There is a lot of knowledge to sign a labor contract, and the most important thing to pay attention to is the following things. The content of the labor contract should be complete.
The labor contract has the necessary contents, including the term of the labor contract, the content of the work, labor protection and working conditions; Labor remuneration, social insurance and welfare, labor discipline, conditions for termination of labor contracts; Liability for breach of labor contract. At present, some units are very non-standard in employing personnel and are unwilling to sign a written labor contract with their employees, hoping to evade some responsibilities, and some unit leaders are trying to save trouble. This is extremely irresponsible to the worker.
The employee has the right to request a written contract with the employer. In this way, if there is a labor dispute or dispute, there is a legal basis. A contract is also required during the probationary period.
This point is often ignored by workers, and some units, in order to evade responsibility, often do not sign labor contracts with employees during the probationary period. Once the probationary period expires, find all kinds of excuses to dismiss the employee. This method saves the employer trouble and money, and can not bear any responsibility for the employee.
When signing a labor contract, it is necessary to listen, think and read more (refer to other people's contracts), and avoid signing "oral contracts", "incomplete contracts", "vague contracts", "unilateral contracts" and life and death contracts signed between employers and employees in some dangerous industries that "are not responsible for work-related injuries".
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If the company changes, that is, the subject of the contract changes, the contract can be changed or the contract can be re-concluded through negotiation. A change in the contract is a partial change in the content of the contract, a non-fundamental change in the contract, and the change in the contract is only a modification and supplement to the content of the original contractual relationship, but not a complete change to the content of the contract. If the content of the contract has been completely changed, it has actually led to the termination of the original contractual relationship, the creation of a new contract, and the modification and addition of the original contractual relationship is limited to non-essential contents, such as the increase or decrease of the subject quantity, the place of performance, the time of performance, the change of price and settlement method, etc.
In the case of non-fundamental change, the changed contractual relationship and the original contractual relationship remain unchanged in nature and belong to the same legal relationship, which is called the renewal of the contract.
How to check the employment contract you have signed.
If the labor contract is filed with the human resources and social security bureau where the employer is located, you can go to the human resources and social security bureau where the company is located to inquire with your ID card and labor contract.
According to the Labor Contract Law, there is no requirement that an employment contract must be filed, and the employment contract shall be agreed upon by the employer and the employee through negotiation, and shall be signed or sealed by the employer and the employee on the text of the labor contract.
Labor Contract Law
Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.
The employer and the employee shall each hold one copy of the labor contract.
Legal basis: Article 543 of the Civil Code of the People's Republic of China [Agreement to modify the contract] The parties may modify the contract if they reach a consensus through consultation.
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Legal analysis: the change of the company's name does not change the validity of the contract, the signed contract is still valid, will not affect the validity of the contract, the enterprise after the name change still has to perform the contractual obligations, and the parties to the contract can change the contract through consensus and correct the name of the enterprise.
Legal basis: Civil Code of the People's Republic of China
Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with the law is only legally binding on the parties, unless otherwise provided by law.
Article 532:After a contract takes effect, the parties must not fail to perform their contractual obligations due to a change in their names or titles, or a change in their legal representatives, responsible persons, or undertakers.
Article 543: The parties may modify the contract by consensus.
It is legal for the company not to sign the labor contract, because you do not have the main qualification of the labor contract law (not a worker), and your relationship is still in school, but as an internship, the company should sign an internship (apprenticeship) agreement with you, clearly agree on the content of the internship, etc., it is recommended to talk to the company and sign the agreement first! After you officially graduate, the company should sign a labor contract with you and pay social insurance! If your internship is different from what you said at the beginning, then you can go to court to sue!
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