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If the company changes its name, ask the employee to sign a new employment contract.
The biggest trick here is that employees will lose their continuous service with a company. Labor.
It stipulates that once an employee has served in an enterprise for more than ten consecutive years, the enterprise must sign a long-term labor contract with the employee. Termination of the contract will result in a hefty amount of compensation.
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The company's change of name, address, business license, etc., to let employees re-sign the contract, this is in line with the requirements of the labor law, and there is no direct routine.
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Hello, my friend's company changed its name and asked the employee to re-sign the contract, what is the routine of this? Mainly because the company changed its name for development, so the contract has to be re-signed, and the previous contract has been signed with the original company, and it has to be refilled if it continues.
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Of course, there is a routine for the company to replace Yungong and let Yungong re-sign the labor contract, because he asked the employee to re-sign the labor contract, and the new company will not be responsible for the previous things.
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The indefinite term contract must be signed after signing the contract three times, which is a routine for the company to circumvent the labor law.
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It is also normal for the company name to change the contract, and it is the basic requirement of the contract to match the name and the truth. Pay attention to whether there is any change in the terms of the original contract!
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The company changes its name and allows employees to re-sign the contract, you can go to the hall of the Labor Bureau, the enterprise pension insurance office to consult, whether the company paid social security for you before!
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Legal analysisThe company requires the labor contractor to renew the labor contract and agrees with the employee, explaining the reasons for changing the contract, the content of the change and the conditions for the change, and requesting the other party to reply within a certain period of time. Usually, it is necessary to terminate the original employment contract and sign a new employment contract, and it is necessary to pay severance to the employee.
Legal basisArticle 34 of the Labor Law of the People's Republic of China shall be submitted to the labor administrative department after the collective contract is signed; If the labor administrative department does not raise an objection within 15 days from the date of receipt of the text of the collective contract, the collective contract shall take effect. Article 35 A collective contract signed in accordance with law shall be binding on the enterprise and all employees of the enterprise.
In the labor contract concluded between individual employees and enterprises, the standards of working conditions and labor remuneration shall not be lower than those stipulated in the collective contract. Article 32 Under any of the following circumstances, the worker may terminate the labor contract at any time by notifying the employer: (1) the employee is within the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.
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Legal analysis: If the contract continues to take effect, but the unit should change the labor contract in a timely manner, of course, it is to destroy the original labor contract first and re-establish a new contract. Moreover, the personnel department of some units went to the labor bureau to handle it.
If the company does not change it in time, then the employee should bring the original contract to the labor bureau for resolution.
Legal basis: Labor Contract Law of the People's Republic of China
Article 33 The change of the employer's name, legal representative, principal responsible person, or investment liquid seller shall not affect the performance of the labor contract.
Article 34 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.
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.
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Legal analysis: The company does not need to re-sign the employment contract if it changes its name. The change of the company's name does not affect the civil legal acts before the change of the company's name, and the contract signed before the name change is still valid, and there is no need to sign a new contract.
When the employee's labor contract has not expired, the company proposes to re-sign the labor contract, which is a unilateral willingness to terminate the original labor contract, and if the employee agrees to re-sign, the two parties can reach an agreement to sign a new contract and agree that the original labor contract will be invalidated. If the employee does not agree, he or she has the right to refuse.
Legal basis: "Yuanhuai of the Civil Code of the People's Republic of China".
Article 33 The change of the name, legal representative, principal responsible person or investor of an employer shall not affect the performance of the labor contract.
Article 19 A contract established in accordance with law shall be legally binding on the parties.
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Summary. Hello, glad to answer for you. It is not legal for the company to request a new contract with another company.
There is a change in the employer, merger or division, etc. The original employment contract shall remain valid. The employer fails to perform the contract and violates the relevant provisions of the Labor Contract Law.
It can be reported to the competent labor department.
Hello, glad to answer for you. It is illegal for the company to request a new contract for another company. There is a change in the employer, merger or division, etc.
The original employment contract shall remain valid. The unit of the Yongchang Huai section does not perform the contract and violates the relevant provisions of the Labor Contract Law. It can be reported to the competent labor department.
Nayyu. Legal basis: Article 33 of the Labor Contract Law of the People's Republic of China The change of the employer's name, legal representative, main person in charge or investor shall not affect the performance of the labor contract. Article 34 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 obligationsArticle 79 Any organization or individual shall have the right to report violations of this Law, and the people's labor administrative department at or above the county level shall promptly verify and deal with it, and reward those who have made meritorious contributions.
Article 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.
I have worked in the company for 8 years, before the contract brother stove, but there is a social security, now the company is pretending to be the original company's industrial and commercial address does not match, need to cancel the original company and other reasons to ask with the boss under the name of another company to re-sign a 3-year contract, under the guidance of the leadership of the Qing Brigade and I have not understood clearly has signed, how to protect their legal rights, thank you.
In this case, you can directly sue for rescission of the contract. and apply for labor arbitration <>
I still want to do it in the company, but I don't know what the company's intention is and whether the re-signing of the contract has violated my legitimate interests.
Re-signing a contract depends on the overall purpose.
If there is a change in the company, employer, merger or division, etc., the re-signing of the contract will not infringe on your personal interests.
The boss is the legal person of the original company, and now the boss of the company who signed the contract is not a legal person, but a supervisor, but the actual controller is still the old bureau, and the company's equity and related are more complex.
This may have some impact on your subsequent work.
Can you send me the contract you signed for review<>
After signing the contract, my work content and treatment have not changed, and the labor contract is also a unified version of the company's contract, and the contract period is written for 3 years.
Then you don't have to worry about that.
Worry about the length of service, and then if the company terminates the contract early, etc., will it affect the relevant rights?
Yes, it is possible <>
But don't worry about anything else. The length of service will still be retained.
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