If the company is acquired and renamed, is the original labor contract valid?

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.

It is completely valid, there are clear provisions in the Labor Contract Law, and there is nothing special to pay attention to, that is, the subject is changed.

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 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.

Valid, the modification of the contract should mainly be proposed by Party A, of course, the contract should be negotiated and changed, but in practice it is impossible, and the right can only be maintained after the arbitration and litigation.

After the company is acquired, if the contract does not expire, there is no need to change the contract, and when the contract expires, it is necessary to sign a new contract with the company.

Article 544 of the Civil Code of the People's Republic of China stipulates that if the parties have not agreed on the content of the contract to be changed, it is presumed that it has not been changed.

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.

1. Whether the contract continues to be valid after the company is acquired.

When an enterprise legal person is separated or merged, its rights and obligations shall be enjoyed and borne by the changed legal person. The new corporate entity will inherit the rights and obligations of the previous company, and the previously signed contract will naturally be valid. An investment in which an enterprise obtains part or all of the ownership of an enterprise through certain procedures and means.

The purchaser can generally complete the acquisition in cash or ** to obtain the actual control of the acquired enterprise. The result of an international takeover is a cross-border participation, takeover or merger. Historically and presently, it has been one of the main forms of international direct investment.

There are many ways to acquire a company, if the company's shareholders change, but the company still exists, the company does not propose to terminate the labor contract, or perform as it is, without compensation.

If the company is acquired and merged with another company, the labor contract is executed by the merged company and there is no compensation. In this case, the contract shall be re-concluded, but not without re-entering into a new contract and without affecting its validity.

2. Three forms of contract modification.

1. The nature and content of the contract determine that one of the parties may change the contract. Some contracts are created for the benefit of one of the parties; There are also some contracts in which certain derogation clauses are agreed upon specifically for the benefit of one of the parties. Since, under normal circumstances, the parties can give up the benefits they are entitled to, therefore, for these contracts, if one of the parties no longer needs the contract to bring benefits to them according to the changes in objective circumstances after the conclusion of the contract, Zensen can change the contract.

2. Both parties agree through consultation and do not harm the national interests and social public interests. When the parties conduct negotiations, the expression of intent must be clear and not vague, otherwise, if the parties are not clear about the content of the contract modification, it is presumed that it has not been changed.

3. All obligations of the contract cannot be performed due to force majeure. Force majeure refers to objective circumstances that cannot be foreseen or avoided or overcome. In the event of force majeure, the contract cannot be performed or cannot be fully performed, the parties are allowed to change the contract to make the performance of the contract possible.

Force majeure must be such as making it impossible to perform the contract in order to justify variation of the contract. If the contract can still be performed after the force majeure occurs, it cannot be used as a reason for changing the contract through the efforts of the obligor.

When the company is acquired, 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. Therefore, if the company re-signs the contract after the acquisition, the employment relationship between the employee and the employer will continue to be valid and will not be affected, and there will be no need to pay economic compensation. If there is a major change in the performance conditions of the intellectual labor contract after the acquisition, compensation can be claimed.

1. Whether the company can be renewed for the labor contract when the company is acquired and the parent company is acquired, and the parent company requires you to re-sign the contract, stating that the original labor contract is terminated, and the original unit shall handle the termination of the labor contract in accordance with Article 44 (5) of the Labor Contract Law, and pay you economic compensation in accordance with the provisions of Article 46 (6) and Article 47. After terminating the labor contract and receiving economic compensation, it is your right to sign with the parent company or with the acquiring company. That's it for a brief introduction to the renewal of the labor contract.

2. Labor Contract An employment contract [1] refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness, and consensus, and shall not violate the provisions of laws and administrative regulations. The labor contract shall be binding immediately and legally binding in accordance with the law, and the parties must perform the obligations stipulated in the labor contract.

2] According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), an employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, an individual economic organization, a public institution, a state agency, a social organization, etc., becomes a member of the unit, undertakes certain types of work, positions or positions, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the workers enjoy labor protection, social insurance, welfare and other rights and treatments, and the subjects of the labor contract are the parties to the labor legal relationship: the worker and the employer.

The subject of the labor contract is different from the subject of other contractual relationships: first, the subject of the labor contract is a specific citizen who does not have legal qualifications as prescribed by law and an organization that does not have the right to employ labor cannot sign a labor contract; Second, after the labor contract is signed, the subjects have the nature of administrative subordination, and the worker must obey the administrative management of the employer in accordance with the law Since the company is acquired by another company, there will be the question of whether the labor contract can be renewed, in fact, the choice between the employer and the employee is a two-way street, so when encountering such problems, you can choose a company that is more suitable for you according to your own needs.