If the enterprise is to merge, and the original enterprise wants to terminate the labor contract and

At present, the original enterprise is negotiating with the employee to terminate the labor contract, and it is unlikely to request the continuation of the contract. The enterprise implements a comprehensive working hours system, how to ask for overtime pay? If the employee is a migrant worker, are there any special compensation regulations? Thank you very much for your reply!

In this case, the worker has two options:

The first is to require the original enterprise and the merged enterprise to continue to perform the labor contract with the employee, although this requirement has a legal basis, in practice, the enterprise can circumvent it in a variety of ways, such as changing the position of the employee, canceling the bonus, and only paying the basic salary; If the merging enterprise is based on the need for space, then the original jobs of the original enterprise will be abolished, and the employee will not have a suitable job at all, in this case, even if the employee requests to continue to perform the labor contract and sues the labor arbitration commission, the labor arbitration commission will basically not be able to rule on the continued performance (in fact, there is no objective job condition for continued performance). Therefore, this request can be raised, but it should not be used as the sole purpose.

Second, after making appropriate requests, the employer may terminate the labor contract with the agreed enterprise, and may request one month's salary for one year of work (not more than 12 months), may require the enterprise to settle all social pools in order to receive unemployment benefits, may require the enterprise to pay the unpaid overtime pay, and may also put forward other reasonable and legal requirements according to the actual situation.

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, that is, 2 months' salary shall be paid for every year of service, commonly known as 2n; 2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

You can refer to the Labor Contract Law

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.

Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

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.

If the company merges, the employee can terminate the labor contract. Employees can be terminated by negotiating with the company and notifying the company in writing 30 days in advance. However, if the employee is not terminated, it is also possible, and the merger does not affect the validity of the labor contract.

1. Compensation given by the merger of the company.

After the merger of Chinese companies, if the employee chooses to continue the labor contract, there is no economic compensation, and the new employer and the employee sign a labor contract; If the employee terminates the labor contract on the grounds of company merger, the employer shall pay the employee economic compensation, which shall be paid to the employee according to the number of years the employee has worked in the employer and one month's salary for each full year.

2. Can I work one month before my resignation?

I had to work a month before I quit. According to Chinese law, a regular employee may terminate the labor contract by notifying the employer in writing 30 days in advance. Before the employer formally terminates the labor contract, you still need to work normally and hand over the work you are responsible for to other employees of the company.

If an employee applies in writing to the employer for resignation one month in advance, the person concerned may resign if the employee agrees with the employer through negotiation with the employer, or if the employer violates the law.

3. How far in advance does it take to resign.

The law stipulates that resignation can only be done by notifying the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. If the worker is a probationary employee, three days' notice; If the probationary period has passed, it shall be 30 days in advance.

Resignation is the termination of an employment contract by an employee in accordance with the law. Therefore, the obligation of an employee to resign is to give the employer 30 days' written notice in advance. If the employer does not complete the withdrawal procedures for the employee in time, it may bear the corresponding responsibility.

Article 36 of the Labor Contract Law of the People's Republic of China.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Article 37.

The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

In this case, the worker has two options:

The first is to require the original enterprise and the merged enterprise to continue to perform the labor contract with the employee, although this requirement has a legal basis, in practice, the enterprise can circumvent it in a variety of ways, such as changing the position of the employee, canceling the bonus, and only paying the basic salary; If the merging enterprise is based on the need for space, then the original jobs of the original enterprise will be abolished, and the employee will not have a suitable job at all, in this case, even if the employee requests to continue to perform the labor contract and sues the labor arbitration commission, the labor arbitration commission will basically not be able to rule on the continued performance (in fact, there is no objective job condition for continued performance). Therefore, this request can be raised, but it should not be used as the sole purpose.

Second, after making appropriate requests, the employer may terminate the labor contract with the agreed enterprise, and may request one month's salary for one year of work (not more than 12 months), may require the enterprise to settle all social pools in order to receive unemployment benefits, may require the enterprise to pay the unpaid overtime pay, and may also put forward other reasonable and legal requirements according to the actual situation.