Conversion Contract Signing Unit Length Of Service Is Reduced

In recent years, labor relations regulations have been gradually improved, and the importance of "service age" to the protection of workers' rights and interests has been increasing. Because the working life of labourers in this unit is an important parameter for laborers to sign labor contracts, enjoy paid vacation, and calculate the economic compensation for the cancellation of contracts, some employers often adopt various methods to shorten the working age of workers, which undoubtedly damages the rights and interests of workers.

The court of labor dispute in Haidian District court of Beijing made a collation and analysis of the "trick" that the employer tried to reduce or clear the seniority of workers during the trial process.

From December 2004 to December 2010, five fixed-term labor contracts were signed with a home company. Among them, the last labor contract in December 2008 was part of the work content agreement: "Party A (company) hired Party B (a) as the company's subsidiaries home supermarket Donghe shop damage prevention team leader." In December 2010, on the second day after the expiration of the labor contract, the company did not deal with any labor relationship between the two parties, nor did it pay to any party. Economic compensation The supermarket company also signed a two-year labor contract from December 2010 to December 2012 with a certain company. The working part agreed that "Party A (supermarket company) should appoint Party B (a) as the leader of damage prevention" and the location of work is still in Donghe store.

He worked in Donghe shop until August 2012.

In August 29, 2012, because the supermarket company lowered its salary in a certain position, it sent a notice to the supermarket company and the home company to terminate the labor contract at the same time, and asked the supermarket company to pay the economic compensation from 2004 to 2012. Supermarket companies believe that a company has only signed a two-year labor contract with the company, so they do not agree to pay a compensation in accordance with the standard of 8 years.

Interpretation of the judge: Interpretation of the Supreme People's Court on Several Issues concerning the application of the law in labor dispute cases (four): the fifth provision: the worker is not assigned to the new employer unit for his own reasons, but the original employer has not paid the financial compensation. Labor Contract Law The thirty-eighth article stipulates that when the labor contract is terminating with the new employer, when the economic compensation is calculated, the people's court shall support the laborer's request for the merger of the working life of the original employer to be the working life of the new employer.

In this case, it is decided by an employer. Home company When changing to a supermarket company, it has been a team leader in a job and there has been no change in the place of work. Therefore, when a case is in compliance with the above legal requirements, and if the home company fails to pay an economic compensation, the working life of a company in the home company shall be counted as the working life of the supermarket company. The court ordered the supermarket company to pay an economic compensation in accordance with the standard of 8 years of service.

Rights Protection Tips: by changing the signing body of labor contracts, to avoid the continuous calculation of the working age of workers, it is commonly used by employers. Here, I would like to remind you that in the face of this situation, the focus of proof needs to be laid on proving that the place of work and the job position have never changed.