Can The Staff Be Assigned To The New Unit Before They Can Work?

After 6 years of working in A company, due to the significant adjustment in the direction of A's operation and the great changes in manpower and technology, I was arranged by A company to work in B company.

Now, after negotiation with B, both sides agree to terminate the labor contract.

But I quit working.

The issue of economic compensation is controversial with each other: I indicated that I should be included in my 6 year work in A company. B insisted that when I was working in A company, I did not sign labor contracts with B company or B company, nor did I benefit from B company, that is, I had no relationship with B company at that time. Therefore, my working experience in A company should be "zero", and B company can only be in my place.

I paid 3 months' salary in 3 years.

Excuse me, is the statement of B company correct?

Reader: Gu Xiaoyi

Gu Xiaoyi Reader:

B's statement is wrong, and it has no right to "zero" your A years of work experience, but should pay you 9 months (6+3) salary as an economic compensation.

Article tenth of the regulations on the implementation of the labor contract law: "laborers are not assigned to the new employer units for their own reasons because of their own reasons. The working life of the workers in the original employing units is calculated as the working life of the new employing units.

If the original employer has paid the economic compensation to the laborer, the new employer will no longer calculate the working life of the laborer in the original employing unit when he calculates and pays the economic compensation period in accordance with the law.

The interpretation of the Supreme People's Court on Several Issues concerning the application of laws in labor dispute cases (four), the first paragraph of article fifth also states: "the laborers are not assigned to the new employer units for their own reasons, but the original employer has not paid them.

In accordance with the thirty-eighth provision of the labor contract law, a worker shall rescind a labor contract with a new employer, or a new employing unit proposes to terminate or terminate the labor contract to the worker. When the working life of calculating the payment of economic compensation or compensation is calculated, the people's court shall support the worker's request for the calculation of the working life of the original employer in the new employer's working life.

And the second paragraph is also clear: "the employer shall be deemed to be" laborers who are not assigned to the new employer "for their own reasons because of one of the following circumstances: (1)...

(two) employing units in the form of organizational appointments or appointments to mobilize workers. "

Just because you work in B company is due to the arrangement of A company of the original employer, that is, it coincides with item (two). It also decides that the B company as a new employer can not shirk its responsibility on the grounds that you didn't sign a labor contract when you worked in A company, did not create benefits for it, and there was no labor relationship at all.

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Yang said that it was engaged in equipment installation in October 15, 2013 to Rizhao certain equipment Co., Ltd.

In November 1, 2013, he was injured in the process of work and hospitalized for 14 days. The medical expenses were paid by the equipment company.

At that time, the two sides did not sign labor contracts, and the company did not pay social insurance premiums for them.

When he applied for industrial injury identification, Yang lacked the relevant evidence of labor relations between the two sides and was asked to submit it within a specified time limit.

To this end, Yang filed an arbitration application with the local labor and personnel dispute arbitration committee, and requested confirmation of his labor relationship with the equipment company in accordance with the law.

After verification, the equipment company signed an agreement with Liu, which is: "our company has reached an agreement for staff yang to tear the ligaments of the leg due to operational errors at the construction site.

The company has been treated and rehabilitate in hospital at the end of 2013, and the medical expenses are paid by our company.

After rehabilitation, the two sides agreed to pay 5000 yuan for a one-time payment.

After receiving cash, Yang has nothing to do with the company.

The Arbitration Commission believes that, according to the sixth provision of the labor dispute mediation and arbitration law, labor disputes arise, and the parties have the responsibility to provide evidence for their claims.

Where there is no evidence or evidence to prove the facts of the party, the party who bears the burden of proof shall bear the adverse consequences.

In the trial, the legal representative of the equipment company recognized Yang's fact that he was injured at the contract site, but denied that there was labor relationship between the two sides. He had always argued that Yang was his co operative and hired by Liu, and the dispute between the two sides had been settled.

However, the agreement provided by the equipment company has proved that the argument of the legal representative can not be established, so that there can be a labor relationship between Yang and the equipment company.