How To Calculate The Seniority Of The Old Employee After Being Pferred To The New Company?

When the old employee submitted to the company after he resigned, he was assigned to the new company registered at the same address. After that, he was expelled from the company. After that, he was dismissed. How did he calculate his working life? Recently, the people's Court of Xiamen District of Fujian province tried a special labor dispute case in the District of Jimei, Xiamen. The age of the plaintiff in the first instance was determined by the combination of the two years' working experience of the former and the former, and the defendant Sanshui company (alias and plaintiff) paid 100 thousand yuan for the compensation.

Ah Shi entered Ruyi company (alias) in September 1996 to engage in spectacle assembly.

In December 2011, Al Shi resigned from Ruyi company, Ruyi company did not pay financial compensation.

In January 1, 2012, a stone entered Sanshui company to engage in the assembly of presbyopic glasses, and signed a labor contract for 3 years.

The memorabilia of Ruyi company celebrations has recorded that in April 2008, Sanshui company was set up.

In February 12, 2014, Ruyi company cancelled its merger with Sanshui company, and all debts and debts were undertaken by Sanshui company.

In April 10, 2014, Sanshui lifted its labor relations on the ground of a violation of the company's rules and regulations and destruction of company property.

In June 4th of the same year, Sanshui company reported that the semi-finished lens was deliberately damaged, but the police did not file a case.

In July 6, 2014, the Labor Arbitration Commission ruled that Sanshui company paid 9033.2 yuan to the stone company.

However, both sides disagreed with the arbitral award and filed a lawsuit against the court.

Ah Shi believes that its work from Ruyi company to Sanshui company is arranged by the original company, and the workplace and jobs are unchanged. The two company is affiliated company.

Its resignation in 2011 was a false resignation. The Department was not assigned to work in the new unit for reasons of itself. Therefore, when calculating the working years, the working life of the new and old units should be combined. The Sanshui company's dismissal of its behavior was an illegal termination of the labor contract, so the court was asked to order the Sanshui company to pay the compensation for the illegal termination of the labor contract by 134 thousand yuan.

Sanshui company believes that the company is relieved from Ai Shi.

Because of its deliberate damage to lenses, it is reasonable and lawful.

In addition, Sanshui company relocated in April 2013, and Ruyi company is two independent legal entities, not affiliated companies.

Ah Shi resigned for personal reasons. There was no coercive situation of Ruyi company. He signed a labor contract in January 1, 2012. The length of service should be calculated from that time and should not be combined with the previous years.

During the hearing of the case, the Court adopted the application of Al Shi.

The list of social insurance contributions from Ruyi company and Sanshui company from November 2011 to February 2012 was retrieved, showing that in December 2011, among other employees of the company, 33 people were insured in Sanshui company in January 2012.

One of the witnesses testified that in November 2011, a total of 34 colleagues, including Al Shi, were asked to fill out their resignation orders and were then adjusted to work in Sanshui company.

After the trial, the court held that, in the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their claims.

Sanshui company is responsible for the violation of company rules and regulations and destruction of company property.

Ah Shi, but the evidence provided by him failed to prove that the company had committed damage to the company's property. Although the Sanshui company had called the police to deal with it, the police did not initiate a case investigation and did not produce the result.

The lens of Sanshui company was damaged and could not be identified as Ai Shi.

Therefore, the Sanshui company expelled the stone from it and lacked the facts and legal basis. It should be regarded as a labor contract for illegal dissolution and Ai Shi.

How to calculate the working life of Al Shi? Zhan Xuexia, a judge in charge of the case, said that the laborer was not assigned to the new employer unit for his own reasons. The original employer did not pay the economic compensation, and the new employer made the termination and termination of labor to the laborers. When the work time of calculating the payment of economic compensation or compensation was calculated, the laborer requested that the work life of the original employer should be counted as the working life of the new employer. The court should support it.

Zhan Xuexia explained that in the case, whether or not the Ruyi company and Sanshui company were affiliated companies, the court held that the two companies were set up separately, but the scope of operation, shareholders, main controlling shareholders and production addresses of the two companies were consistent.

In the special issue of Ruyi company's celebration, the establishment of Sanshui company was published as a memorabilia of the company.

In February 2014, after the merger of Ruyi company and Sanshui company, the two companies were affiliated companies.

In addition, 34 employees, including Al Shi, work from Ruyi company to Sanshui company. In combination with witness testimony, we can confirm that Al Shi is a unified arrangement from Ruyi company to Sanshui company.

As arishi did not receive financial compensation when he left office, he asked for a merger to calculate the number of years worked in the two companies, and the court supported it. The working life of Al Shi should be 17 years and 9 months.

In violation of the labor contract law, Sanshui company should pay two times the compensation of 100 thousand yuan to opiate in accordance with the standard of economic compensation stipulated in the law.