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Changing Investors Will Not Affect The Signing Of Contracts Between Employees And Units.

2016/1/19 22:19:00 30

ChangeInvestorSign The Contract

He Xingfu, an employee of an enterprise in Ziyang, said that his company had changed the investor shortly before, but the labor contract signed between them and the company did not change.

Excuse me, the company has changed.

Investor

Workers need to be relieved or changed.

Labor contract

Do you?

In response to He Xingfu's problem, Li Nan, a lawyer on duty in Sichuan Chengdu migrant worker's legal aid workstation, answered: "in the context of market economy, it is common for companies to change their investors.

For laborers, this is only a change in the company's shareholders. The two parties who establish labor relations are still companies and workers.

But many workers worry that if the new boss is unhappy, they will be fired or their work will be worse.

In this regard, Li believes that such concern as a company worker is unnecessary.

The investor and the company are independent, and the two cannot be equated.

It is the employing unit that signs labor contracts with workers.

organization

Instead of employing employers.

Therefore, the change of employer's investor is not equal to the change of employer.

The labor contract is a contract signed between the laborer and the employing unit. The status of the employer as the main body of the labor contract has not changed, and the legal effect of the labor contract will not change.

Therefore, after the employer changed the investor (including the replacement of shareholders, the increase of shareholders and the reduction of shareholders), although the investor changed, the employer still existed in the establishment of labor relations and the signing of labor contracts with the laborers.

After the change, the employer should continue to perform the labor contract signed with the laborer, and the non legal procedure should not be changed or released.


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