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Does the company need to compensate employees for changing its legal representative

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Does the company need to compensate employees for changing its legal representative


        

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  • 2024-06-18 22:00:04

    1. If the legal representative is replaced, the original labor contract is still valid. If it is not necessary to dissolve or terminate the labor contract, the employer does not need to pay economic compensation to the worker.

    2. Therefore, the change (separation or merger) of the enterprise legal person does not mean that the labor contract concluded with the employee is terminated at the same time after the employee and the enterprise establish the labor contract relationship; After the change of an enterprise legal person, the rights and obligations stipulated in the labor contract between the original legal person and the employee shall be assumed by the new legal person who inherits its rights and obligations.

    3. Article 33 of the Labor Contract Law stipulates that the change of the name, legal representative, main responsible person or investor of the employer shall not affect the performance of the labor contract.

    If the original company is merged by the new company, it is a merger between legal persons. The new company has become the successor of the rights and obligations of the original company. It is fully obligated to settle the employees of the original company and bear the obligations specified in the original labor contract. The new company will negotiate with employees to change the original labor contract. If no agreement can be reached through consultation, the new company may terminate the labor contract according to the provisions of the Labor Law that "the objective conditions on which the labor contract was concluded have changed significantly, making the original labor contract impossible to perform, and if the parties cannot reach an agreement on the modification of the labor contract through consultation, the employer may terminate the labor contract, but shall notify the worker in writing 30 days in advance", Terminate the labor contract with the employee.

    To sum up, have your questions been answered!

    Legal basis

    Article 33 of the Labor Contract Law of the People's Republic of China, the change of the name, legal representative, main responsible person or investor of the employer shall not affect the performance of the labor contract.

    Sea***

    2024-06-18 22:00:04

  • company law Relevant knowledge

  • law

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