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

The old employee asked the company.

"After being assigned to a new company registered at the same address, and then fired, how did the employee work? How many employees worked? How many years have they been counted? Recently, a people's court heard a special labor dispute case, and the age of the plaintiff in the first instance was determined by the merger of the two companies. 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 merged with Sanshui company.

All debts and debts are 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 is

The Department is 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 is illegal to terminate the labor contract, so the court is required to order the Sanshui company to pay the compensation for the illegal rescission of the labor contract by 134 thousand yuan.

Sanshui company believes that the company's dissolution of the labor contract with Al Shi is due to its deliberate damage to the lens, which 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.

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 expelled Alice from the company's violation of the company's rules and regulations and sabotage of its property. However, 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.

Accordingly, the court made the decision.