Conversion Contract Signing Unit Length Of Service Is Reduced

The court of labor dispute of Haidian District court made a collation of the "trick" that the employer tried to reduce or clear the seniority of the laborers in the process of trial.

By changing labor contracts.

To avoid

Continuous calculation of service age is a common tactic of employers.

Here, I would like to remind you that in the face of this situation, the focus of proof needs to be laid on proving that the place of work and the job position have never changed.

From December 2004 to December 2010, 5 fixed-term labor contracts were signed with a home company.

Among them, the last labor contract in December 2008 was part of the work content agreement: "Party A (company) engaged party B (a) as the company's subsidiaries home supermarket Donghe shop damage prevention team leader."

In December 2010, on the second day after the expiration of the labor contract, the company did not deal with any labor relations between the two sides and did not pay any economic compensation to the company. The supermarket company immediately signed a two-year labor contract from December 2010 to December 2012. The work part agreed that "Party A (supermarket company) should appoint Party B (a) as the leader of the damage prevention team" and the work place is still in Donghe store.

He worked in Donghe shop until August 2012.

In August 29, 2012, because the supermarket company lowered its salary in a certain position, it sent a notice to the supermarket company and the home company to terminate the labor contract at the same time, and asked the supermarket company to pay the economic compensation from 2004 to 2012.

Supermarket companies believe that a company has only signed a two-year labor contract with the company, so they do not agree to pay a compensation in accordance with the standard of 8 years.

Interpretation of the judge: Interpretation of the Supreme People's Court on Several Issues concerning the application of the law in labor dispute cases (four): the fifth provision provides that the laborer is not assigned to the new employer unit for his own reasons, and the original employer has not paid the economic compensation. If the worker terminates the labor contract with the new employer in accordance with the thirty-eighth provision of the labor contract law, when the economic compensation is calculated, the people's court shall support the worker's request to combine the working life of the original employer with the working life of the new employer.

In this case, when a unit was changed from a home company to a supermarket company, it was always a team leader in a job and there was no change in the place of work.

Therefore, when a case is in compliance with the above legal requirements, and if the home company fails to pay an economic compensation, the working life of a company in the home company shall be counted as the working life of the supermarket company.

The court ordered the supermarket company to pay an economic compensation in accordance with the standard of 8 years of service.