The Company Repeatedly Changed Its Working Age And Was Forced To Shrink.

In September 2009, Li became a warehouse keeper.

In June 2012, a company changed its name and legal representative to become a company B, and Li became employee of B company immediately.

In August 2014, due to the need to expand the scale of operation, the second company merged and reorganized with another local business company. It changed the company name again and set up the company.

In November 2015, Li didn't pay the social insurance premium for the company, and proposed to terminate the labor contract with the company, and asked the company to pay the economic compensation.

When Li has calculated the economic compensation with the financial department of C company, he found that his working life was seriously shrinking, and he found the company's head to discuss it, and asked the company to count the number of years of its work in a and B two company in the company's work age.

The company believes that the working life of Lee in the two companies is not related to the company C, and its working life should be calculated from the date of the establishment of the company.

Li refused to accept the case, and he took the company to the local labor and personnel dispute arbitration committee, and asked the company to calculate its working life in the three companies of a, B and C to pay the economic compensation.

Under the mediation of the Arbitration Commission, the company agrees to calculate the economic compensation for the company's working time in the company's two and a company.

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"Article thirty-third provides that" the name, legal representative, principal person or investor of the employer shall not affect the performance of the labor contract. "

The thirty-fourth rule: "if the employer is merged or divided, the original labor contract shall continue to be effective, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations."

In accordance with the above provisions, the names of the three companies, a, B and C,

After the change or the merger and reorganization of the unit, Li's labor relations have succession, continuity and relevance between the three companies.

The tenth provision of the regulations on the implementation of the labor contract law stipulates: "laborers are not for their own reasons.

Those who are assigned to work in the new employer shall be merged into the working life of the new employer.

If the original employer has paid the economic compensation to the laborer, the new employer will no longer calculate the working life of the laborer in the original employing unit when he calculates and pays the economic compensation period in accordance with the law.

According to this clause, whether Lee's working life in a and B two companies can be regarded as the continuous working life of the company, the prerequisite is to see whether the situation of Li is in accordance with the legal provisions of "not being worked for the new employer" because of his own reasons. At the same time, it is also necessary to see whether Lee has received financial compensation from the two companies in the process of entering the company B and C two, otherwise the company should calculate its continuous working life.