The Resignation Staff Was Revoked By The Administrative Sanction Of The Unit And Obtained Legal Support.

The last labor contract signed by the two sides in 2011 was from 2014 to 2019.

In 2014, Zhang submitted his resignation and there was a dispute between the two sides.

After labor arbitration, the Arbitration Commission decided that the two sides would terminate the labor contract in November 2014.

In June 2015, a unit made a decision on giving Comrade Zhang an administrative warning.

The decision made it clear that Zhang did not perform financial reimbursement procedures in the long term of 2014, which had adverse effects on the normal financial work of the unit, and he had absenteeism for 9 days in 2014 years.

According to the unit management method, give Zhang an administrative warning.

Zhang refused to accept the case and asked to be revoked to the local court.

The court decided to cancel the sanction.

Comment and analysis: Zhang joined the armour unit in 2011, and the two sides established labor relations.

Zhang submitted his resignation and confirmed that the two sides had lifted their labour relations in November 2014.

In June 2015, a single decision was made on the grounds of Zhang's negligence, absenteeism and other violations of the company's rules and regulations, and the decision time of the punishment was not appropriate after the two sides terminated the labor relationship.

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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 make Lee a two company.

Calculate the economic compensation in the company's working life.

The thirty-third provision of the labor contract law stipulates:

The change of name, legal representative, principal person in charge or investor 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."

On the basis of the above provisions, whether there are changes in the names of the three companies, the legal representatives, or the merger and reorganization of the units, there is succession, continuity and relevance among the three companies.

The tenth provision of the regulations on the implementation of the labor contract law stipulates: "the laborers are not assigned to the new employer units for their own reasons because of their own reasons.

The original employer has paid economic compensation to laborers.

When the period of work for calculating the payment of economic compensation is terminated according to the law, the working life of labourers in the original employer shall no longer be counted. "

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.