The Unit Change Name Shall Not Be Relieved From The Obligation To Pay Compensation Before.

Lee was hired by a machinery factory in Gaotang County in December 31, 1994, and was engaged in processing.

In August 18, 1995, the two sides signed an unfixed term labor contract.

In December 2005, the machinery factory was restructured and changed to a machinery company. Li still worked in the original place and work place.

In June 15, 2016, Li put forward a written labor contract on the ground that the unit paid the labor remuneration in full and in time.

In July 15th, Liu resigned and proposed the payment of economic compensation.

The machinery company only agreed to pay the economic compensation after January 2006. As for the previous economic compensation, the name of the unit and the legal representative have been changed when the system is changed, and the present unit has no obligation to refuse to accept it.

Li went to the local people's department for consultation.

Staff reply: Supreme People's Court on trial

The interpretation of a number of issues concerning the application of law (four) "the first paragraph of article fifth" stipulates 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. The worker has released the labor contract with the new employer in accordance with the thirty-eighth provision of the labor contract law, or the new employer has proposed to terminate or terminate the labor contract to the laborer. When calculating the working life of the economic compensation or compensation payment, the laborer requests to consolidate the working life of the original employer in the new unit.

The people's court shall support the working life.

Where the laborers are still working in the original work place and work place, and the main body of the labor contract is changed from the original employing unit to the new employing unit, it shall be deemed that "the laborer is not assigned to the new employer unit for the reason of his own reason".

In view of Li's actual situation, the economic compensation for the machinery plant before restructuring should also be undertaken by the machinery company.

After consultation and interpretation by the staff, the machinery company paid for Lee's pre reform system.

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Xiao Zhang worked in the former unit as a salesperson for 5 years and then switched to the present unit. The work has not yet been completed for 1 years.

Recently, Xiao Zhang saw that a colleague who had been in the office for more than 1 years had used the opportunity of 5 days of paid annual leave to travel. He was puzzled: I wonder if I can enjoy the annual leave with pay.

Comment and analysis: the second provision of the annual regulations on paid annual leave for employees stipulates that employees of organs, groups, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units who work continuously for more than 1 years shall be entitled to paid annual leave.

The third stipulations: the workers' cumulative work has been full for 1 years and 10 years, 5 days of annual vacation, 10 years of less than 20 years, 10 days of annual vacation, 20 years, and 15 days of annual vacation.

The third provision for the implementation of paid annual leave for employees is: the workers who have worked continuously for more than 12 months are entitled to paid annual leave.

The fourth rule: the number of days off is determined according to the cumulative working hours of employees.

Workers shall be regarded as accumulative working hours in the same or different employing units and in accordance with laws, administrative regulations or State Council regulations.

That is to say, workers who work continuously for 12 months to enjoy paid annual leave are not limited to the same employer. If they have worked continuously for 12 months, they will be entitled to paid annual leave. Employees will no longer have to meet the conditions of 1 consecutive years of work in the new employing unit.

Therefore, Xiao Zhang can enjoy paid annual leave.