One Month After Entering The Company, The Company Was Annexed.

Only one month after work, the company was annexed by another company. When the trial period expired in half a year, the employees were dismissed by the company.

Recently, Mr. Han, who is rather unprofessional, asked for help from this newspaper, hoping to know if these practices are correct.

According to Mr. Han, more than six months ago, he saw a notice on the Internet. A company recruited engineers with a salary of more than 10000 yuan.

He went to apply for a job with his resume, and was accepted by the company after the first and second examination.

On the first day of work, the company signed a three year labor contract with him and set up a probationary period for half a year.

The person in charge of the company told him that the wage during the probation period would be twenty percent off, and then the agreed salary would be given to him at the end of the probation period.

He signed the labor contract at once.

He wanted to make a good impression in the new company, so he not only worked hard, but also got along well with his colleagues.

Who knows, just a month after his entry, the company opened a general meeting to inform the company that it had been annexed by another company.

Although he had just heard the news, he and his colleagues felt a bit abrupt.

Fortunately, the company has repeatedly said that everything is the same, and the labor contract is being carried out by the new company.

The new company has a lot of business, so they are busier.

Adding points is more common.

However, a few days ago, after his trial expiry, he was called to the personnel department to talk. The personnel manager said that the company's business needs to be adjusted and some people to be reduced.

The personnel manager also told him that he could pack up his things and leave the house on that day, and the monthly wages would be sent to his bank card.

He found the Department Manager, and the manager revealed that the reason for his dismissal was mainly because he did not take the initiative to work overtime.

He remembered that several times he did not stay to work overtime.

But his work has been completed. Why do we have to stay in the office and do it?

Yin Weiyao, lawyer of Shanghai sunshine excellence law firm, questioned the practice of the company. First, the reason for the company to terminate the labor contract is legal.

According to the regulations on the implementation of the labor contract law, if the objective situation on which the labor contract is concluded, there will be significant changes, resulting in the failure of the labor contract to be fulfilled.

Failure to reach an agreement with the laborers on changing the contents of the labor contract; the employing unit shall be reformed in accordance with the provisions of the enterprise bankruptcy law; serious difficulties arise in the production and operation of the employing unit; and the adjustment of the enterprise's pfer of production, major technological innovation or adjustment of the way of operation is still necessary after the change of labor is identical.

And so on, the employer can dissolve the labor contract with the laborer.

However, these situations are not spoken by the personnel manager, but must be "true". That is to say, only when the situation is stipulated by law, can the unit terminate the labor contract with the employees.

The reason why "no overtime work is to be dismissed" is absurd and illegal.

Secondly, the legal rescission of the contract requires payment of compensation and payment of compensation for illegal termination.

If the company does have a statutory lifting situation, it needs to pay the employees economic compensation, and the economic compensation shall be paid to the laborers according to the standard of one month's wages every year according to the number of years worked by the workers in their units.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

If the employing unit violates the law to terminate or terminate the labor contract, it shall pay the laborer compensation in accordance with the two standard of the economic compensation standard stipulated in the forty-seventh article of the labor contract law.

Finally, the company shall issue a written standard return certificate.

The regulations on the implementation of the labor contract law are clear, and the proof of the termination or termination of labor contracts issued by the employer shall specify the term of the labor contract, the date, the post and the working life of the labor contract for the termination or termination of the labor contract.

Mr. Yin believes that Mr. Han is not wrong. He can not accept the lifting of the company. If the unit insists on lifting it, he can try to find a legal way to claim it.