The change or acquisition of the company's legal representative or factory name cannot affect the labor contract, and the continuous calculation of the labor contract cannot require the company to pay economic compensation. The labor contract is calculated continuously in the new company, and the working years of the original company are indicated in the labor contract of the new company and recognized by the new company. If the labor relationship is terminated after the company is acquired, you can ask the company for compensation at this time.
Enterprises need to pay economic compensation when dismissing employees:
1. If the parties to the labor contract reach an agreement through consultation, the employer shall terminate the labor contract and pay the economic compensation according to the standard that the laborer pays one month's salary for each full year of working in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, it shall pay economic compensation of half a month's salary to the laborer;
2. If the employee is sick or injured non-work-related, and the labor contract is terminated after being confirmed by the labor appraisal committee to be unable to engage in the original work or other work arranged by the employer, the employer shall pay one month's salary for each full year according to the employee's working years in the unit;
3. If the laborer is incompetent for the job, but still incompetent after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the economic compensation equivalent to one month's salary according to the number of years he has worked in the unit.
4. The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract unable to be performed and the parties cannot reach an agreement on changing the labor contract through consultation. If the employer terminates the labor contract, the employer shall pay one month's salary for each full year according to the number of years the employee has worked in the unit;
5. If the employing unit is on the verge of bankruptcy for legal rectification or there are serious difficulties in production and operation, and it is necessary to lay off employees, the employing unit shall pay economic compensation according to the number of years the laid-off employees have worked in the unit. The standard of paying one month's salary every full year is paid to the workers.
To sum up, if the employee seriously violates the rules and regulations of the employer, the employer can notify the employee to terminate the labor contract at any time, which is also called negligent termination of the labor contract. In this case, if the employer proposes to terminate the labor contract, it may not pay economic compensation.
Legal basis:
Article 47 of People's Republic of China (PRC) Labor Contract Law
The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.