1. What should I do if the company entity that signed the labor contract changes?
The first way is for employees to resign and then sign new labor contracts with third-party enterprises. The third-party enterprise must clearly stipulate in the offer sent to employees that the offer can only take effect if the employees resign from the original enterprise. The advantage of this is that the original enterprise does not need to pay economic compensation for this, while the third-party enterprise will give its employees higher treatment in order to obtain their consent.
The second way is that the enterprise and employees negotiate to terminate the labor contract. For this reason, the enterprise can sign an agreement, stipulating that the third-party enterprise will bear the economic compensation paid to the employees.
The third way is the transfer through negotiation among three parties, which stipulates that the third-party enterprise will inherit the rights and obligations of the original enterprise under the labor contract, but the third-party enterprise can negotiate with the employees to change. This method should stipulate that the length of service of employees should continue to be calculated, and the rights under the original contract should be guaranteed. In this way, enterprises do not need to pay economic compensation immediately, and the legitimate rights and interests of employees will not be harmed.
Second, how to fill in the employee labor contract?
The labor contract is generally provided by the employer at the time of employment, and the employee only needs to fill in the above contents truthfully. The following are matters needing attention when filling in the labor contract:
1. Party A is the employing unit, indicating the name of the unit, legal representative, residence and contact telephone number (it must be the fixed telephone number of the unit), etc. The name of the unit is exactly the same as the name stamped.
2. The information that Party B is a worker must be completely filled in.
3. The contract term and probation period must be filled in completely in accordance with the provisions of Article 19 of the Labor Contract Law. That is, if the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.
4. clearly fill in the specific job position in the third vacancy in the workplace.
5. Fill in the blanks and the first article in work practice and rest and vacation clearly.
6. The wage amount of labor remuneration should be filled in according to the actual situation. The salary during the probation period shall not be lower than the local minimum living standard.
7. If there are other benefits or agreements, please fill them clearly in Article 18 of the social insurance benefits. If it's not crossed out with a diagonal line.
8. If there are other stipulations on the liability clauses of illegal contracts, please fill them in the blank of Article 45 or cross them out with diagonal lines.
9. Stamp the official seal of the company at the signature stamp of Party A below (only the official seal of the company or the official seal of the human resources department is invalid), and the employee shall sign and fill in the date of signature.
10. All contracts must be filled in black ink, and originals or copies can be submitted (otherwise, the official seal of the company will be invalid).
1 1. The contracting unit must be a regular unit registered in the Industrial and Commercial Bureau. Internet cafes, small shops, restaurants, small supermarkets and other units are invalid. The seal must be the official seal of the unit or the official seal of the human resources department, and other official seals are invalid.
When the company that signed the labor contract changes the subject, it can negotiate with the employees to sign the labor contract again. When re-signing a labor contract, it is necessary to read clearly the name of the employer, the telephone number of the legal representative, the basic personal information of the employee, working hours, working place, work content, wages and remuneration, the right to rest and vacation, and the liability for breach of contract.