Is there any concern in dismissing the follow（共1个回复）
发表于 2009-11-26 15:06:47
Is there any concern in dismissing the following employee?
1) This person just got transferred into a subsidiary company (company B) from his original company (company A)
2) He has worked for Company A for over 10 years.
Will the employer has any obligation toward dismissing this person under company B?
1) This person just got transferred into a subsidiary company (company B) from his original company (company A)
2) He has worked for Company A for over 10 years.
Will the employer has any obligation toward dismissing this person under company B?
1 楼 回复于 2009-11-26 15:07:55引用
First, I should know what does the “transfer” exactly mean? Did he sign a new contract with company B and resign from company A? Or you just do some amendment to the original contract?
If he left company A for personal reason, his working years should not be calculated continuously; but if he transferred under the company’s arrangement, his working years should be calculated continuously.
If you just do some amendment to the original contract, his working years also should be calculated continuously.
It is very important to the compensation affairs.
Besides, you should comply with the relevant rules of Labor Contract Law (provision 39, 40, 41, 42, 43, 46, 47, 50) in this termination or revocation.
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