Spark Trader Limited reports:
A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The signing of labor contract needs to be based on the consensus of both parties. However, in the real workplace, some enterprises will change the subject of the labor contract. Then, can workers refuse to sign the contract after the subject is changed? Today I’ll share some knowledge about the change of the subject of the labor contract.
The company can change the contract subject without signing
If the subject of the labor contract changes, the employee has the right to refuse to sign the contract. According to Article 35 of the labor contract law of the people’s Republic of China, the employer shall not unilaterally change the labor contract. The premise of “changeable labor contract” is that the employer and the employee agree to change through consultation.
However, in the real workplace, we need to treat the company’s behavior of changing the subject of the contract in two ways, as follows:
1. If the company’s subject is changed, such as name change, legal representative change, division, merger, etc., the original labor contract will continue to be valid without re signing the labor contract. Because the labor contract law stipulates that “the change of the employer’s name, legal representative, main person in charge or investor or merger or division will not affect the performance of the labor contract.” for example, it was previously called “Shanghai XX material recycling Co., Ltd.” later, with the continuous expansion of recycling business, the company’s name was changed to “Shanghai XX material renewable resources Co., Ltd.” in this case, whether the employees sign the changed labor contract is of little significance.
2. If the company belongs to a group company, it is required to transfer your labor relationship from company a to related company B. you should judge what the purpose of the company is. Generally, there are two possibilities: (1) The company is worried that your length of service is too long. It hopes to reduce your length of service by changing the subject and re signing the contract. Because the calculation of length of service affects pension funds, annual leave, open-ended labor contracts and other issues, many units in the workplace adopt the method of changing the subject of labor contract and re signing labor contracts in order to prevent employees from increasing their length of service, in an attempt to evade the law System and reduce employee benefits; (2) Because company a is not operating due to cancellation or other circumstances, it is not a unilateral malicious change of the company to transfer you. First, in both cases, you can ask the company to issue a statement, write down the renewal of the labor contract, agree on the cumulative calculation of length of service, promise that the new company will continue to bear relevant responsibilities and obligations, and then cooperate with the company to re sign the labor contract Same. However, if the company’s purpose is impure and refuses to issue relevant instructions, you may not sign and apply for arbitration.
If the employee refuses to sign, is the original contract still valid?
Of course, it is effective, because the company has only changed the main part of the labor contract, and the workplace, scope of work and working years negotiated between employees and the company have corresponding laws. Therefore, we don’t have to worry that our legitimate rights and interests will be infringed because our labor contract is inconsistent with the existing main body of the company.
What if an employee refuses to agree and is dismissed?
Many enterprises use violent means to dismiss employees when they refuse to sign the labor contract of subject change. In view of this situation, if employees are forcibly dismissed without making mistakes, they can ask the enterprise to give corresponding resignation compensation. If both parties fail to agree on resignation compensation and the company does not have a written dismissal letter, employees can continue to go to and from work on time 。
article links：Can the change of labor contract subject be refused?
Reprint indicated source：Spark Trader Limited information