Total score companies are a common form of business. Enterprises from the overall development strategy, will set up branch offices in a region, will also be based on some factors to cancel the established branch. Once the branch is dissolved, it must involve the interests of workers. However, the current regulations and regulations do not explicitly stipulate how to operate the labor contract when the company is dissolved, and there are various differences in the termination of the specific operation labor contract. The following small series on this issue for everyone to explain in detail
1 when the general meeting resolves to dissolve the company, when does the labor contract terminate?
The termination of the labor contract should be understood in accordance with the relevant provisions of the company law and the labor contract law. In dealing with this kind of problems, we should pay attention to the connection and connection between the laws. In accordance with the provisions of the tenth chapter of the company law on dissolution and liquidation of the company law, the company decided to dissolve the company, and the liquidation work shall be carried out. After the liquidation, the company may apply for cancellation of the company registration and the announcement of the termination of the company. In the period of liquidation, the company has not yet cancelled its registration, and its principal qualification still exists. The company decides to dissolve is a cause of the termination of the company is to terminate the labor contract, but the company dissolution is a process in the company prior to the cancellation of registration, the company also launched a series of activities, still need to retain a part of workers. Therefore, the company decides to dissolve, if in the company before the cancellation of registration, the company and the labor for the termination of labor contracts, labor contract shall terminate when completing the formalities; not for the termination of the labor contract procedures, the termination of labor contract since the cancellation of registration.
2, when the workers belonging to the "labor contract law" the provisions of article forty-second because of work disability, is on the period of medical treatment, prevalence of female workers in the three period when workers on termination of dissent or require additional compensation, should be how to deal with?
According to the "labor contract law" article forty-second, 45 provisions of the spirit, special circumstances legal provisions of the laborer, the labor contract period may be extended, in order to fully protect the rights and interests of workers in special period, therefore, the dissolution in company decision, with workers at a special period of special care. Generally speaking, the labor contract of the above-mentioned worker shall be extended until the relevant circumstances disappear. When these conditions disappear, the company can apply for cancellation of registration. Of course, the company can negotiate with the workers and terminate the labor contracts with the workers in advance after the company pays the additional compensation to the workers.
3, the "labor dispute arbitration handling rules" provisions of article eighth of the dispute: the employer has its business license revoked, revoked and ordered to shut down, the employer decides to dissolve ahead of schedule, out of business, can not bear the relevant responsibility, according to the law of its investors, opened the unit or the competent authorities as a joint party. Who is responsible for the relevant responsibility? With what criteria? Whether the additional party is the right of the applicant or decided by the arbitration commission?
In accordance with the provisions of the company law, the branch does not have the legal person status, and its civil liability is borne by the company. Under these circumstances, the company and the branch can be listed as the co defendant, but the final decision shall be made by the company to bear the corresponding civil liability.
4, the company law stipulates that: when the company needs to dissolve the company because of the merger or division, the company is dissolved. The forty-fourth article of the labor contract law stipulates that: if the employer decides to dissolve it earlier, the labor contract shall be terminated. However, the thirty-fourth law of the labor contract stipulates that the original labor contract shall continue to be effective when the employing unit is merged or separated, and the labor contract shall be continued by the employing unit that inherits its rights and obligations. If a company decides to split up into two companies, can a company terminate the labor contract in accordance with the law? Or must the company continue to perform the original contract after the separation?
The above laws and regulations do not conflict with the company merger or division, the original company no longer exists, and its legal personality is eliminated. Therefore, as one party of the labor contract does not exist, the labor relationship between the worker and the original company can not exist any more, and the labor relationship will cease naturally. There is no doubt about it. However, the provisions of the company law, merger or division of the company, by the company after the merger or division of rights and obligations under the original company, therefore, after the merger or division of the company shall sign a labor contract with the original workers, so as to protect the legitimate rights and interests of workers, is also in line with the provisions of the company law. In this sense, the original labor contract of the worker is still valid, and the labor contract is performed by the employing unit that inherits its rights and obligations. The above-mentioned provisions of the labor contract law have achieved a positive connection with the company law. Also avoid the company through merger and separation to achieve the purpose of lifting labor relations with workers, and protect the legitimate rights and interests of workers.
5, when the company dissolution, the termination of labor contracts, which procedures and procedures should be fulfilled?
In general, when the dissolution of the company, the termination of the labor contract shall perform the following procedures: establish a liquidation organization, signed a contract to terminate the labor relationship with the workers, pay their employees owed wages, overtime pay, economic compensation and other benefits. In the case of bankruptcy, such as insolvency of the company, the situation is even more complicated, and the relevant procedures should be handled in accordance with the relevant provisions of the company law and the bankruptcy law.