The change of the employer's name in the labor contract does not affect the validity of the contract, and can be changed through consultation between both parties.
The premise that a labor contract can be changed is that the intentions of both parties are true, and the contract signed without violating the mandatory provisions of the law is valid. Alteration or modification of an effective contract requires confirmation by both parties. The obvious change of the contract is the change of the contract that has come into effect, and it also needs the confirmation of both parties. For example, if the unit seals the place where the contract is changed, it needs the confirmation of the other party to the contract, that is, the laborer, and the changed part is legally binding on both parties to the contract.
Article 33 of the Labor Contract Law: Change of the name and legal representative of the employing unit, etc. Changes in the name, legal representative, principal responsible person or investor of the employing unit shall not affect the performance of the labor contract.
Through the arrangement of small series, we can know that the change of the name of the employer in the labor contract does not affect the validity of the contract, and it can be modified through consultation between both parties. The above is the relevant content of this legal knowledge compiled by Hua Law. Com, I hope I can help you. I believe you have found the relevant answer from the above. If you have other questions or the situation is complicated, China Travel Service. Com also provides lawyer online consultation service, and you are welcome to have legal consultation.
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Cite the law
[1] Article 33 of People's Republic of China (PRC) Labor Contract Law
[2] Article 36 of People's Republic of China (PRC) Labor Contract Law.
Reference can be made to the Civil Code.
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Hello! Is there any financial compensation for the company's name change? Is it beneficial or unfavorable for workers to change the labor contract?
[Lawyer's reply] Is it beneficial not to change? -The company needs to pay one month's economic compensation every year: 1, and the company fails to pay social security, pay wages, violate laws and regulations, or reduce salary and transfer posts. The employee unilaterally terminates the contract. 2. When the contract expires, the original treatment will be maintained and the company is unwilling to renew it; 3. The employee is not qualified for the original job due to work-related injuries or other circumstances, and is still not qualified for the original job after being transferred. 4. Both parties have dissolved through consultation. If the company is illegally dismissed, it needs to pay compensation for one year and two months. Whether it is the calculation method of salary or the change of work place, it is actually a change of labor contract. The change of the labor contract must be agreed by both parties. If the company changes unilaterally, the employee can refuse.
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There was a labor dispute with the company, and now the legal person and name have changed.
[Lawyer's reply] Changing the legal person and company name does not affect your prosecution. You can submit the historical change information of the enterprise to the labor arbitration commission or the court.
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Can the original employee terminate the labor contract when the company changes its name and legal person?
[Lawyer's reply] Hello, regarding the labor contract dispute you consulted, if there is a labor dispute with the unit, you should negotiate with the unit first. In the process of negotiation, collect relevant evidence, such as evidence to prove labor relations, evidence to prove wage level, etc., and complain to the labor inspection brigade or directly apply for labor arbitration.
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Hello! Is there any financial compensation for the company's name change? Is it beneficial or unfavorable for workers to change the labor contract?
[Lawyer's reply] Is it beneficial not to change? -The company needs to pay one month's economic compensation every year: 1, and the company fails to pay social security, pay wages, violate laws and regulations, or reduce salary and transfer posts. The employee unilaterally terminates the contract. 2. When the contract expires, the original treatment will be maintained and the company is unwilling to renew it; 3. The employee is not qualified for the original job due to work-related injuries or other circumstances, and is still not qualified for the original job after being transferred. 4. Both parties have dissolved through consultation. If the company is illegally dismissed, it needs to pay compensation for one year and two months. Whether it is the calculation method of salary or the change of work place, it is actually a change of labor contract. The change of the labor contract must be agreed by both parties. If the company changes unilaterally, the employee can refuse.
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There was a labor dispute with the company, and now the legal person and name have changed.
[Lawyer's reply] Changing the legal person and company name does not affect your prosecution. You can submit the historical change information of the enterprise to the labor arbitration commission or the court.
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How to change the company name, address and trademark?
[Lawyer's reply] Hello, I suggest going directly to the Industrial and Commercial Bureau for detailed consultation.
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