Brief of the case

    In March 2002, Li Mou entered company A to engage in fitter work, after company A invested in the establishment of company B in 2012, company B changed its name several times in the process of operation, and finally changed its name to Company C in 2021. The staff, machinery and equipment, and office space of B and C companies all use the resources of A company, and Li's workplace and work content have not changed. In 2021, Li Mou conflicted with C Company and was dismissed by C Company. Li then filed a lawsuit with the court, asking C company to pay economic compensation for illegal termination of the labor contract. However, there is a dispute between the two sides about the working years of the payment of economic compensation, Li Mou requested that the economic compensation of the labor contract be calculated according to the working years since March 2002. C company argued in the trial that B company was established on June 28, 2012, and Li Mou and B company signed the Labor Contract on August 20, 2012. Both parties agree that the term of the labor contract shall be from August 20, 2012, and Li's service period shall be calculated from August 20, 2012.

Court hearing

    The court held that the predecessor of Company C, Company B, merely changed the name of the company. Company B is a subsidiary invested by Company A. After the establishment of Company B, all the information and materials related to operation such as the office address, office equipment, machinery and equipment of Company A are used. Note that Company A and Company B are affiliated companies, Li has worked in Company A, B and C since 2002, and the workplace and work content have not changed. According to Article 5 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Labor Dispute Cases (IV), the years of working in the above units shall be combined in the calculation of economic compensation. Therefore, Lee should have been employed since March 2002.

Judge's statement

    According to the provisions of Article 46 of the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Dispute Cases (I) : If a worker is assigned from the original employer to work in the new employer for reasons other than his own and the original employer fails to pay economic compensation, if the worker rescinds the labor contract with the new employer in accordance with Article 38 of the Labor Contract Law, or if the new employer proposes to rescind or terminate the labor contract with the worker, when calculating the number of years of work to pay economic compensation or compensation, Where a laborer requests that his years of service at the original employer be combined and counted as years of service at the new employer, the people's court shall support it. If an employer meets one of the following circumstances, it shall be identified as "the worker is arranged to work in the new employer from the original employer for no reason other than his own" : (1) The worker is still working in the original workplace or post, and the subject of the labor contract is changed from the original employer to the new employer; (2) The employing unit transfers workers to work in the form of organizational assignment or appointment; (3) The employee's job transfer is caused by the merger or division of the employing unit; (4) The employing unit and its affiliated enterprises conclude labor contracts with the workers in turn; (5) Other reasonable circumstances. In this case, at the beginning of the establishment of Company B and Company A in the same workplace, Company B's personnel, machinery and equipment, office space, etc. are all used by Company A, which fully conforms to the "workers are arranged from the original employer to work in the new employer for no reason of their own." Where a laborer requests that his years of service at the original employer be combined and counted as years of service at the new employer, the people's court shall support it.

    This article is transferred from the "Shandong High court" wechat public number, here to express our thanks.