1. What impact does the merger have on employees?
Where the employing unit is merged or divided, the original labor contract shall remain valid, and the labor contract shall continue to be performed by the employing unit that inherits its rights and obligations.
The common practice of company merger and acquisition to resettle employees is to take over all employees of the target company. Private enterprise employees are less dependent on enterprises, so in the acquisition of private enterprises, the problem of employee placement is not big. For the acquisition of enterprises with the background of state-owned enterprises, we need to be particularly cautious. Because the employees of these enterprises have an inexplicable dependence on the enterprise and the country, they almost put their own survival, honor and disgrace on the enterprise, and have high requirements for the enterprise, and all the "hardware" (pension, medical care, unemployment, housing, work injury) must be bought. Moreover, many private enterprises did not even buy "three golds", and "hardware" was a luxury. Employees with state-owned enterprise background must be carefully placed once their own interests are damaged. There are several main principles:
1. In principle, all employees are accepted, the original salary and welfare benefits remain unchanged, and the transition period is generally controlled within two months (or longer) to ensure the smooth acquisition;
2. After the transition period, all the remaining employees compete for posts and re-sign written labor contracts;
3. If a written labor contract was not signed before the implementation of the Labor Contract Law on June 5438+1 October12008, and after the implementation of the Law to the acquisition base date, the target company is required to sign a written labor contract to avoid the problems in Double Indemnity;
4. In principle, the acquirer will not fire any employees voluntarily to avoid possible economic compensation;
5. Special employees, such as "Phase III" female employees, employees injured or killed at work, should be treated specially to ensure the stability of the enterprise and the smooth acquisition.
Second, can the company be compensated for the merger with other companies?
When the company is merged, the labor contract will continue to be performed, and employees will not be compensated if they terminate the contract.
According to Article 34 of the Labor Contract Law, if an employer is merged or divided, the original labor contract will remain valid, and the employer who inherits its rights and obligations will continue to perform it. For this reason, there is no compensation for workers who do not go to work, let alone no compensation.
To sum up, employee placement is the top priority of company mergers and acquisitions, which is not only related to the personal interests of employees, but also related to the smooth handover and social stability of the target company. Therefore, the acquirer must do a good job in employee placement, otherwise it will be a very unfavorable factor for the subsequent company's work.