A group company resigned from one branch to another. Can the length of service be continuous?

According to the Supreme Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (IV), workers are arranged to work in a new employer for reasons other than their own, and the original employer does not pay economic compensation.

If a worker terminates the labor contract with a new employer in accordance with the provisions of Article 38 of the Labor Contract Law, or the new employer proposes to terminate or terminate the labor contract, the people's court shall support it when calculating the working years for paying economic compensation or compensation.

Extended data computing principle:

In the following cases, the service years of employees before and after are calculated continuously:

1. If the enterprise management organ and the enterprise administrative organ are handed over or laid off, the length of service before and after the handover and laid-off (maintaining labor relations with the enterprise) shall be continuously calculated;

2. The study period and length of service before and after the enterprise management organ and enterprise administration dispatch domestic and foreign learners should be calculated continuously;

3. Due to the shutdown or bankruptcy of the enterprise, if the employees are transferred from the enterprise management organ to the employees of other enterprises, the length of service before and after the transfer shall be continuously calculated;

4. After the transfer, reorganization and merger of the enterprise, if the original employees remain in the enterprise, the length of service before and after the transfer, reorganization and merger shall be continuously calculated;

5. If the employee stops working for medical treatment for less than 6 months due to illness or non-work-related injury, it shall be continuously calculated as the length of service of the enterprise; Workers who have returned to the original enterprise after more than 6 months of recovery, except for the period of more than 6 months, do not calculate the length of service, and the combined length of service before and after it is calculated as continuous length of service;

6. During the medical treatment period when work-related injuries or occupational diseases stop working, all of them shall be counted as continuous service;

7. length of military service, who is engaged in revolutionary work and revolutionary soldiers before being transferred to the enterprise, shall make continuous calculation of length of service;

8. Apprentices should calculate the length of time in this enterprise during their study in this enterprise. When temporary workers and probationers become regular employees, their length of service in this enterprise shall be calculated from the date of entering the enterprise for the last time.

9. The educated youth who were originally assigned to state farms and farms and the urban educated youth who jumped the queue in rural areas during the Cultural Revolution, after leaving rural areas, farms or rural areas to work in cities and towns according to the policy, the time to participate in labor on farms, farms or rural areas can be combined with the time to participate in work to calculate the continuous length of service;

10. Returned overseas Chinese workers shall calculate their continuous length of service from the date they enter the enterprise. Returned overseas Chinese workers engaged in revolutionary work abroad, who really need to be transferred back to China or persecuted to return home because of their work, can be counted as continuous service if there is reliable proof and verified by the Overseas Chinese Affairs Commission.

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