Xu signed an unfixed term labor contract with A company in December 25, 2007 to work on equipment maintenance. A was cancelled in February 27, 2008 due to merger and absorption by B company. B company committed itself to undertake all debts and debts. Since then Xu continued to work in the original position, B company monthly salary to Xu. In January 30, 2013, Xu applied for arbitration to the local labor and personnel dispute arbitration committee, and signed a non fixed term labor contract with B company. B paid double wages from 80 thousand yuan from February 2012 to the date of signing the labor contract. After the ruling of the Arbitration Commission, Xu refused to accept the case and prosecuted it to the court.

The court held that the original labor contract continued to be effective when the employer was merged or divided, and the labor contract continued to be performed by the employer who inherited his rights and obligations. After the cancellation of A company, Xu continued to work in the original position. B company paid wages to Xu on a monthly basis. It should be regarded as the succession of B company's rights and obligations to A company. The unfixed term labor contract signed by Xu and A company will continue to be effective. It should continue to be fulfilled by B company. There is no need to re sign it. Therefore, Xu asked to sign a non fixed term labor contract with B company, and asked for payment of labor contract. double time There is no legal basis.

The case dispute The focus is on whether the merged company should sign a new written labor contract with the employees of the merged company.

The merger of employers generally refers to two situations: one refers to the joint establishment of a new legal person or other organization by the employer and other legal persons or organizations to undertake the rights and obligations of the merged employer; and the other case refers to the transfer of the rights and obligations of one employer to another legal person or other organization after the employer has been revoked. In these two cases, the original employer will no longer exist after the merger. In order to protect the original employer Worker The legitimate rights and interests of the merged legal person or other organization as a new employer shall inherit all rights and obligations of the original employer, including the rights and obligations of the original employing unit to its laborers. Therefore, according to the provisions of this article, after the employer has concluded a labor contract, the original labor contract shall continue to be effective, and the new employer shall continue to perform the labor contract after the merger.

In order to prevent some employers from evading the legal liabilities under the pretext of merging and splitting debts, the forty-fourth articles and second paragraphs of the general principles of the civil law stipulate that "the separation and merger of corporate juridical persons shall enjoy the rights and obligations of the changed legal person." This stipulation is to protect the legal rights and interests of the third party as far as possible when the legal person or other organizations merge or split up. The provisions of the labor contract law on the merger and division of employers are the concrete embodiment of the above-mentioned legislative spirit in the field of labor law, that is, to protect the legitimate rights and interests of workers as far as possible.