Disputes Between Affiliated Companies And Employment Disputes

After signing up a company, the two sides signed a 3 year labor contract. A company is the controlling shareholder of B company. The legal representatives, managers and supervisors of the two companies are the same. During the period, Xia Mou was assigned to work in the company B, and at the same time accepted the management of the company a and B, and his direct superior Zhang also served as deputy general manager of a company and B company. A and B companies pay monthly wages to sham in turn and pay social insurance in turn. After the expiration of the labor contract, Xia did not renew the labor contract with a or B two company. Later, due to the company's arrears of wages, Xia took the two companies of the company a and B to the court and asked the two companies to jointly pay the economic compensation and the arrears of wages for the rescission of the labor contract.

According to the court's trial, the two companies of class A and B have the employment management behavior of Xia Mou; the controlling shareholder of a company is the controlling shareholder of the company B, and there is a clear correlation between the two companies; two, the company's legal representative is the same person, and the other senior managers also have a high degree of coincidence. Therefore, it is recognized that a and B companies have mixed employment with Xia, and a and B companies should bear joint and several liabilities for their obligations. Finally, the court decided that a company should pay the wages owed to Xia Mou and the economy of the labor contract. Compensation B company shall bear joint and several liability for this.

This case is caused by mixing employment among related companies. At present, a consensus has been reached on the judicial practice of the mixed employment of enterprises. For the interrelated rotation of the employing units, if a labor contract has been concluded, the labor relationship should be confirmed according to the labor contract. Labor contract The employer can be listed as the party concerned, and the employer shall pay wages, pay social insurance, work place and work content as the factors that determine the existence of labor relations. Correlation If the employing units cross alternately use the labourers and their work contents overlap and overlap, the workers' request for payment can be held by one employer unit according to the opinions of the laborers, or jointly and severally liable by many household units.

The legal relationship between the affiliated companies is complicated. It is necessary to not only clarify the relationship between the laborers and the employing units, but also identify the relationship between the affiliated units.