一就贵司拟进行吸收合并,员工的劳动关系如何处理.pdfVIP

AAAAA (China) Beverage Co., Ltd. To whom it may concern Lawyer CCCCC Lawyer DDDDD Shanghai BBBBB Law Firm RE: Opinions from the Preliminary Investigation of the Treatment of Human Resource Problems Involved in Company Merging With respect to your company’s inquiry of issues concerning the treatment of the human resource problems involved in company merging, after our preliminary investigations with the Social and Labor Security Bureau of Minhang District, the General Trade Union of Minhang District and the Shanghai Municipal Foreign Economic Relations and Trade Commission, we hereby report the results of the investigations as follows for your reference. I. About the signing of labor contract for the recruitment of new employees by the old company As to the issue that the employees employed by AAAAA Company (hereinafter referred to as the “old company”) next year will still sign labor contract with the old company, we think that as before the completion of the merging, the two companies are still independent legal persons and are both entitled to sign labor contracts with their employees on the basis of reaching consensus. If the company needs to recruit new employees or renew labor contracts, the old company may sign labor contracts with employees, and after the completion of the merging, the new company will continue to execute the labor contracts, and the new company does not have to renew labor contracts with the employees. The above operation is feasible in theory. However, what should be noted is that according to the related merging scheme