LCL Implementation Regulations 10; Transfer Maintains Seniority

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The following provision of the Regulations on the Implementation of the Labor Contract Law of the People's Republic of China (LCL Implementation Regulations) details how seniority, which is used in calculating severance, is maintained when a worker is transferred between employers based on the employer’s reasons.

Article 10 - Employer’s Transfer Maintains Seniority

Where an employee is transferred to a new employer for reasons not attributable to himself, his working time with the original employer shall be consolidated into his working time with the new employer. If the original employer has made economic compensations for his working time with the original employer, the new employer shall not consider the employee’s working time with the original employer when calculating economic compensations made to such employee for dissolving or terminating the employment contract with him.

第十条　

劳动者非因本人原因从原用人单位被安排到新用人单位工作的，劳动者在原用人单位的工作年限合并计算为新用人单位的工作年限。原用人单位已经向劳动者支付经济补偿的，新用人单位在依法解除、终止劳动合同计算支付经济补偿的工作年限时，不再计算劳动者在原用人单位的工作年限。

Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

中华人民共和国劳动合同法实施条例

http://www.gov.cn/zwgk/2008-09/19/content_1099470.htm

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