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PART IV CONTINUITY OF EMPLOYMENT (Employment Standards Act, 2000)

本文发表在 rolia.net 枫下论坛PART IV
CONTINUITY OF EMPLOYMENT

Sale, etc., of business

9. (1) If an employer sells a business or a part of a business and the purchaser employs an employee of the seller, the employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the seller shall be deemed to have been employment with the purchaser for the purpose of any subsequent calculation of the employee's length or period of employment. 2000, c. 41, s. 9 (1).

Exception

(2) Subsection (1) does not apply if the day on which the purchaser hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the seller and the day of the sale. 2000, c. 41, s. 9 (2).

Definitions

(3) In this section,

"sells" includes leases, transfers or disposes of in any other manner, and "sale" has a corresponding meaning. 2000, c. 41, s. 9 (3).

Predecessor Acts

(4) For the purposes of subsection (1), employment with the seller includes any employment attributed to the seller under this section or a provision of a predecessor Act dealing with sales of businesses. 2000, c. 41, s. 9 (4).

New building services provider

10. (1) This section applies if the building services provider for a building is replaced by a new provider and an employee of the replaced provider is employed by the new provider. 2000, c. 41, s. 10 (1).

No termination or severance

(2) The employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the replaced provider shall be deemed to have been employment with the new provider for the purpose of any subsequent calculation of the employee's length or period of employment. 2000, c. 41, s. 10 (2).

Exception

(3) Subsection (2) does not apply if the day on which the new provider hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the replaced provider and the day on which the new provider began servicing the premises. 2000, c. 41, s. 10 (3).

Predecessor Acts

(4) For the purposes of subsection (2), employment with the replaced provider includes any employment attributed to the replaced provider under this section or under a provision of a predecessor Act dealing with building services providers. 2000, c. 41, s. 10 (4).更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 法律 / 我应不应当告雇主
    我刚休完产假要回去上班,却被告知没有工作了.原因是我的公司被总公司卖掉了,而我的名字却被忘掉给现在的老板.现在的老板让我去找原总公司,我找了他们,他们说也没有工作,要给我一些补偿费,可能是几个月的工资.不知哪位有这方面的信息,我应当要求多少补偿费合理?如果我任为不合理,我应该怎么办?应不应当去告原公司,有可能告他吗?
    • 要。休产假期间雇主不可以跟你中止雇佣关系。如果发生公司买卖变更,新公司要“继承”下来原来公司跟你的劳动关系。#1169286
      • MM法律学的不错,用的怎么不熟练了?她的公司可没有说是因为她怀孕而解雇的,而是在她怀孕休假期间,公司发生变故,无法安排她原来的位置了。告?上哪告去?你让她先去问问有律师肯接她的case吗?要不你帮她打?
        • PART IV CONTINUITY OF EMPLOYMENT (Employment Standards Act, 2000)
          本文发表在 rolia.net 枫下论坛PART IV
          CONTINUITY OF EMPLOYMENT

          Sale, etc., of business

          9. (1) If an employer sells a business or a part of a business and the purchaser employs an employee of the seller, the employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the seller shall be deemed to have been employment with the purchaser for the purpose of any subsequent calculation of the employee's length or period of employment. 2000, c. 41, s. 9 (1).

          Exception

          (2) Subsection (1) does not apply if the day on which the purchaser hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the seller and the day of the sale. 2000, c. 41, s. 9 (2).

          Definitions

          (3) In this section,

          "sells" includes leases, transfers or disposes of in any other manner, and "sale" has a corresponding meaning. 2000, c. 41, s. 9 (3).

          Predecessor Acts

          (4) For the purposes of subsection (1), employment with the seller includes any employment attributed to the seller under this section or a provision of a predecessor Act dealing with sales of businesses. 2000, c. 41, s. 9 (4).

          New building services provider

          10. (1) This section applies if the building services provider for a building is replaced by a new provider and an employee of the replaced provider is employed by the new provider. 2000, c. 41, s. 10 (1).

          No termination or severance

          (2) The employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the replaced provider shall be deemed to have been employment with the new provider for the purpose of any subsequent calculation of the employee's length or period of employment. 2000, c. 41, s. 10 (2).

          Exception

          (3) Subsection (2) does not apply if the day on which the new provider hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the replaced provider and the day on which the new provider began servicing the premises. 2000, c. 41, s. 10 (3).

          Predecessor Acts

          (4) For the purposes of subsection (2), employment with the replaced provider includes any employment attributed to the replaced provider under this section or under a provision of a predecessor Act dealing with building services providers. 2000, c. 41, s. 10 (4).更多精彩文章及讨论,请光临枫下论坛 rolia.net
          • 我左看右看也没看出来你引的这段里有说不许解雇楼上的情况啊?
            • 解雇是违法的, 受到的惩罚是给受害人一些赔偿。
    • 你90%不可能回到原来的工作了。你可以要求赔偿。如果你工作时间小于1年,最少2周的工资;大于1年,最少4周的工资。你可以起诉你的公司,法庭会根据情况给你一个合理的赔偿。我所知道的一般工人最多得到了6个月
      的工资(工作了20年,在53岁时),Manager得到了1年的工资(工作了15年,52岁时)。由于你是在休产假期间被解雇的,你的赔偿会更多一些,但也不会太多。建议和公司协商,而不是打官司。
      • 她的公司似乎已经offer她几个月工资的解雇package,如果她要这个package的话,如果这个公司没有雇一帮蠢猪HR,就会让她签libility release aggrement.如果她坚持要告,则这个package拿不到,官司也很可能得到nothing
        • That is my point. 如果她要了这个package或她向劳工部申诉了,她就没有权利再起诉她的老板了。一般来讲,官司肯定会赢,但得到的赔偿很可能会少于公司提供的package.
          • 谢谢各位的回应,总公司的错误是它在售出公司的名单上漏掉了我的名字(也许是有意的),致使我不能回去上班.
            同时总公司在别的城市还有很多公司,我愿意去别的城市工作,他们是否应该给我另一份工作作为赔偿?
            总公司给我的OFFER是赔偿六个星期的工资,我不能接收,准备找律师,哪位知道有律师打赢官司才收费的?谢谢!
    • Depending on the purchase agreement between the two companies. If the buyer agreed to unconditionally take over all the employees, your employment shall not be terminated.
      Even it is conditional, maternity leave shall not be a reason for termination.

      My advise is to consult an employment lawyer first. Initial consultation is free of charge (about 30 min of time). You may study the related laws yourself first. A lawyer can give you professional advise on key issues. But if you rely on your lawyer to do everything for you, you are using a lawyer as an expensive secretary and certainly will be costly. Lawyer may not adapt "winner takes all" appoach as you wish.