营业转让中的劳动合同承继探讨--从一起劳务派遣转包案件说起

营业转让是用人单位具有一定机能性财产的一体转让，劳动关系已成为营业转让的重要标的和要价筹码。营业转让时劳动者与生产资料继续保持结合，劳动关系转移不违背其人身属性。应在立法中明确规定营业转让时劳动关系随转制度，买受企业应无条件接受原有职工，原职工在劳动条件、福利待遇等不变的情况下不得解除劳动合同。

The Business Transfer of Labor Contract Inheritance---Starts with a Case of Labor Dispatch Subcontract

The business transfer is the whole transfer of a certain functional property by an employer, in which labor relations have become an important subject and a bargaining chip.The laborers should always be combined with production materials in the process of business transfer,and the transfer of labor relations shouldn't violate their personal attributes.It should be clearly stipulated in the legislation that labor relations go with business transfer.The buyer enterprises should unconditionally accept the original employ-ees,and cannot terminate the labor contract when the employees remain working under the original working conditions and benefits.