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【裁判要旨】与用人单位形成劳动关系的临时工是劳动者,享有劳动法赋予劳动者的各项权利。因用人单位间业务划转致使劳动者被转到新用人单位与新用人单位形成劳动关系的,劳动者在原用人单位的工龄应合并计算为在新用人单位的工龄。
[Purpose of the referee] Temporary workers who form labor relations with the employer are laborers and enjoy the rights granted to laborers by the labor law. If the laborer is transferred to the new employer due to the business transfer between the employer and the new employer, the employee's working age at the former employer should be merged into the length of service of the new employer.