What is the negative impact of the new labor law on new graduates?

Yes, the new labor law has put some pressure on graduates to find jobs. Because the new labor law clearly stipulates that enterprises dismiss employees, the cost of dismissing employees has increased significantly, so enterprises will now think twice before dismissing employees, which also leads to a decrease in the speed of enterprises to replace employees.

To give one example, there was no previous law that required employers to pay wages to employees.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The new labor law mainly regulates the employment management, it is aimed at all workers in the society, and there is no clear place for new graduates, as for the implementation of the unfavorable places for new employees, mainly when signing the labor contract for the first time, you must fully understand the content of the contract, do not let the employer operate casually for a job, and sign the contract in a daze. In addition, employers will emphasize the content of the probationary period, and many employers will do tricks on the probationary period, so you must be sure to detail the content of the contract, and both parties usually keep a copy of the contract, and pay attention to keeping their own copy.

As a person with full capacity for civil conduct, the graduates may sign a labor contract with the employer. However, the signing of the employment contract must be an expression of the true intention of both parties, and the content of the employment contract must not violate laws and regulations and social order and good customs. Article 146 of the Civil Code provides that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

The validity of civil juristic acts concealed by false expressions of intent is to be determined and handled in accordance with relevant laws and regulations.

It is also possible to leave the company early after signing a contract.

For various reasons, some employers want students who have not yet graduated to work in the company, and even if so, they cannot sign an employment contract. However, you can sign a labor agreement with the employer or an internship agreement, and stipulate the rights and obligations of both parties in the agreement.

Article 12 of Document No. 309 No. 309 issued by the Ministry of Labor stipulates that students who use their spare time to work and study are not regarded as employment, and if they have not established labor relations, they may not sign labor contracts.

Before you retain your student status, the company has established no employment relationship with you, but only a labor relationship, and if it meets the characteristics of the employment relationship, it can be recognized as an employment relationship. Those who have not yet obtained the graduation certificate are still students and do not have the qualifications to sign labor contracts under the labor law, so the fresh graduates who have not yet obtained the graduation certificate sign an employment agreement. An employment agreement is an agreement signed between an employer, the school and the fresh graduates on the labor relationship to be formed and the basic rights and obligations of both parties in the labor relationship.

The three parties to the employment agreement are the employer, the school, and the school's recent graduates.

The signing of the labor contract is the most favorable evidence to prove the existence of an employment relationship, and it is also the best norm for the rights and obligations between the employer and the employee. Therefore, the signing of labor contracts plays a great role in safeguarding the legitimate rights and interests of employees.

Note: You should ask the employer to sign a written labor contract with you in a timely manner, stipulating the main terms such as salary, position, time limit, and working hour system; Secondly, it is necessary to avoid signing a blank employment contract, otherwise the employee will be at a disadvantage once the employer changes the agreed conditions and writes the unfavorable conditions into the employment contract.

1. Problems that need to be paid attention to when leaving early.

Under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer:

1. During the probationary period;

2. The employer compels labor by means of violence, threats or illegal restrictions on personal freedom. Unlawful restriction of personal liberty refers to the use of detention, confinement, or other coercive methods to deprive or restrict another person's freedom to control one's own physical activities according to one's own will;

3. The employer fails to pay labor remuneration or provide working conditions in accordance with the provisions of the labor contract;

4. Refusal to pay labor remuneration for extended working hours;

5. Withholding the worker's identity, qualifications, qualifications and other documents;

6. The wages of the workers are paid lower than the local minimum wage standard or the wage standard agreed in the collective labor contract;

7. The employer fails to pay social insurance premiums in accordance with the law;

8. The labor contract should be concluded or renewed but the labor contract is not concluded or the labor contract is renewed and the relationship of de facto labor and credit is formed.

1.Tend to protect workers. Insurance is something that the company can't escape, so it is necessary to sign a contract with the company and take out insurance.

This will be good for us in the future.

2.There is no reason for a company to dismiss a worker if a formal contract is signed.

3.Issues such as minimum wage standards and overtime have also been stipulated, but whether the company will follow it depends on whether the boss is happy or not. Many companies are putting obstacles in disguise.

At the beginning of college students' involvement in the world, the new labor law was still very considerate.

1.Pay attention to the trial period.

Many companies will stipulate a long probationary period, obviously only signed for one or two years, and the probationary salary will be paid during the probationary period of 5 months and half a year (usually relatively low). According to the provisions of the Labor Contract Law, the probationary period of a contract of less than three years cannot exceed two months, and the probationary period of a contract of more than three years can only be suspended for a maximum of six months. In addition, the salary during the probationary period should be 80% of the original salary, and some units only pay half of it.

2.Five insurances and one housing fund.

This must be implemented, your salary does not include five insurances and one housing fund (some units do not buy one housing fund, some only buy three insurances or four insurances, which are considered legal, but pension insurance and medical insurance must be available).

3.Overtime pay.

Overtime is a common thing, so it is necessary to make it clear whether it is to count overtime wages, usually 200% and 300% on statutory holidays, otherwise be careful to be treated as cheap labor.

4.Rest days.

Employees have the right to rest, but many companies do not take two days off and have one day off a week, although it is not illegal, but it is still necessary to ask clearly when signing the contract. In addition, national holidays must be closed, and if you can't take a holiday, you must ask for 300% of overtime wages.

5.Childbirth (female students should pay special attention).

Enterprises are usually very reluctant to give birth to female employees, and if they are pregnant, they will be fired or demoted and reduced in salary, if female students consider having children within the contract period, they must be clear, whether there is maternity insurance, how the company should arrange maternity leave, etc.

6.Paid annual leave.

The new laws and regulations clearly stipulate that all employees of enterprises who have worked for more than one year can enjoy paid leave once a year, so if you sign a contract for more than one year, you should check to see if there is this benefit.