When recruiting personnel, the company should sign labor contracts with which personnel and which pe

When recruiting personnel, the company shall sign labor contracts with the personnel who have established labor relations, and sign labor contracts with the personnel who enjoy pension insurance benefits in accordance with the law" and "those who have received retirement pensions";

Article 7 of the Interpretation (III) of the Supreme People's Court on the Labor Contract Law stipulates that: "If an employer files a lawsuit with the people's court in the event of an employment dispute between an employer and a person who has been entitled to pension insurance benefits or received a pension in accordance with the law, the people's court shall handle it in accordance with the labor relationship." ”

Once an employment dispute arises between a person who signs a labor contract and an employer, he or she shall not be subject to the adjustment of laws, regulations and normative documents such as the Labor Law, the Labor Contract Law, and the Labor Dispute Mediation and Arbitration Law, but shall be adjusted by the General Principles of the Civil Law, the Contract Law and other legal norms. When the two parties conclude a labor contract, they may not pay overtime wages in accordance with the labor laws, and do not need to pay economic compensation or compensation when dissolving or terminating the contract.

Article 8 of the Interpretation (III) of the Supreme People's Court on the Labor Contract Law stipulates that: "If an employee of an enterprise is on leave without pay, a retired employee who has not reached the statutory retirement age, a laid-off employee waiting for work, and an employee who has been suspended for a long period of time due to the suspension of production and the operation of the enterprise, and files a lawsuit with the people's court in accordance with the law due to an employment dispute with the new employer, the people's court shall handle it in accordance with the labor relationship." ”

Depending on the nature of the employee's work, most of them sign labor contracts, and for temporary employees, they may sign labor contracts orally or contractually.

All those who have an employment relationship should sign an employment contract.

My advice to you based on your question is:

All full-time employees hired by an enterprise should sign a labor contract, which is the basic clause stipulated by the law, so how to distinguish which personnel sign a labor contract and which one signs a labor contract, there are also some provisions in the law.

Full-time employees with labor qualification qualifications (including age, status, retirement, etc.) should sign labor contracts, such as specific finance, administration, procurement, etc., including direct signing between the company and the employee and signing with the dispatch company.

Legal provisions of the labor contract: 1. In order to avoid the abuse of employment power by the enterprise, the law requires that only auxiliary and substitute personnel can sign the labor contract. 2. Retired and rehired elderly personnel. 3. Part-time employees, such as cleaners. 4. Temporary workers.

The following persons shall sign a labor contract with the employer: Hu Yetang.

1. Staff of enterprises and institutions;

2. Employees of state organs;

3. Staff of rural collective economic organizations and urban residents' committees;

4. Workers employed by individual industrial and commercial households;

5. Other workers who shall sign labor contracts with the employer.

If the terms of the labor contract are unreasonable, the employee may take the following measures:

1. Negotiation and settlement: The employee can negotiate with the employer to request the modification or deletion of unreasonable terms. If the two parties reach an agreement through negotiation, they shall promptly write a record and sign a new labor contract or an agreement to modify the labor contract;

2. Apply to the labor dispute arbitration institution for mediation or arbitration: The employee may apply to the labor dispute mediation and arbitration institution where the employer is located to request mediation or arbitration of the labor contract clause that does not conform to the employer's reasoning. The arbitration institution will conduct mediation or arbitration on the application of both parties in accordance with the provisions of the law and make a fair ruling;

3. Sue to the people's court: If the worker does not agree with the mediation or arbitration decision of the labor dispute arbitration institution, he or she can file a lawsuit with the people's court within the statutory time limit. The people's court will, in accordance with the provisions of the law, hear the claims of both parties and make a ruling.

To sum up, unreasonable terms of the employment contract should comply with the provisions of the law, otherwise they will be invalid. If the clause violates laws and regulations, the employee may not perform the relevant clause, or may claim against the employer through the above-mentioned channels.

Legal basis]:

Article 2 of the Labor Contract Law of the People's Republic of China.

This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

Temporary workers and employees on leave without pay shall sign a labor contract with the unit that loses money by renting dates.

The employer shall follow the following principles when signing the labor contract:

1. The principle of legality: The principle of legality requires that the form and content of the labor contract be legal. According to the provisions of the Labor Contract Law, unless a full-time employee is employed, the employment contract shall be concluded in writing.

The content of the employment contract must have the necessary clauses and the content must not violate the provisions of the law;

2. The principle of fairness: The principle of fairness requires that the content of the labor contract be fair and reasonable, and the employer shall not suppress the employee in a strong position and formulate obviously unfair contract terms;

3. The principle of equality and voluntariness: It means that the employee and the employer have equal legal status when concluding the labor contract, and the labor contract is signed entirely out of the expression of the true intention of both the employee and the employer, and is signed out of voluntariness;

4. Principle of consensus: The principle of consensus means that the terms of the contract are reached by consensus between the two parties, and neither party shall impose its will on the other party and shall not force the conclusion of the labor contract;

5. The principle of good faith: The principle of good faith is a basic moral principle of society, and people should follow this principle in all aspects of life.

The law is based on itArticle 3 of the Labor Contract Law of the People's Republic of China.

The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.

The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

1. It is usually necessary to sign a labor contract with the employer. Except for the case where the legal person or relevant representative of the employer can represent the employer without signing the labor contract, other statutory employees employed by the employer are required to sign an employment contract with the employer.

2. Principles for the conclusion of labor contracts; The following principles shall be observed in the conclusion of a labor contract:

1. The principle of legality.

The employment contract must be concluded in writing in accordance with the law. The subject is legitimate, the content is legitimate, the form is legitimate, and the procedure is legal. Only a legal employment contract can produce the corresponding legal effect.

An employment contract that is illegal in any respect is invalid and is not recognized and protected by law.

2. The principle of consensus.

Under the premise that it is legal, the conclusion of an employment contract must be the result of consultation between the employee and the employer, and the expression of "agreement" between the two parties cannot be the result of a unilateral expression of will.

3. The principle of equality of the status of the subject of the contract.

In the process of concluding an employment contract, the legal status of both parties is equal. Employees and employers are not in an unequal position because of their different natures, and no party in opposition may coerce or coerce orders against the other party, and it is strictly forbidden for employers to impose restrictions or coercive orders on employees. Only when equality of status is truly achieved can the labor contract concluded be fair.

4. The principle of equivalent compensation.

The employment contract clarifies the status and role of both parties in the employment relationship, and the employment contract is a paid contract in which the employee undertakes and completes the labor tasks assigned by the employer, and the employer pays the employee a certain remuneration and is responsible for the insurance amount of the employee.

a.Provisional draft judgment.

b.Personnel seconded to the unit Nianyan.

c.A college student who interned during the school worship period.

Correct Answer: a