The protection of the rights and interests of workers in China is urgent

Legal analysis: The protection of workers' rights and interests includes: the right to equal employment and choice of occupation; the right to remuneration for labor; The right to rest and vacation; the right to occupational safety and health protection; have the right to receive vocational skills training, and have the right to submit labor disputes for settlement; Pure companions have the right to social insurance and welfare.

Legal basis: Article 3 of the Labor Law of the People's Republic of China Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive occupational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Legal analysis: The content of the protection of workers' rights and interests includes: the right to equal employment and choice of occupation; the right to remuneration for labor; The right to rest and vacation; the right to occupational safety and health protection; have the right to receive vocational skills training, and have the right to submit labor disputes for settlement; There is a right to social security and benefits.

Legal basis: Article 3 of the Labor Law of the People's Republic of China Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

1. The employer must sign a labor contract with the employee. The Labor Contract Law clearly stipulates that the employer must sign a written labor contract with the employee within one month from the date of employment, and the employee may request to sign an indefinite labor contract. The Labor Law stipulates four situations in which there is no fixed-term labor contract The Labor Law clearly stipulates that the probationary period is included in the term of the labor contract, and if the labor contract only stipulates a probationary period, the probationary period is not established, and the same employer and the same employee can only agree on one probationary period.

The Labor Contract Law stipulates that the employer can only stipulate that the employee shall bear liquidated damages under two circumstances: the employer violates the law, and the employee can resign at any time: first, the two parties negotiate to terminate the labor contract; Second, the employee only needs to notify the employer in writing 30 days in advance, and terminate the labor contract after 30 days; Third, the employee can immediately terminate the labor contract without notifying the employer in advance The content and procedure of the employer's rules and regulations are subject to internal rules and regulations, and if the employer illegally terminates the labor contract, the employee may demand continued performance of the labor contract or compensation. The Labor Contract Law stipulates that if an employer illegally terminates or terminates a labor contract, the employer shall continue to perform the labor contract; If the worker does not request to continue to perform the labor contract or the labor contract, the employer shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 The employee may request the employer to issue a certificate of termination or termination of the labor contract, transfer file and insurance relationship, and the Labor Contract Law stipulates that:

The employer shall issue a certificate of termination or termination of the labor contract, and handle the formalities for the transfer of files and social insurance relations for the employee The termination of the labor contract can also require economic compensationThe Labor Law stipulates that the employer and the employee shall give economic compensation for the termination of the labor contract, and no economic compensation shall be given for the termination of the labor contract The labor dispute mediation and arbitration law stipulates that the employee shall seek recourse for labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, In the case of disputes not exceeding the local minimum wage standard for 12 months, due to national labor standards, rest, social insurance, and labor arbitration, the employer cannot file a lawsuit with the court except for the employee's right to file a lawsuit with the court, and the arbitration decision will take effect.

Article 87 of the Labor Contract Law of the People's Republic of China provides that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

1. Equal employment and the right to choose one's occupation;

2. The right to receive labor remuneration and the right to rest and vacation;

3. The right to protection of labor safety and health;

4. The right to receive vocational skills training; Grind big.

5. The right to enjoy social insurance and welfare;

6. The right to submit a labor dispute for settlement;

7. Other labor rights stipulated by law.

The conditions for the employment contract to take effect include:

1. Both parties have the corresponding capacity for civil conduct;

2. The procedure for concluding the labor contract is legal, that is, in the process of concluding the labor contract, the principles of legality, equality, voluntariness and consensus must be strictly observed;

3. The content of the labor contract is legal, and shall not violate the mandatory provisions of the law and public order and good customs;

4. The labor contract shall be in the form required by law.

To sum up, the signing of an employment contract is the most favorable evidence to prove the existence of an employment relationship, and it is also the best regulation of the rights and obligations between the employer and the employee. The signing of labor contracts plays a great role in safeguarding the legitimate rights and interests of the workers themselves. In order to avoid and reduce labor disputes, the employer should be required to sign a written labor contract with the employer in a timely manner, stipulating the main terms such as salary, position, time limit, and working hour system, and the contract should be clearly read before signing.

Legal basis]:

Article 19 of the Labor Law of the People's Republic of China.

The employment contract shall be concluded in writing and shall have the following provisions:

1) The term of the labor contract;

2) the content of the work;

3) Labor protection and working conditions;

4) remuneration for labor;

5) Labor discipline;

6) the conditions for the termination of the labor contract;

7) Liability for breach of labor contract.

In addition to the necessary clauses provided for in the preceding paragraph, the parties may negotiate and agree on other contents of the labor contract.

Article 20. The duration of an employment contract is divided into a fixed term, an indefinite term, and a term for the completion of a certain amount of work.

Legal analysis: The protection of workers' rights and interests includes: the right to equal employment and choice of occupation; the right to remuneration for labor; The right to rest and vacation; the right to occupational safety and health protection; have the right to receive vocational skills training, and have the right to submit labor disputes for settlement; There is the right to enjoy social insurance and welfare.

Legal basis: Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and take rough leave, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.

Labor defense agents shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

1. The Labor Law protects the legitimate rights and interests of workers. Article 1 of the Labor Law states that "this Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress." ”

2. The Labor Law also stipulates the obligations of workers. Article 3 "Laborers shall complete their labor tasks, improve their professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics." ”

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty or malpractice for personal gain, causing major harm to the interests of the employer;

4) Those who have been pursued for criminal responsibility in accordance with law. Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the worker in writing 30 days in advance:

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

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 original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation. Article 41 Due to the needs of production and operation, an employer may, after consultation with the trade union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker. Article 47 An employer shall, in accordance with the law, independently determine the wage distribution method and wage level of its own unit in accordance with the characteristics of its production and operation and its economic efficiency.

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation. Article 102 Where a worker terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with law.