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Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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Summary. Whether the salary in the contract is divided into structures such as basic salary + continuing salary. It also depends on the relevant provisions of the company's rules and regulations. If a dispute arises over wages, it may apply to the Labor Dispute Arbitration Commission for labor arbitration.
Whether it is legal for the labor contract to stipulate performance-based wages but there is no appraisal system.
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Performance and appraisal are one set, and just one agreement is invalid. Illegal.
Whether the salary in the contract is divided into structures such as basic salary + continuing salary. It also depends on the relevant provisions of the company's rules and regulations. If a dispute arises over wages, it may apply to the Labor Dispute Arbitration Commission for labor arbitration.
According to the wages in the contract, wages cannot be withheld, and if they are not paid, they can go to the labor inspection brigade where the unit is located to complain.
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Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, labor protection and occupational hazard protection;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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Legal Analysis: Signing a labor contract refers to a contract in which the employer and the employee reach an employment intention, and the employer hires the employee and signs a contract with the employee to confirm the labor relationship. Usually, more formal employers will sign an employment contract with the employee related to the content of the work, which will explain the scope of work, remuneration and working hours.
Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following provisions: (1) the name, domicile and legal representative or principal responsible person of the employer; 2) The worker's name, address, and resident ID card or other valid identification number; 3) The term of the labor contract; 4) The content of the work and the place of work; 5) Working hours, rest and vacation; 6) Labor remuneration; 7) Social insurance; (8) Labor protection, working conditions and occupational hazard protection; 9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary provisions of the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality preservation, supplementary insurance and welfare benefits.
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Summary. No, the assessment documents must be relevant to the signing entity of the labor contract in order to be valid.
No, the assessment documents must be relevant to the signing entity of the labor contract in order to be valid.
Can you add, I don't quite understand it.
If the unit of the company's assessment document and the employment contract are not the same unit, whether the assessment is valid depends on the specific circumstances. If the employment contract is signed by another employer, and the appraisal document is issued by the original employer, the appraisal document is still valid. However, if the employment contract is signed by another employer and the appraisal document is issued by the other unit, then the appraisal document is no longer valid.
The best way to solve this problem is to confirm the validity of the appraisal documents with the original employer and ask the original employer to provide valid appraisal documents. If the original employer cannot provide valid appraisal documents, the employee may file a complaint with the Labor Dispute Arbitration Commission and request the former employer to provide valid appraisal documents. Personal Tips:
When signing an employment contract, employees should carefully read the contents of the contract to ensure that their rights and interests are fully protected. At the same time, workers should regularly check their own appraisal documents to ensure the validity of the appraisal documents.
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There is no performance pay for contract employees in public institutions, and performance pay is for employees in the establishment, and contract workers receive a fixed salary every month.
Is there a performance assessment when signing a labor contract with a government agency or institution?
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The contract employees of public institutions do not have a performance salary, and the performance salary is for the employees in the establishment, and the contract workers receive a fixed salary every month.
Legal analysis: performance salary basic performance reward performance basic performance accounts for 70 performance salary reward performance accounts for 30 The monthly standard amount of individual basic performance of employees is based on the standard, such as 1740 for management post clerks, 1620 for clerks, etc., management posts, technical title posts, service skill posts, different levels have their own standards. The monthly standard amount of individual reward performance of employees is the amount of individual basic performance standard divided by 7 times 3 to obtain the unit in the total amount of performance wages approved by the Finance Bureau every year for the basic performance and reward performance of all employees (the sum of the net amount of the basic performance standard of all employees and the sum of the amount of all employee reward performance standards) for 12 months
1. The basic performance directly enters the salary, and at the same time cancels other subsidies 2. Reward performance: The unit should formulate a distribution plan according to its actual situation (how to divide it, how long to pay it once), and the corresponding employee assessment methods. Teasing misunderstanding:
Reward performance, for example, are all clerks, and the standard is 746 months, but it does not mean that everyone is actually given 746 per month, because there must be assessments, attendance, good or bad work, etc., it is possible to get not the standard amount, which is the reward performance.
File a complaint with the local labor inspectorate or apply for labor arbitration.
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