Is the employment contract and rules and regulations, and the employee rules and regulations conside

Legal analysis: No, there is a unified standard for the specific content of the labor contract, but the employee rules and regulations are the implementation rules for employee management formulated by the enterprise according to the specific situation.

Legal Basis for Concealment and Omission: "Labor Law of the People's Republic of China".

Article 19 The labor 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 stipulated in the preceding bumper payment, the parties may negotiate and agree on other contents.

Legal analysis: 1. The employer has the obligation to inform and the employee has the obligation to explain.

2. When the labor contract is not concluded, the labor with rubber remuneration is equal to the same pay.

Legal basis: Labor Contract Law of the People's Republic of China

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed upon with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel laborers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

4) Contract workers do not participate in the assessment of the economic responsibility system within half a year. Half a year later, 60% of the balance of the post agreement salary after deducting the minimum wage standard will be included in the assessment of the economic responsibility system of the unit, and the calculation will be calculated and paid on a floating basis. On the premise that the contractor provides normal work, the remuneration paid by the employer shall not be lower than the local minimum wage.

5) Contract workers shall be implemented in accordance with the system of regularization and grading of employees in the same position. After the expiration of the apprenticeship (proficient), theoretical and practical examinations and assessments should be carried out, and those who pass the examination and grading procedures can be completed and can work on the job, and those who fail to meet the requirements will terminate the contract of Lao Lu Zhidong.

6) Contractors can enjoy the following insurance benefits (other benefits not involved will not be implemented):

1.The standards for health care expenses and night shift pay and their payment methods shall be implemented in accordance with the current regulations.

2.The policies and calculation bases and proportions of paying endowment insurance and medical insurance premiums, withdrawing housing provident funds, and issuing housing reform subsidies shall be implemented in accordance with the current regulations. Among them, the calculation base of the housing reform subsidy is based on the agreed salary of the post agreed in the post contract.

2) The employing unit shall sign a post contract with the contractor in accordance with the law. The job contract should clarify the responsibilities, tasks, treatment and other matters of the position.

3) Each subsidiary independently signs, renews, changes, terminates and dissolves labor contracts with contractors in accordance with the law, and at the same time reports in writing to the competent department of the group company for the record. The units directly under the group company shall be handled in accordance with the original procedures.

4) For the flow of personnel between legal entities, the original unit shall terminate the labor contract and the new unit shall sign a new contract.

2. Dynamic management provisions

1) Contract apprentices (skilled) can be used for lurific movement upon expiration. Among them, the transferee, with the consent of the contractor's unit, shall report to the competent department of the group company for approval and go through the relevant procedures. The flow between units operates according to the market, that is, the group company organizes and coordinates in a unified manner, and the employing unit and the individual contractor implement two-way selection and merit-based selection.

The specific operation shall be carried out in accordance with the relevant regulations of the group company.

2) In principle, contract workers are not allowed to adjust their positions within the unit. If it is really necessary to change the type of job due to special circumstances or work needs, in principle, it should comply with the provisions of the certificate system, implement competition for posts, and go through the procedures for changing the post contract and post agreement to clear wages with the consent of the competent department of the group company.

The Labor Contract Law has made special regulations for part-time employment that are different from those for full-time employment from the legal level: First, it defines part-time employment as a reed. Part-time employment refers to a form of employment in which the average daily working hours of employees in the same employer do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours.

The second is to stipulate that the surplus workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier. Full-time employees can only enter into an employment contract with one employer. The third is to stipulate that the parties to a part-time employment may enter into an oral agreement.

In the case of full-time employment, a written labor contract shall be concluded. Fourth, it stipulates that the parties to part-time employment shall not agree on a probationary period. In the case of full-time employment, except for the labor contract with a term of completion of a certain work task and the fixed-term labor contract of less than three months, the probationary period may be stipulated in other labor contracts in accordance with the law.

Fifth, it stipulates that either party may notify the other party to terminate employment at any time; If the employment is terminated, the employer shall not pay economic compensation to the employee. In the case of full-time employment, both parties shall dissolve or terminate the labor contract in accordance with the law; When an employer dissolves or terminates a labor contract, it shall pay economic compensation in accordance with law. Sixth, it is stipulated that part-time employment shall not be lower than the minimum hourly wage standard stipulated by the people in the place where the employer is located.

Full-time workers are subject to the monthly minimum wage. Seventh, the settlement cycle of labor remuneration for part-time employees shall not exceed 15 days at the longest. In the case of full-time employment, wages shall be paid at least once a month.

Article 36 of the Labor Law of the People's Republic of China The State implements a system of working hours in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours. Article 38 The employer shall ensure that the worker has at least one day off per week. Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

Answer: An employment contract, i.e., a labor contract, is an agreement between an employer (including enterprises, institutions, state organs, social organizations and other organizations) and Youmin workers to determine the labor relationship and clarify the mutual rights and obligations. When signing labor contracts with recruited workers, enterprises must abide by the provisions of national policies and regulations, and adhere to the principles of equality, voluntariness and consensus; The employment contract must be signed in writing; The content of the labor contract must be complete and accurate.

Legal basis: Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith in the conclusion of a labor contract.

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.

Legal basis: 1. Article 1 of the Labor Contract Law of the People's Republic of China, the legislative purpose, is formulated in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations.