How to sign a contract with an employee if you want to protect the interests of your business item 1

Signing a labor contract with an enterprise is a great guarantee for employees.

An employment contract is an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. According to the content of the contract, labor contracts are divided into labor contracts within the scope of the labor contract system and labor contracts outside the scope of the labor contract system; According to the form of the contract, it is divided into mandatory labor contract and non-mandatory labor contract. The role of the contract:

1. It is an important guarantee for workers to realize their labor rights; 2. It is an important means for employers to rationally use labor, consolidate labor discipline and improve labor productivity; 3. It is an important measure to reduce and prevent the occurrence of labor disputes. The employer does not sign the labor contract to pay double wages: According to the Labor Law of the People's Republic of China, the labor contract is the legal basis for the establishment of an employment relationship between the employer and the employee, and is used to clarify the rights and obligations of both parties.

Once the two parties have established an employment relationship, they must sign a written employment contract, and the probationary period is no exception. The labor contract must be legal, otherwise it will be invalid from the date of signing and must be re-signed. According to the regulations, after signing the contract, the employer should purchase social insurance[4] for the employee, including endowment insurance, work-related injury insurance, medical insurance, maternity insurance, and unemployment insurance.

The labor department has the right to order a unit or individual who does not sign a contract or impose a penalty. For the party who does not sign the contract, the other party has the right to claim compensation for damages. In the event of a dispute arising from the performance of a labor contract, the parties may settle the dispute on their own, or apply to the mediation committee of the registration unit for mediation, or apply to the labor dispute arbitration commission for arbitration, or file a lawsuit in the people's court.

If the employer does not sign the contract, causing damage to the rights and interests of the employee, the employee may report to the labor security supervision agency in accordance with the law. The labor contract is a strong guarantee for the rights and interests of employees, and employees should pay full attention to the role of the contract. When one's legitimate rights and interests are harmed, we must have the courage to seek help and protection from the law.

The above is the answer to the analysis compiled by the consultant team for you, if you need help drafting the contract, you can buy a template or hire a lawyer**.

The establishment of a labor contract is not only stipulated in the Labor Contract Law, but also an important reference for the stable existence of the labor relationship, the strengthening of labor management by the employer, and the handling of disputes between the two parties.

What is the use of signing a labor contract with an employer?

The signing of a labor contract is not only stipulated in the Labor Contract Law, but also an important basis for the stable existence of the labor relationship, the strengthening of labor management by the employer, and the handling of disputes between the two parties. The signing of a labor contract can effectively safeguard the legitimate rights and interests of both the employer and the employee. The signing of labor contracts is conducive to the employer's independent employment and the employee's independent choice of occupation.

Labor contract, can I not go to social security?

If the employer does not pay the insurance:

According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right of the employee and the obligation of the employer to establish an employment relationship with the employee from the date of employment, conclude the labor contract and pay social insurance within one month.

If the employer does not sign a labor contract and does not participate in the pension insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law.

You may do so in accordance with Articles 38 and 1 of the Labor Contract Law.

Four. Ten. 6. Article 47 stipulates the termination of labor relations and requires the following claims to be made to the unit

1. Pay one month's economic compensation for each full year.

2. Make up the social security during the period of labor relations.

3. If the labor contract is not signed, double wages for up to 12 months shall be paid. (one-year statute of limitations).

To sum up, I hope it can help you to sign a contract with the company to protect employees.

Legal basis]:

Article 14 of the Labor Contract Law of the People's Republic of China refers to an indefinite term labor contract in which the employer and the employee agree on an indefinite termination time. The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if the employee proposes or agrees to renew or subscribe to a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Legally:

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee. If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

You have to show evidence that you are indeed on the job, such as attendance records, social security payment certificates, salary slips, etc., the company's 09-year labor contract has not been returned but you have to write and sign for it? If there is no signing, it can be regarded as not signing the labor contract.

But once you re-sign it, your compensation will not be paid.

It is illegal for them to not sign the contract, and if you don't plan to do it, you can go to the labor bureau to file for arbitration and claim compensation. For details, please consult the Labor Bureau.

1. The contract is invalid without the appraisal seal of the labor and social security department.

2. Most of the labor dispute mediation and arbitration tribunals are set up in the municipal and district labor and social security bureaus, which are more beneficial to workers due to the promulgation of the labor law, labor dispute mediation and arbitration law and other laws and regulations.

3. There must be evidence of working in the unit, such as wearing work clothes to work in the unit.