What should I do if a public institution has set up a post and signed an employment contract, but th

If the employer is in arrears of wages without reason, the employee may file a complaint with the local labor inspection department and request the employer to pay the arrears of wages.

If the employer deducts or defaults on the employee's wages, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the employer.

When a worker goes to the labor inspection brigade to complain, he or she should bring his or her ID card, the full name of the employer, the name and contact information of the person in charge, and relevant evidence that can prove that the worker works in the employer, and the labor and social security inspection brigade shall issue a correction within a time limit. If the enforcement is not within the time limit, apply to the court for compulsory enforcement. At the same time, if the employee fails to make corrections within the time limit, the employee can claim that the employer pay you 50%-100% of the amount of wages in arrears (Article 26 of the Labor and Social Security Supervision Regulations).

Article 50 of the Labor Law stipulates that wages shall be paid to the workers themselves in the form of money on a monthly basis, and the wages of the workers shall not be deducted or delayed without reason.

Article 30 of the Labor Contract Law The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

You can go to the HR department and ask why it hasn't been cashed out.

There is no compilation. When a new recruit signs an employment contract with a public institution, he or she is a non-staff contract and can never use the establishment.

Due to the limitation of the establishment of public institutions, the recruitment of non-staff contract personnel with the unit is an employment contract, which is managed in accordance with the "Labor Contract Law" and cannot use the establishment of the institution.

This type of recruiter includes human resources**, contract workers, temporary workers, labor dispatch workers, etc. Although the job position of the recruiter may be the same as that of the regular employee, and the work is the same, these personnel cannot use the establishment of the institution except for the regular recruitment.

If you succeed in the competition for professional and technical positions, you can enter the position, use the career establishment, and enjoy the salary, social security, professional title evaluation, retirement and pension policy of the professional and technical cadres corresponding to the position.

Professional and technical positions require technical secondary school or above, primary qualification certificates, etc. In addition, all personnel, regardless of cadres and workers, age and level restrictions, are equal, fair and just open competition, and accept the supervision of personnel, establishment, finance, and competent departments.

When a new employee joins the company, he or she must sign an employment contract with a public institution, and when the position is adjusted, he or she must also sign an employment contract with a public institution. The employment contract is usually signed for a three-year period at the beginning, and a five-year contract can be signed later, and it must be re-signed when the position changes. Instead of being a business establishment personnel, even if the enterprise hires them, they do not sign an employment contract with a public institution, but sign a labor contract or a dispatch contract.

Therefore, the personnel who sign the employment contract of a public institution generally belong to the personnel of the establishment of the institution. Although this kind of reasoning is not wrong, the key to judging whether it is a business establishment personnel is also to see whether it is carried out to compile and report, and whether the roster is on the enterprise preparation book!

If you want to become a career establishment personnel, the key is to use the methods of open recruitment, talent introduction, and targeted recruitment by government agencies and institutions. The open recruitment of organs and institutions is very well understood, and it is the preparation of institutions and institutions that have leisure, and then clearly put forward the recruitment needs to the human resources department of the institution, and the human resources department of the institution releases the position, regulations and other information content to the society, and then according to the written test questions, recruitment interviews, routine physical examinations, and public announcements, the final elected outstanding people can be compiled and signed the employment contract. The same is generally true for the introduction of talents, but the application requirements will be high, and the test stage may be lowered.

Targeted recruitment is a compilation position that is taken out in the face of some unique personnel, such as the "three support and one branch" personnel, and the recruitment career establishment personnel such as college students and village officials.

Clearly recruited career establishment personnel, not only to sign the employment contract, but also to fill in the application for the use of staff**. The application form should be filled in with the basic information of the person, personal resume, employment position, method (open recruitment, introduction of talents, etc.), writing characteristics, enterprise preparation status and other information content. After being approved by the employer, the writing unit, the human resources department of the institution, etc., it is really possible to report to the writing unit and leave the name and the duration of the compilation on the enterprise's compilation book.

With this raw material, the enterprise can approve the standard salary of the recruited personnel to the human resources department of the institution, and apply to the administrative organ for the promotion of the personnel provided by the Finance Bureau, so that the salary of the admitted personnel can be distributed on a monthly basis.

In general, judging whether it is a business establishment personnel, mainly depends on whether the preparation of the report has been carried out, if the preparation of the report has been carried out, and the information content is set aside in the enterprise preparation book, then it must be the business establishment personnel, and the opposite is not. However, generally speaking, only the personnel of the establishment of the institution sign the employment contract of the public institution, and if the employment contract of the institution is signed, it can generally be assessed as the personnel of the establishment of the institution. Naturally, each region is different, and there will be some special circumstances, and it is very likely that the employment contract of a public institution will be signed, but it is not the situation of the writers, for example, the employment system staff like the appointment system of civil servants is very likely to only sign the employment contract, but do not carry out the preparation of the report.

If you have signed an employment contract, it is not a permanent position in the business establishment. The employment contract is an employment contract. It is completely different from the nature of the business establishment.

It is indeed a career editor, because this kind of public institution, whether it is a contract worker or a regular employee, can only enter after a career examination.

Actually, I think it's a very stable job, and many people and college students want to take this kind of thing.

As a legal person, a public institution establishes a personnel relationship with its staff by signing an employment contract, thus establishing the legal status of equal personnel subjects on both sides.

Staff members may apply for employment on their own and perform their duties and enjoy benefits in accordance with their employment contracts. This kind of employment is different from ordinary enterprises, unless they make some serious mistakes or other special reasons, they will be dismissed, otherwise they will continue until retirement, ordinary enterprises can terminate the contract at any time, and the non-staff of public institutions can also sign contracts, but this is the same as ordinary enterprises, and it can be terminated at any time. Public institutions are required to sign a contract with the staff, and the term is generally not less than 3 years.

The establishment of undertakings refers to the establishment of personnel for the creation or improvement of production conditions, the enhancement of social welfare, and the satisfaction of the people's cultural, educational, and health needs, and the funds are generally used by the units that spend the state's operating expenses.

Article 9 of the Regulations on the Personnel Management of Public Institutions Public Institutions shall conduct the recruitment of staff in accordance with the following procedures:

1) Formulate an open recruitment plan;

2) Publish recruitment information such as recruitment positions and qualifications;

3) Review the qualifications of candidates;

4) Examinations and inspections;

5) Physical examination; 6) Publicize the list of personnel to be hired;

7) Conclude an employment contract and go through employment procedures.

Article 20: Public institutions shall, in accordance with the job responsibilities and tasks stipulated in the employment contract, comprehensively evaluate the performance of their staff, with emphasis on work performance. Evaluations shall hear the opinions and evaluations of service recipients.

Article 10 Where candidates for posts are produced within a public institution and need to be recruited through competition, the following procedures shall be followed:

1) Formulate a plan for competitive recruitment;

2) Publish information such as competitive positions, qualifications, and employment periods in the unit;

3) Review the qualifications of the candidates;

4) Evaluation; 5) Publicize the list of personnel to be hired in the unit;

6) Handle the formalities of appointment.

This is the practice in the process of reform and transition of public institutions, that is, the so-called dual employment system. On the one hand, it is the identity of the business, and on the other hand, it implements and implements the management of labor contracts. With the completion of the restructuring of public institutions, this phenomenon will disappear.

After all the reforms are in place, the employees will either be public institutions, civil servants, or enterprise employees.

Legal analysisThe establishment of public institutions is to determine the personnel relationship between public institutions and individuals by signing employment contracts. The employment contract does not determine the employment relationship, but the personnel relationship, and the employment contract is not subject to the Labor Contract Law. Legal features of the employment contract:

As a form of contract, the employment contract has the common legal characteristics of general contracts, which are mainly manifested in the following aspects: 1. The employment contract is a legal act of the two parties expressing the same intention, rather than a unilateral legal act. The conditions for the establishment of an employment contract are the same as those for the general contract, and the employment contract is only established when both the public institution and the personnel to be hired have the same intention and voluntarily reach an agreement.

2. The legal status of both parties in the employment contract is equal, which is the premise for both parties to freely express their will, and it is also an important basis for both parties to realize their rights and obligations. A public institution is the employing party, but this does not mean that the legal status of the unit is higher than that of the employing personnel, and it can arbitrarily impose its will on the other party. 3. The employment contract is different from the general contract, according to the provisions of the Contract Law, the contract is an agreement between natural persons, legal persons and other organizations that are equal subjects to establish, modify or terminate the relationship of civil rights and obligations; Other legal provisions shall apply to the agreement regarding the relationship of identity.

4. The employment contract is an agreement with a subordinate relationship between the unit and the employee, which belongs to the scope of the identity relationship agreement, so there is an important difference between the employment contract and the contract that adjusts the relationship of civil rights and obligations.

Legal basisLabor Contract Law of the People's Republic of China Article 96 Where a public institution concludes, performs, modifies, dissolves or terminates a labor contract with a staff member who implements the employment system, and is otherwise provided for by laws, administrative regulations or the Ministry of Labor Contract, such provisions shall prevail; Where no provisions are made, follow the relevant provisions of this Law.

The conclusion of the contract includes a probationary period of five years. According to Article 12 of the Employment Contract in Chapter IV of the "Regulations on the Personnel Management of Public Institutions", the term of the employment contract concluded between a public institution and its staff shall generally not be less than three years. Article 13 stipulates that if a staff member who is employed for the first time and has an employment contract with a public institution for a period of more than three years, the probationary period shall be 12 months.

The minimum service period on the job is 5 years, which means 4+1 (probationary period) = 5 years.

The establishment of the business is also hired, that is, this kind of employment is different from that of ordinary enterprises, unless it is a serious mistake or other special reasons will be dismissed, otherwise until retirement, the unit of an ordinary enterprise can terminate the contract at any time, and the non-staff of the public institution also signs a contract, but this is the same as that of an ordinary enterprise, and it can also be terminated at any time.

Legal analysis: If a public institution has an establishment, it is also necessary to sign a contract. A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

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

Article 3 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.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the labor department have signed a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

According to the Labor Contract Law of the People's Republic of China: early skin.

Clause. 2. Article 10: A written labor contract shall be concluded for the establishment of labor relations.

Is it illegal for a public institution without an employment contract? State organs, public institutions, social organizations and workers who have established labor relations with them shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, and good faith in entering into labor contracts at the source. Article 14:

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.

Article 41: When laying off personnel, priority shall be given to those who have concluded a longer fixed-term labor contract with their own unit and those who have concluded an indefinite-term labor contract with their own unit.

Article 82: If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If a public institution has not signed a contract, you can take the "Regulations on the Personnel Management of Public Institutions".

Article 12 The term of employment contracts concluded between public institutions and their staff members shall generally not be less than three years.

Article 13 The probationary period shall be 12 months for a staff member who has entered into an employment contract with a public institution for a period of more than three years.

Article 14 : Where a staff member of a public institution has worked in his unit for 10 consecutive years and is less than 10 years away from the statutory retirement age, and proposes to conclude a contract of employment until retirement, the public institution shall conclude a contract with him until he or she retires.

Article 15 Where a staff member of a public institution is absent from work for more than 15 consecutive working days, or is absent from work for more than 30 working days in a year, the public institution may terminate the employment contract.

Article 16 If a staff member of a public institution fails to pass the annual appraisal and does not agree to the adjustment of his or her post, or fails to pass the annual appraisal for two consecutive years, the public institution may terminate the employment contract by giving 30 days' written notice.

The staff of a public institution may terminate the employment contract by notifying the public institution in writing 30 days in advance. However, unless otherwise agreed by both parties on the termination of the employment contract.

Article 18 Where a staff member of a public institution is dismissed, the employment contract shall be terminated.

Article 19 : From the date on which the employment contract is dissolved or terminated in accordance with law, the personnel relationship between a public institution and the personnel whose employment contract has been dissolved or terminated shall be terminated.