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Article 72 of the Labor Law, social insurance determines funds according to the type of insurance, and gradually implements social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. Article 73 of the Labor Law stipulates that workers shall enjoy social insurance benefits in accordance with the law under the following circumstances:
Retire; sickness, injury; Occupational disability or occupational disease due to work-related injury; Unemployment; Procreate. After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law. The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations.
Social insurance contributions must be paid in full and on time. Article 38 (3) of the Labor Contract Law The employee may terminate the labor contract under any of the following circumstances: :(1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law; The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; The labor contract is invalid due to the circumstances specified in the first paragraph of Article 20 of this Law; Other circumstances under which the employee may terminate the labor contract as provided by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threat, or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer. Article 46 (1) of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or raises the agreed conditions of the labor contract and renews the labor contract and the employee does not agree to renew it; (6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.
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Legal analysis: The contents of the labor contract of the railway bureau should include: 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 duration of the employment contract; 4.
the content of the work and the place of work; 5.working hours, rest and leave; 6.remuneration for labor; 7.
social insurance with delay insurance, etc.
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, consistency, 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 an employer concludes a labor contract with a labor contractor before employment, the employment 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.
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Legal Analysis: Duration of the employment contract. That is, the validity period of the employment contract.
Job description. That is, the position (type of work) that the employee is engaged in during the validity period of the labor contract, as well as the quantity and quality indicators that the work should achieve or the tasks that should be completed. Labor protection and working conditions.
remuneration for labor; Labor discipline. Conditions for the termination of the employment contract.
Liability for breach of employment contract.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
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Are you talking about business and you? Or do you want to work with businesses? If the company terminates you, it means that you have violated the terms of the contract with you or violated the law.
If you want to terminate with the company, then it's casual, you can raise it at any time, you don't need any reason, but you have to think twice, and if you are a party member, you have to think twice.
It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.
According to the relevant provisions of China's "Labor Contract Law", employees have the right to resign, and according to the relevant documents, the enterprise has no right to economic penalties, so according to the situation you mentioned, you only need to submit a resignation application one month in advance, and you cannot ask for economic compensation, and you do not need to bear liquidated damages. >>>More
It is necessary to confirm the employment relationship first, but based on the evidence you mentioned, it is more likely that the employment relationship will be confirmed, and if the employment relationship can be confirmed, the work-related injury can be determined.
It is expressly stipulated in the law that the contract cannot be terminated during the medical treatment. If the dismissal on the grounds that the unit fails the assessment is a deliberate circumvention of the law and a serious violation of the law, there is also a sentence after the unqualified training, requiring the unit to arrange another job. Compensation is based on the premise of termination of the contract, and it is related to the length of service years, so it is difficult to compare which compensation is more.
There is a difference in the labor contract, understand it, and reduce the risk.