On the conclusion of the employment contract question 10

According to Article 7 of the Labor Contract Law, the employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference. Article 19 Where the term of a 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.

In other words, you should sign an employment contract from the day you come to work in the unit!

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

According to the above provisions, as long as your employer violates the above provisions, you can terminate the contract in accordance with the law.

The probationary period must be signed. If you don't have a contract, you can't get insurance. If you sign it, you can resign one month in advance, and it will not be considered a breach of contract.

Insurance can also be paid by individuals, and it is not necessary to have a contract, but the company needs to sign a contract for unified handling.

Regarding the conditions for signing a labor contract, the following points must be noted: 1. The additional clauses should be clearly understood. In the employment contract, there are generally some additional clauses, and the job seeker must ask the company to come up with the original text before signing, and after carefully reviewing and having no objections, it must be stamped and retained as a basis.

It is necessary to carefully check whether there are any missing agreed matters or additional explanations, and those that need to be completed immediately must not be delayed. 2. Signing in person and stamping is indispensable. When a job seeker gets a contract, he or she should have the company and its person in charge sign and seal it in person with him, so as to prevent some companies from using the time they have signed successively to manipulate the contract (change the number, time, etc.).

At the same time, carefully identify the official seal of the unit to see if it is consistent with the unit you are about to enter. Because it is often found afterwards that there will be many branches, subordinate units or business departments under the same legal person Wukong faction unit, and many workers are reluctant to enter all the departments. 3. Numbers must be capitalized.

After the contract is signed, some companies will seize the time gap and change the numbers on the contract to make the job seekers suffer a "dumb loss", so job seekers must use capital Chinese characters when signing the contract involving numbers. 4. The conditions and time of the contract to take effect. Some contracts require registration in order to enter into force, and the timing relates to issues such as the duration of the interest and the renewal of the contract, which require due attention.

Article 2 of the Notice on Matters Concerning the Establishment of Labor Relations shall refer to the following factors for the establishment of a de facto labor relationship: if the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) the proof or record of wage payment and the record of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the employer's recruitment "registration form" and "registration form" filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

According to the Labor Contract Law of the People's Republic of China, an employer and an employee shall sign a written employment contract, and shall specify the terms and conditions of the employment contract, such as the term, work content, work location, working hours, labor remuneration, and social insurance. Therefore, it is illegal for an employer to only sign a labor contract without signing a labor contract, and it has no legal effect.

In addition, the employer's requirement that you need to work for one year does not fall within the scope of the labor law. Therefore, such a provision is also illegal.

When you choose a job, you should understand your rights and interests, follow labor laws and regulations, and should not be forced to sign illegal or unreasonable labor contracts. It is advisable to communicate with your employer to request a formal employment contract, and if you are unable to reach an agreement, consider looking for other job opportunities.

According to the Labor Contract Law of the People's Republic of China, an employer and an employee shall sign a written employment contract, and shall specify the terms and conditions of the employment contract, such as the term, work content, work location, working hours, labor remuneration, and social insurance. Therefore, it is illegal for an employer to only sign a labor contract without signing a labor contract, and it has no legal effect.

In addition, the employer's requirement that you need to work for one year does not fall within the scope of the labor law. Therefore, such a provision is also illegal.

When you choose a job, you should understand your rights and interests, follow labor laws and regulations, and should not be forced to sign illegal or unreasonable labor contracts. It is advisable to communicate with your employer to request a formal employment contract, and if you are unable to reach an agreement, consider looking for other job opportunities.

A labor contract generally refers to a temporary employment contract, and if a dispute arises, it is a civil contract dispute, not a labor contract dispute, that is, the two parties have equal legal status, there is no subordinate relationship, and the party providing labor services does not need to become a member of the employing unit. The labor contract means that the employee must abide by the rules and regulations of the employer, and the two parties are subordinate to the leader and the led, and the dominant and the dominated, and the employer has the legal responsibility to pay social insurance for the employee. At the same time, disputes arising from labor contracts are generally subject to pre-arbitration, while labor contract disputes do not need to be resolved directly in the court.

Of course, the signing of a labor agreement does not necessarily mean a labor contract relationship. For example, whether the employer is responsible for the company's specific operation and management affairs, whether it is subject to the company's rules and regulations, whether the employer pays wages on a monthly basis and pays "five insurances and one housing fund", whether wages are the main living conditions, etc., and whether it conforms to the constituent elements of a de facto labor relationship. Generally speaking, it is advisable to sign a labor agreement as much as possible so that the worker can be protected, after all, it is more difficult to prove the de facto labor relationship.

According to the Labor Law of the People's Republic of China and relevant laws and regulations, the employment relationship between the employer and the employee shall be established on the basis of the employment contract, and the contract shall specify the rights and obligations of both parties. Therefore, it is not in accordance with the law for an employer to only sign a labor contract without signing an employment contract.

In addition, it is not legal for employers to stipulate that employees should lose double their wages if they have worked for less than a year. According to the Labor Contract Law of the People's Republic of China, an employer shall not collect any form of deposit from an employee or collect property from an employee in any other name. Employers also cannot restrict employees' right to leave their jobs freely by means of double compensation.

Therefore, these regulations of the employer are illegal and unreasonable, and you can ask the employer to refuse to sign such a contract and require the signing of an employment contract that complies with the law. If the employer insists on such a requirement, you can protect your legitimate rights and interests through labor dispute mediation, arbitration or legal means.

According to the Labor Contract Law of the People's Republic of China, an employer and an employee shall sign a labor contract, and the labor contract shall clearly stipulate the work content, work place, working hours, salary, social insurance, labor protection, working conditions and other matters.

A labor contract refers to a contract signed between a labor dispatch unit and an employing entity for the purpose of providing labor services to the employing entity. The main content of the labor contract is to stipulate the type, quantity, time, and place of dispatched labor, and the rights and obligations of the labor dispatch entity.

Therefore, in the case you mentioned, it is illegal for the employer to only sign a labor contract for you, but not for you. The employer and you should sign an employment contract, which should clearly stipulate your work content, work location, working hours, salary, social insurance and other matters to protect your labor rights and interests.

In addition, it is also illegal for the employer to stipulate that if the employee does less than one year, he will lose double the money. According to the provisions of the Labor Contract Law, the employer shall terminate the labor contract within the agreed time limit or for any reason, and the termination of the labor contract requires advance notice and payment of severance payment. If the employer violates the agreement and compels you to compensate for economic losses, it is unlawful.

If the employer insists on this practice, you can file a complaint with the local labor inspection department to protect your legitimate rights and interests. Look

According to the Labor Contract Law of the People's Republic of China, the employer and the employee shall sign a written labor contract. If you work in a custodian and work according to the company's arrangement, then you should sign an employment contract instead of a labor contract.

In addition, the employer's requirement to work for one year or double the amount of money is not in accordance with the relevant laws and regulations. According to Article 42 of the Labor Law of the People's Republic of China, "when an employer dissolves or terminates a labor relationship with an employee, it shall perform formalities in accordance with the relevant provisions of this Law and pay economic compensation to the employee." Therefore, under normal circumstances, an employer cannot require an employee to leave the company early and pay compensation without violating any agreement or disciplinary indiscipline.

1. The subject of the labor contract can be that both parties are units, or both parties are natural persons, or one party can be a unit and the other party is a natural person, and the subject of the labor contract is determined, and can only be the party receiving labor as a unit, and the party providing labor is a natural person. There is a major difference between the diversity of the parties to a labor contract and the fact that the labor party in a labor contract can only be a natural person. 2. The relationship between the two parties is different, the employee of the labor contract becomes a member of the employer after the establishment of the labor relationship, and must abide by the rules and regulations of the employer, and the two parties have a subordinate relationship between the leader and the led, and the dominant and the dominated; One party to a labor contract does not need to be a member of the other party to provide labor for the demander, and the legal status between the two parties is equal from beginning to end.

3. The subjects who bear the responsibility for labor risks are different. Since the parties to the labor contract have a subordinate relationship after the establishment of the labor relationship, the employee must obey the organization and control of the employer, so the risk responsibility in the process of providing labor must be borne by the employer. The party providing labor in the labor contract has the right to dispose of the labor at its own discretion, so the responsibility for labor risks is borne by itself. 4. The labor remuneration paid due to the labor contract is called wages, which is distributed according to work, and the wages are in addition to the amount agreed by the parties themselves, and other such as minimum wages and wage payment methods must comply with the provisions of laws and regulations; The labor remuneration paid in the labor contract is called the labor fee, which is mainly negotiated by the parties themselves, and the national law does not interfere too much.

5. The applicable law and dispute resolution methods are different. A labor contract is a type of civil contract, which is regulated by the civil law and the contract law, and disputes arising from the labor contract shall be heard by the people's court.

Hello! The company's practice is illegal, and you try to collect evidence of the existence of an employment relationship between you and the employer, and then apply for labor arbitration.

Article 3 of the Labor Contract Law stipulates that the following principles shall be observed in the conclusion of an employment contract:

1. Principle of legality:

The employment contract must be concluded in writing in accordance with the law. The subject is legitimate, the content is legitimate, the form is legitimate, and the procedure is legal. Only a legal employment contract can produce the corresponding legal effect.

An employment contract that is illegal in any respect is invalid and is not recognized and protected by law.

2. Principle of consensus:

Under the premise of legality, the conclusion of an employment contract must be the result of the consensus between the employee and the employer, and the expression of the "agreement" between the two parties cannot be the result of a unilateral expression of intent.

3. The principle of equality of the subject of the contract:

In the process of concluding an employment contract, the legal status of both parties is equal. Employees and employers are not in an unequal position because of their different natures, and neither party may coerce or coerce the other party, and it is strictly forbidden for the employer to impose restrictions or coercive orders on the employee. Only when equality of status is truly achieved can the labor contract concluded be fair.

Fourth, the principle of equivalent compensation:

The employment contract clarifies the status and role of both parties in the employment relationship, and the employment contract is a two-way paid contract, in which the employee undertakes and completes the labor tasks assigned by the employer, and the employer pays the employee a certain remuneration and is responsible for the amount of insurance for the employee.