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Let's start with the most basic questions:
Clause. 1. The contract is normally in duplicate.
Clause. Second, the basic salary question, as long as you want, you can fill in it like this.
Explain why the company does this:
Clause. 1. The labor contract is one of the important evidence to prove the existence of labor relations between you and the company, and not giving it to you is to prevent labor disputes in the future. This is generally to prevent the problem of double wages, and if there are other reasons, not giving a labor contract will not solve the problem at all.
Clause. Second, combined with what you said about wage issues, labor dispute cases, the key to calculating the amount is the basic salary, so many companies now only write the minimum wage, which is the most basic measure to avoid employment risks.
Clause. 3. Combined with the second point, when there is a labor dispute, it doesn't matter if you don't have a contract in hand, even if you are given a copy. The company will naturally use the basic salary agreed in the contract, combined with attendance, legal working hours, overtime wages, etc., to come out with a virtual salary, and the total amount is the same as what you actually charge.
But when you receive the agreed 3,000 yuan, the company will tell you: 3,000 will be 3,000, don't worry. Will you still be entangled in the agreed minimum wage at this time?
By extension, you can pay attention to it yourself:
Clause. 1. Don't be afraid if you don't have the labor contract in hand, the terms of the labor contract, the company's employee handbook, etc., as long as they violate national laws and regulations, are invalid, even if you signed it, it doesn't matter. Some provinces have already issued rules and regulations that prohibit employers from imposing fines on employees.
Clause. Second, the key point is the basic salary.
Clause. 3. The company pays wages in cash or by transfer or a combination of both. The payroll must be kept, and the transferee must see who transferred it to you, whether it is the company or the company's finances.
Since you don't have an employment contract in hand, if someone who has nothing to do with the company pays you, you know the consequences. But when the company buys social security for you in its own name, this problem can be ignored.
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Yes, you can make a request. If you sign after 1 month, your salary will be doubled until the 2nd month. Remember to ask what insurance you have and a minimum number of hours to work.
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If you only have one contract, it will be very disadvantageous for you, but basically companies are doing this now, and you need to pay attention to whether there is an agreement such as a job transfer in the specific contract terms; There may be several reasons for the minimum wage standard agreed on in wages: 1. When you go to the Social Security Bureau to file and pay social security, the standard is low, and the company pays low fees; 2. In the event of a dispute between the employee and the company, the company shall pay compensation or the standard of compensation shall be subject to the contract agreement, which is beneficial to the company. The downside is obvious: your rights are not protected in writing.
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In the event of a labor dispute, you may be in a vulnerable position, and the other party may use the minimum wage agreed in the contract as the basis for calculating the relevant compensation.
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1. The contract must be returned, which is a must, a must.
2. The company is generally like this, so you can use performance to deduct your salary, you may be dissatisfied with the company, which will lead to lower performance appraisal and less than 3,000. Overtime pay will be based on the basic salary, which will be relatively low, but this is the usual practice of the company, and there are also vacation compensations and so on. That's the downside.
3. Like others, the severance will also be determined according to your actual salary, so don't worry about this.
If you don't understand, just ask.
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Legal Analysis: Not a must-go. After going to the interview, the contract was signed without officially going to work, and it should be said that it was only an intentional labor contract, and there was no contract that really established a de facto labor relationship, and the labor relationship has not yet taken effect.
If it is clear that the employee does not go, the employee needs to notify the employer in writing 30 days in advance, and the labor contract may be terminated. During the probationary period, the employee may terminate the employment contract if he or she notifies the employer three days in advance.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. 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 employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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Legal analysis: Depending on the situation, the contract will not be signed during the interview, unless the employment has been confirmed on the spot. Once the labor contract is signed, it means that the labor relationship has been established, and both parties have to start to perform the duties of each party.
Therefore, if the other party proposes to sign the contract during the interview, you can weigh whether the employer is good or not.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. 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 and an employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
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