Is it valid to sign an employment contract with the company and ask the employee to write a letter o

If the company is required to write a guarantee that the accident has nothing to do with the company, this requirement has violated the labor protection clauses in the contract and is invalid.

Legal analysis

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

The subject of the labor contract is the parties to the labor legal relationship: the employee and the employer. The subject of an employment contract is different from the subject of other contractual relationships:

First, the subject of the labor contract is a specific citizen who is prescribed by law, and an organization that does not have the right to employ labor cannot sign a labor contract; Second, after the labor contract is signed, the subjects are administratively subordinate to each other, and the employee must obey the administrative management of the employer in accordance with the law. In accordance with the requirements of the reform of the labor contract system, the workers who need to sign labor contracts include: newly recruited workers, original permanent workers, and special personnel with the status of original permanent workers.

Labor contracts are an important means to promote the rational allocation of labor resources. Employers can determine the conditions and methods for hiring workers according to their deep business or work needs, and make reasonable use of labor force by signing labor contracts of different types and durations.

Legal basis

Labor Contract Law of the People's Republic of China

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

Article 17 The labor contract shall contain the following provisions: (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 term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

When signing a labor contract with the company, the company requires the employee to write a letter of guarantee to ensure that the employee has nothing to do with the accident of the employee. This in itself is an invalid guarantee, if the company has purchased five insurances and one housing fund for you according to the law, then, when you have an accident caused by work, social security will pay for it. If the company does not purchase five insurances and one housing fund, then, if the employee has an accident, will the law not hold the company accountable because the company requires the employee to sign such a guarantee?

It is an invalid agreement, and if the accident occurs at the workplace or on the road, during working hours, the company's responsibility cannot be shirked.

The fully customized contract is invalid, you are at work at the same time, he wants to buy you five insurances and one housing fund, then there is accident insurance in terms of insurance, so he said that the contract is invalid, because now the state requires the boss to buy insurance for employees.

The content of this guarantee violates the existing national labor and social security laws and regulations and is an invalid agreement.

Summary. Employees are reluctant to sign accident insurance, so writing an agreement has nothing to do with the company.

The company shall pay insurance for its employees, which is mandatory under the Labor Contract Law. Any agreement that conflicts with the provisions of the law is null and void. No matter how the agreement is written, as long as it is in conflict with the law, the court will rule that the agreement is invalid, and the failure to purchase accident insurance for the employee will be punished.

It must be enforced, otherwise it is the responsibility of the employer if something goes wrong.

Employees are reluctant to sign accident insurance, and how to write an agreement has nothing to do with the company.

Employees are reluctant to sign accident insurance, so writing an agreement has nothing to do with the company, as follows: Qinqin Gongliang Chanchun Division should pay insurance for employees, which is mandatory in the Labor Contract Law. Any agreement that contravenes the law is indispensable. No matter how the agreement is written, as long as it is in conflict with the law, the court will rule that the agreement is invalid, and the failure to purchase accident insurance for the employee will be punished.

It must be enforced, otherwise it is the responsibility of the employer if something goes wrong.

Legal Analysis: Employers should purchase insurance for their employees in accordance with the law. Employee accident insurance refers to the insurance company that pays the insurance benefits after the death, disability, medical expenses or temporary loss of working ability caused by the accidental injury caused by the company's accident insurance for the company's employees in order to pass on the risk. Employee accident insurance is a kind of accident insurance, which is an accident insurance purchased by an enterprise for employees, and it also belongs to accident insurance.

The insured of employee accident insurance is the employee, which is based on the body of the insured as the subject of insurance, and the insured is entitled to the death, disability, medical expenses or temporary loss of working ability caused by the accidental injury. According to this definition, accident insurance covers death, disability, medical and work stoppage. The risk covered by accident insurance is accidental injury.

Generally, the insurance company's accident insurance product defines accidental injury as "injury to the body caused by an external, sudden, and unintentional objective event as a direct and independent cause".

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Summary. Employee voluntarily does not buy accident insurance agreement, write this voluntary not to buy insurance commitment, employee's name: ID number, unit name, date of signing the labor contract:

From YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY Received the company's insurance subsidy in January, which has been included in the salary.

Therefore, the company voluntarily asks the company not to purchase such social insurance insurance for the duration of employment. I promise that the company has not purchased social insurance for me in accordance with the requirements of this commitment. As a result, the consequences and responsibilities of not enjoying social security benefits shall be borne by me, and all losses and legal liabilities caused to myself and the company shall have nothing to do with the company, and all the consequences shall be borne by myself.

3. I sign this letter of commitment out of my own true intentions, and it will take effect immediately from the date of signing. Applicant (Signature): Company Approver.

Company seal Next Date: Year, Month and Date (This agreement is in duplicate, one for each party, and takes effect immediately from the date of signing, which has legal significance.) In case of unilateral breach of contract, voluntarily bear the legal consequences.

Employees are reluctant to sign accident insurance, and how to write an agreement has nothing to do with the company.

Hello. Employee voluntarily does not buy accident insurance agreement, write this voluntary not to buy insurance commitment, employee's name: ID number, unit name, date of signing the labor contract:

YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY Received the company's insurance subsidy in January, which has been included in the salary.

Therefore, the company voluntarily asks the company not to purchase such social insurance insurance for the duration of employment. I promise that the company has not purchased social insurance for me in accordance with the requirements of this commitment. As a result, the consequences and responsibilities of not enjoying social security benefits shall be borne by me, and all losses and legal liabilities caused to myself and the company shall have nothing to do with the company, and all the consequences shall be borne by myself.

3. I sign this letter of commitment out of my own true intentions, and it will take effect immediately from the date of signing. Applicant (Signature): Company Approver.

Company seal Next Date: Year, Month and Date (This agreement is in duplicate, one for each party, and takes effect immediately from the date of signing, which has legal significance.) If you unilaterally violate the Buchen agreement, you will voluntarily bear the legal consequences of stupidity.

I bought an accident insurance for the workers.

And then what. The worker is asking for compensation, and the insurance will not pay for it.

Broken finger.

Insurance doesn't mean anything yet.

The insurance company said that it would only accompany 10,000 yuan when it reached level 10.

Have you made an insurance claim?

Well. Is there a work injury?

Didn't pay work-related injury insurance?

Labor cases can be handled by themselves, the same can win, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!

1. Because the unit violated the law first, you can leave immediately after you leave the company in writing, and ask the unit to pay your arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages for repentance, etc.;From the time you leave your job, the statute of limitations for labor arbitration is one year!

2. The premise is that there is evidence to prove the labor relationship!For example, tooling with the name of the company, work card or work card (preferably with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).

3. Applying for labor arbitration is very simple: bring the labor arbitration application form, a copy of the ID card, relevant evidence, and industrial and commercial registration information, and then go to the local arbitration commission to apply for a caseAfter the case is filed, you go to find a new job without delaying anything!

Legal basis: Labor Contract Law:

Article 10 In establishing a labor relationship, a written labor training contract shall be concluded.

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.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.

The company deducts the money and asks it to issue a receipt. You can get back your application for arbitration with this receipt and the 'Letter of Guarantee'.

The labor law stipulates that the compensation cannot exceed the training fee, and after deducting the period of service you have served, if you want to resign, the company will deduct the money arbitrarily, and you can report it to the local labor department.

The guarantee is likely to be an invalid document, and the agreed liabilities and expenses need to comply with the corresponding provisions of China's labor contract law, and the company must also have corresponding proof that it has provided professional training.

In general, it is unlikely that the company will sue the employee on the basis of the guarantee, and if the employee resigns from the company, the employee can refuse to charge indiscriminately.

This guarantee has no legal effect at all. It is signed privately and is not protected by law, why can't your unit sign a labor contract? Isn't it a legitimate production and processing enterprise?

In order to protect the rights and interests of workers, the state requires individuals to pay social security, which is a system followed by thousands of cities across the country. Labor disputes may arise in the event of a work-related injury, can you protect your own interests? Generally, the contract signed by the enterprise is beneficial to itself, why did you choose that company in the first place?

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