The main content of the new labor law, what are the contents of the labor law

Labor law, also known as labor law, generally refers to legal provisions related to labor matters. These legal provisions govern the relationship between trade unions, employers and employees, and protect the rights and obligations of all parties. Labor laws vary from country to country, but most of them include the following basic elements:

Labor and Employment Law, Labor Contract Law, Working Hours and Rest Period System, Labor Remuneration, Labor Safety and Health Procedures, Special Protection System for Female Workers and Juvenile Workers, Labor Discipline and Reward and Punishment System, Social Insurance and Labor Insurance System, Employee Training System, Trade Union and Employee Participation in Democratic Management System, Labor Dispute Settlement Procedures, and Supervision and Inspection System for the Implementation of Labor Law, etc.

After the founding of the People's Republic of China, China successively enacted a series of labor laws and regulations, such as the Regulations on Labor Insurance, the Regulations on the Supervision of Labor Security, the Law on Mediation and Arbitration of Labor Disputes, the Special Provisions on the Labor Protection of Female Employees, the Labor Law, and the Labor Contract Law. In a narrow sense, the Labor Law only refers to the Labor Law of the People's Republic of China.

Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.

Article 2 of the Labor Law of the People's Republic of China This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them.

State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided for by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.

Article 5 The State shall adopt various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

Article 6: The State encourages laborers to participate in social compulsory labor, carries out labor competitions and rationalization suggestion activities, encourages and protects laborers to carry out scientific research, technological innovation, and inventions, and commends and rewards model workers and advanced workers.

Article 7 Workers have the right to join and organize trade unions in accordance with law.

Trade unions represent and safeguard the legitimate rights and interests of workers, and carry out activities independently and autonomously in accordance with the law.

Article 8 In accordance with the provisions of law, workers shall participate in democratic management or negotiate on an equal footing with employers on the protection of the legitimate rights and interests of workers through the workers' congress, the workers' congress or other forms.

The content of the labor contract, that is, the terms that must be possessed, are mainly based on the provisions of Article 19 of the Labor Law, which determines that the legal form of the labor contract is in written form, and there are 7 necessary clauses: 1) The term of the labor contract The law stipulates that the contract term is divided into three types: there is a fixed term, such as a 1-year period, a 3-year period, etc.; There is no fixed term, the contract period does not have a specific time agreement, only the conditions for the termination of the contract are stipulated, and unless there are special circumstances, the contract of such a period shall continue until the employee reaches the retirement year; The deadline is to complete the work assigned by a brigade cover, such as:

The term of the labor contract signed between the labor service company and the expatriate employee is terminated by the dissolution or termination of the labor contract, and the term of this contract belongs to the type of term for the completion of a certain work. When the employer and the employee negotiate and choose the term of the contract, they should agree on it according to the actual situation and needs of both parties. (2) Work content In this essential clause, the two parties may agree on the quantity and quality of work, the position of the worker, etc.

When agreeing on a job, you can agree on a broad concept of the post, or you can sign a short-term post agreement as an annex to the labor contract, and you can also agree on the conditions under which the terms of the post can be changed, etc. Mastering this skill of concluding an employment contract can avoid disputes arising from over-employment agreements and inconsistent negotiation of the terms of changing positions. (3) Labor protection and working conditions In this regard, it is possible to stipulate working hours, rest and leave regulations, various labor safety and health measures, labor protection measures and systems for female workers and juvenile workers, and the necessary conditions for labor and work provided by employers for workers in different positions.

4) Labor remuneration This essential clause may stipulate the standard wages, overtime wages, bonuses, allowances, and subsidies of the workers, as well as the payment time and payment method. (5) Labor Discipline This clause shall stipulate the rules and regulations formulated by the employer, and may be in the form of printing the internal rules and regulations in a book and abbreviating them as annexes to the contract. The above is the answer to the content of the labor law and the labor contract.

Labor Contract Law

Article 10. To establish a labor relationship, a written labor 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.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Labor Contract Law

Article 16. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.