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The labor law does not stipulate that if an employee has signed a labor contract with an enterprise, it is illegal for an employee to start a new business. However, if the employee establishes an employment relationship with the enterprise and starts a new business in violation of the rules and regulations of the enterprise, the enterprise may terminate the labor contract with the employee in accordance with the law. Therefore, the parties can verify it on their own according to the actual situation and relevant legal provisions.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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If you have signed a labor contract with an enterprise, you can no longer establish labor relations with other enterprises. The company you are talking about, if it does not affect the entrepreneurship of the job, such as setting up the beach at night, or using the spare time to make some extra money, as long as it does not affect the work, it is okay.
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There is a clause in it that you cannot engage in third-party occupations.
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I signed a labor contract with the company.
It is not illegal to open a company again.
If you sign a labor contract with the company, as long as you fulfill your obligations as agreed in the contract, there is no problem. You can only contribute capital as a shareholder to start a company, or you can work in the company you open.
If the performance of the labor contract with the original employer is affected after taking office, the labor contract may be terminated in accordance with the law.
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It is no problem to see if the company has a non-compete restriction and does not affect the company's work, otherwise it will not work.
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If you don't affect your own work and don't cause trouble to the company, you can also start your own business.
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Summary. Hello dear, give the following reply based on the problem you described; No. A self-employment contract is a contract in which two or more parties agree to hire employees and have the obligation to pay wages and provide benefits.
Therefore, they are different and do not affect each other. <>
Hello dear, give the following reply based on the problem you described; No. The self-employment contract is a contract of independent and self-management, and the labor contract is a contract agreed by two or more parties, and the employer employs employees and is obliged to pay wages and provide benefits. Therefore, they are different and do not affect each other.
Hello, legal analysis: The labor contract refers to the civil contract of service provided to the society in the form of labor, which is reached by the parties in the case of equal consultation, and the agreement reached on a certain Jingzen service and the results of the labor service. It is generally generated between units of independent economic entities, between citizens, and between them.
From the perspective of the application of law, the labor contract is applicable to other civil laws, while the labor contract is applicable to the adjustment of the labor law and relevant administrative regulations. <>
Dear, hello, the basis of the law: The labor contract is formulated in accordance with the Civil Code and the Labor Contract Law of the People's Republic of China. Contracts established in accordance with the law are protected by law; In order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations, the relevant labor laws have been formulated.
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