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The labor contract shall be filed with the Labor and Social Security Bureau and handled at the Labor and Social Security Center of the district where the unit is located. Generally, it is necessary to bring the business license of the unit, the organization certificate, the power of attorney, the labor contract, etc. Only after the labor contract is filed can the procedures such as social security payment be handled.
1. Basis for filing: "Labor Contract Filing and Registration System".
2. Filing conditions:
Enterprises within the jurisdiction and branches of foreign-invested enterprises in other places within the jurisdiction and workers who have formed labor relations with them.
3. Application materials:
1. The newly established employer shall provide a copy of the business license issued by the administrative department for industry and commerce. If it is a legal entity, the identity certificate or power of attorney of the legal representative shall be provided at the same time; If it is not a legal entity, the identity certificate of the principal responsible person and the power of attorney of the competent department at a higher level shall be provided at the same time;
2. Recruitment of personnel for the record, labor contract filing roster (in quadruplicate) and the text of the labor contract;
3. If the employee is accepted by the new employer within 10 days of terminating or terminating the labor contract with the original employer, the employee shall hold a certificate of dissolution or termination of the labor contract;
4. The employer and the employee shall go through the labor contract filing procedures within 10 working days after signing the labor contract;
5. In the process of merger, division, merger, joint venture, cooperation and restructuring of the employer, the employees collectively transfer the work unit, etc., the relevant documents or certificates shall be presented;
6. If the labor contract is changed, the employment record of the original recruits, the labor contract filing roster, the labor contract change (renewal) roster (in duplicate), and the labor contract text shall be held;
7. If the labor contract is renewed, the original employment record of the recruited personnel, the roster of labor contract change (renewal) (in duplicate) and the renewed labor contract shall be held. )
Handling procedures: 1, application 2, acceptance 3, examination 4, acceptance. Time limit for commitment: meet the conditions and complete materials.
Fees: No charge.
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You need three copies of labor Hefei, one point of the registration roster of hired personnel, one copy of the registration form of hired personnel, a copy of the ID card, one copy of the labor contract information management report (electronic version), and one inch ** (if you need to do social security, bring three).
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1. A copy of the copy of the employer's business license (one copy);
2. Identity certificate of the legal representative (or person in charge or investor) of the employer (one copy);
3. Power of attorney of the entrusting person (one copy);
4. Labor Contract signed between the employer and the employee (one copy);
5. Holders of the original "Unemployment Certificate" and "Reemployment Preferential Certificate" and a copy of a valid ID card of the laborer, who meet the requirements.
The labor contract verification fee can be waived;
Note: Workers who do not have an "Unemployment Certificate" should go to the Shuicheng County Employment Bureau to apply for the "Unemployment Certificate" in time with 2 recent ** and 1 copy of the household registration booklet.
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Labor contracts do not necessarily need to be filed with the labor bureau. A labor contract is an agreement signed between citizens, legal persons, and citizens and legal persons who are equal subjects for the provision of labor services. In the usual sense, it refers to an employment contract, which is governed by the Civil Code.
[Attack refers to the legal basis].Article 464 of the Civil Code of the People's Republic of China.
A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship.
Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Article 465 of the Civil Code of the People's Republic of China.
Contracts made or established in accordance with the law are protected by law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
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1. Labor contracts signed by enterprises within the jurisdiction and branches of foreign-invested enterprises in other places within the jurisdiction and workers who have formed "labor relations" with them. 2. Materials required for the filing of the labor contract: 1. The newly established employer shall provide a copy of the business license issued by the administrative department for industry and commerce.
If it is a legal lead person unit, the identity certificate or power of attorney of the legal representative shall be provided at the same time; If it is not a legal entity, the identity certificate of the principal responsible person and the power of attorney of the competent department at a higher level shall be provided at the same time; 2. Recruitment of personnel for the record, labor contract filing roster (in quadruplicate) and the text of the labor contract; 3. If the employee is accepted by the new employer within 10 days of terminating or terminating the labor contract with the original employer, the employee shall hold a certificate of dissolution or termination of the labor contract; 4. The employer shall go through the labor contract filing procedures within 10 working days after signing the labor contract with the Tongxun employee; 5. In the process of merger, division, merger, joint venture, cooperation and restructuring of the employer, the employees collectively transfer the work unit, etc., the relevant documents or certificates shall be presented; 6. If the labor contract is changed, the employment record of the original recruits, the labor contract filing roster, the labor contract change (renewal) roster (in duplicate), and the labor contract text shall be held; 7. If the labor contract is renewed, the original employment record of the recruited personnel, the roster of labor contract change (renewal) (in duplicate) and the renewed labor contract shall be held. )
Article 16 of the Labor Contract Law of the People's Republic of China The labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the same text of the Labor Cooperation Bureau. The employer and the employee shall each hold one copy of the labor contract. Article 17 of the Labor Contract Law of the People's Republic of China The labor contract shall have the following clauses:
1) The name, address, 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.
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The employer submits the business license, the organization certificate, the employment registration procedures and the proof that the employee does not have an employment relationship with other labor units, and the employer and the employee sign the labor contract (in duplicate), and the labor relations department of the human resources and social security bureau shall affix the special seal of "labor contract filing" to the labor contract after review. The employer and the employee shall each hold one copy, and the labor contract shall come into effect.
1. Can the labor contract be found?
The employment contract cannot be checked online. If the employee and the employer terminate the labor contract, the employer will usually go through the resignation procedures for the employee and stop paying the social insurance.
2. The labor contract can be found in **.
1.Contact the personnel of the human resources department of the enterprise that originally signed the labor contract to make inquiries, and the employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
2.If the labor contract is filed with the human resources and social security bureau where the enterprise is located, the employee can apply for an inquiry at the local human resources and social security bureau with his ID card.
Lao Nian Huai Dong Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded in order 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.
Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.
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