Ask for help with a few questions about entering into an employment contract

1.If there is a signature from the employer, it is valid.

Clause. 1. If the person who signs the employment contract is the legal representative of the employer, since his behavior is directly regarded as the behavior of the employer, the signing of the employment contract by the legal representative proves the employer's recognition and consent to the employment contract. Even if the employer does not affix a seal, the employment contract is still valid.

Clause. 2. If the person who signs the employment contract is not the legal representative of the employer, but the staff or other staff of the personnel department of the employer, since these people cannot directly act on behalf of the employer in law, they must obtain prior authorization to sign the employment contract. However, as workers, it is difficult for us to know the status of authorization.

Therefore, the law tends to consider these signatures valid from the perspective of protecting the rights and interests of workers.

If not, the employee will be paid double wages for the period between one month and one year. After one year, you will be considered to have signed a fixed-term employment contract.

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. ）

2.No.

The same employer and the same employee can only agree on a probationary period once.

1. In such a situation, it is necessary to look after the probationary period, after all, both parties can terminate the contract at will during the probationary period.

2. Of course, the probationary period cannot be extended.

1. It is counted as not signed. The employer shall hand over a copy of the contract stamped or signed by the legal representative to you for safekeeping, and only then can it be considered that it has signed an employment contract with you. The signing of the contract is the act of both parties, otherwise how can it be called a contract?

Only you have to sign yourself, how can you bind the employer? Therefore, in the case you said, it is a labor contract that has not been signed.

Therefore, if you have been working for the employer for more than one month, the employer should pay you double the salary for the part that exceeds one month.

2. The employer and the employee can only agree on a probationary period once, so the probationary period cannot be extended. In your case, because the employment contract has not been signed, there is no question of extending the probationary period.

A unilateral contract is not valid.

1. The probationary period contract is included in the formal contract, and the probationary period shall not be separately agreed. However, according to your description, you signed a three-year employment contract, and there is nothing wrong with the employer, and your doubts lie that the salary agreement after the probationary period is not clear, but this is allowed by the labor contract law.

2. The Labor Contract Law does not stipulate how to determine the salary after the probationary period.

3. The Labor Contract Law stipulates that the salary during the probation period shall not be less than 80% of the salary after regularization, nor shall it be lower than the lowest wage of the same position.

It is not possible to make it separately.

The question you are talking about can be contracted by quantifiable criteria. For example, how much sales performance has been achieved, and what is the salary after becoming a regular; In this way, it is easy to say, if the company insists on not putting the salary on paper, it is not clear that it wants to cheat you.

In addition, the state stipulates that the salary during the probation period cannot be less than 80% after the regularization, that is, your salary after the regularization cannot be higher than 4375.

The contract is one, and the probationary period is only part of it, and the two parties agree that the salary during the probationary period is 80% of the salary after the regularization; It is recommended that you go to my library for the next contract sample, and besides, if you have the ability, you don't need to look at the contract, and you can negotiate with the company after the salary is regularized.

1 It is not possible to sign separately.

2. There are clauses in the contract that can stipulate the salary standard after the probationary period, which can be signed in it, or the probationary period is 80% officially, etc., and you tell the personnel that you can't do it.

Next, I will follow your questions one by one in accordance with the "Labor Contract Law of the People's Republic of China".

1.Article 14 of the Labor Contract Law stipulates that: "In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded unless the employee proposes to conclude a fixed-term labor contract:

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. "So you have the right to ask for an indefinite term employment contract, and the employer must agree to it, which is beneficial to you.

2.If you are dismissed by the employer after signing an indefinite employment contract, whether the employer wants to compensate you or pay economic compensation depends on the reason for the dismissal. If the dismissal is due to your fault, the employer is not obliged to compensate you, and you need to pay economic compensation for the rest of the reasons.

3.After signing an indefinite term employment contract, if you want to leave the employer, you only need to notify the employer one month in advance, and you do not need to pay any compensation to the employer, of course, you cannot ask the employer to compensate you.

4.If you continue to sign a fixed-term labor contract with the employer, and you want to work in the current employer next year, you can request to sign an indefinite-term labor contract, and the employer cannot refuse.

5.If the labor contract is terminated due to the fault of the employer, the compensation standard of the employer is as follows: economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

5.It is of course more beneficial for you to sign an indefinite employment contract.

I wonder if you're satisfied with me?

Shanghai Wang Kunhan lawyer.

Article 3 of the Labor Contract Law stipulates that the following principles shall be observed in the conclusion of an employment contract:

1. Principle of legality:

The employment contract must be concluded in writing in accordance with the law. The subject is legitimate, the content is legitimate, the form is legitimate, and the procedure is legal. Only a legal employment contract can produce the corresponding legal effect.

An employment contract that is illegal in any respect is invalid and is not recognized and protected by law.

2. Principle of consensus:

Under the premise of legality, the conclusion of an employment contract must be the result of the consensus between the employee and the employer, and the expression of the "agreement" between the two parties cannot be the result of a unilateral expression of intent.

3. The principle of equality of the subject of the contract:

In the process of concluding an employment contract, the legal status of both parties is equal. Employees and employers are not in an unequal position because of their different natures, and neither party may coerce or coerce the other party, and it is strictly forbidden for the employer to impose restrictions or coercive orders on the employee. Only when equality of status is truly achieved can the labor contract concluded be fair.

Fourth, the principle of equivalent compensation:

The employment contract clarifies the status and role of both parties in the employment relationship, and the employment contract is a two-way paid contract, in which the employee undertakes and completes the labor tasks assigned by the employer, and the employer pays the employee a certain remuneration and is responsible for the amount of insurance for the employee.

It is good to indicate the overtime time and cycle, which can be reflected in the contract or in the system.

Overtime pay for additional hours worked per week shall be paid in accordance with article 44 of the Labour Code.

Monday to Saturday, working hours per day, Saturday for overtime.

According to what you said, Monday to Friday hours, are hours. Then the first hour of Saturday is not counted as overtime, and the next 5 hours are counted as overtime on weekends, and 200% of the salary needs to be paid. This overtime pay is not calculated on a daily basis, but on an hourly basis, otherwise the company will have to pay overtime pay.

Can the company adopt the form of compensatory leave, and give one day of compensatory time off if the overtime time accumulates to the hour, so that overtime pay can be saved. The decision to take shifts and pay overtime rests with the company.

You don't need to notify the employer, you can leave at the end of the contract. This clause in the employment contract is invalid because it is contrary to the provisions of the Employment Contract Law.

However, since you do not renew your contract with the employer, you may not be able to claim severance after the termination of the contract.

Addendum: If the contract does not expire and leaves, the law requires one month's notice, and if it expires, the contract is automatically terminated, and of course no advance notice is required. Of course, if the company's personnel management is more standardized, it should ask you if you want to renew the contract one month before the expiration of the contract.

Hello, according to the provisions of the Labor Contract Law, it is necessary to notify the employer for one month.

1. Do I need to notify the company one month in advance? I now inform the company exactly one month until the contract expires and I can notify him. Just ask if it is necessary - on this issue, the law does not prescribe. Advance notice would be better.

Question two, I just found out that there is a clause in my contract: if you want to leave, you need to give three months' notice to the other party, and if not, you will deduct money. Please ask whether this article is valid in this case. - This clause is invalid, and the deduction of money is illegal.

The first question: according to the provisions of the Labor Contract Law, the expiration of the labor contract shall be deemed to be the termination of the labor contract.

The second problem: the clause in the contract is invalid. Workers have the freedom to move freely, even if they have signed an employment contract. Moreover, the contract violated the one-month notice period stipulated in the Labor Contract Law, and there was no legal basis for deducting money.

1. If your contract expires in March, it falls under Article 44 of the Labor Contract Law, which states that "the labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires", and you can stop doing it after expiration (i.e., the labor contract will not be renewed). However, since you have quit doing it yourself, you cannot ask the company to pay the corresponding financial compensation.

2. When the contract expires, the labor relationship will be terminated naturally, and there is no need to notify the company in advance.

3. The following clause in the contract: "If you want to leave, you need to notify the other party three months in advance, and if not, the money will be deducted" violates the provisions of Article 37 of the Labor Contract Law and is invalid.

The expiration of the contract is deemed to be automatically terminated. Invalid provisions that are not in violation of the law are invalid

There are four ways to resolve labor disputes, 1. Negotiation 2. Mediation by the People's Mediation Committee for Labor Disputes 3. Arbitration by the Labor Dispute Arbitration Commission 4. Filing a lawsuit with the court"Arbitration before adjudication", which will not be accepted without going through the Arbitration court.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China.

Article 6 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Labor Contract Law of the People's Republic of China.

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

It depends on how long your probationary period is, according to the labor contract law, the employer must sign the labor contract within one month after the employee joins the company, otherwise it is illegal, if your probationary period is more than one month, then according to the law, the unit should pay you double the salary after one month after you join the company until you sign the contract, but in fact, many units do not implement this.

The employment contract certainly includes a probationary period.