Who has the draft of the Labor Contract Law that has been put to a vote recently?

The following two items are mainly involved in the Labor Contract Law:

1. Change major rules and regulations.

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

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

2. Conclude a collective contract.

Article 51 The employees of an enterprise and the employer may, through consultation on an equal footing, conclude a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft of the collective contract shall be submitted to the workers' congress or all employees for discussion and approval.

The collective contract shall be concluded between the trade union and the employer on behalf of the employees of the enterprise; For employers that have not yet established a trade union, the higher-level trade union shall guide the representatives nominated by the workers to enter into an agreement with the employer.

(1) China implements the labor contract system and signs labor contracts in accordance with the law, which is a legal guarantee to safeguard the legitimate rights and interests of workers and reflect the status of workers as masters. The implementation of the labor contract system can enable workers to effectively safeguard their legitimate rights and interests on the premise of fulfilling their obligations with due diligence.

2) Workers should first enhance their awareness of rights and laws. We must cherish our rights, and no matter who we are employed, they do not change the status of the master of the country, and they are protected by the laws of the country. Secondly, we must dare to protect our legitimate rights and interests, and when our rights and interests are infringed, it is the right choice for every worker to protect their rights and interests by legal means and legal procedures.

Thirdly, workers must fulfill their legal obligations in accordance with the law in order to realize their rights.

3) ** and relevant functional departments must adhere to the principle of governing the country according to law, regulate the behavior of enterprises in accordance with the law, increase law enforcement and supervision, and protect the legitimate rights and interests of migrant workers from the legal and institutional aspects. Enterprises must enhance their legal awareness and operate legally; Labor contracts must be signed with migrant workers in accordance with the law, and remuneration must be paid according to work; Professional ethics must be observed and migrant workers must be treated well. Strengthen popular legal education, enhance migrant workers' awareness of self-protection and rights protection, and guide migrant workers to protect their legitimate rights and interests through legal channels.

4) Topic selection, such as: national macroeconomic regulation and control from the perspective of migrant workers' wage arrears, labor contract system from the perspective of migrant workers' wage arrears, etc. Depending on whether the topic is relevant to the event, as well as the importance of the topic itself.

For example, from the perspective of the problem of migrant workers' wage arrears, the reason is that the repeated occurrence of the problem of migrant workers' wage arrears is closely related to the country's ineffective macroeconomic regulation and control (i.e., the relevance of topic selection), and strengthening the national macroeconomic regulation and control is of great significance to solve the problem of migrant workers' wage arrears and safeguard the legitimate rights and interests of migrant workers (i.e., the importance of topic selection).

See the answer for analysis.

1. Labor Law

Issuing Department] Standing Committee of the National People's Congress [Reference number] Chairman's Order [No. 28] [Approval Department] [Date of Approval].

Release Date] [Implementation Date].

Timeliness] currently in force [level of effectiveness] law.

2. Labor Contract Law

Issuing Department: Standing Committee of the National People's Congress [Reference number] Chairman Order No. 65 [Release date] [Implementation date].

Timeliness] currently in force [level of effectiveness] law.

The Labor Law, which came into force on 1 January 1995, formally established the labor contract system.

History: It was not until the end of 2004 that the drafting of the Labor Contract Law was restarted.

From December 24 to 29, 2005, the 19th meeting of the Standing Committee of the National People's Congress deliberated the Draft Labor Contract Law for the first time.

From December 24 to 29, 2006, the 25th meeting of the Standing Committee of the National People's Congress deliberated the draft of the Labor Contract Law for the second time, and Chairman Wu Bangguo participated in the deliberation.

From April 24 to 27, 2007, the 27th meeting of the Standing Committee of the National People's Congress deliberated the Draft Labor Contract Law for the third time.

From June 24 to 29, 2007, the 28th meeting of the Standing Committee of the National People's Congress deliberated the Draft Labor Contract Law for the fourth time.

On June 29, 2007, the 28th meeting of the Standing Committee of the National People's Congress voted to adopt the Labor Contract Law.

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

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

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 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

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 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 stipulated 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.

Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

There's so much content.

You can go up here and take a look.

The first question: it is still considered to have signed a labor contract, but the company's practice is illegal. Article 81 of the Labor Contract Law If the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

The second question: you need to pay compensation for dismissal. If you have not purchased the society, you can resign, and then you can also get compensation and ask for social security.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

The third question: Article 48 of the Labor Contract Law If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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.

If this is the case, you can first complain to the labor bureau and ask the employer to give you a copy of the contract, and then you can ask the employer to pay you the difference between the salary during the probationary period and the salary after the probationary period. If the probationary period is 2,000 yuan and the probationary period is 2,500 yuan, according to the length of the contract period, the difference of 500 yuan per month after the longest probationary period is to be paid to the employee.

Hello: According to the law, the labor inspection department will impose administrative penalties on enterprises, and fines will be imposed in serious cases.

If the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

If an employer violates the provisions of this Law by agreeing on a probationary period with an employee, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period.

That is, to make up the difference in your salary for six months.

First, the labor law clearly stipulates the time of use

1) The probationary period shall not exceed 6 months.

2) If the labor contract is less than two years, the probationary period shall be determined according to the length of the contract period

3) That is, if the term of the labor contract is less than 6 months (half a year), the probation period shall not exceed 15 days;

4) If the term of the labor contract is more than half a year and less than one year, the probationary period shall not exceed 30 days;

5) If the term of the labor contract is between one year and two years, the probationary period shall not exceed 60 days;

6) If the term of the labor contract is more than two years, the probationary period can be agreed within 6 months;

7) If the labor contract is for the completion of a certain work task or the labor contract is less than three months, the probationary period shall not be agreed.

Clause. 2. The probationary period stipulated by your employer is 1 year, which is illegal.

Clause. 3. You can report to the Labor Inspection Brigade of the Labor Bureau, and in accordance with the law, the Labor Inspection Department will impose administrative penalties on the enterprise, and if the circumstances are serious, a fine will be imposed.

Clause. Fourth, you can personally receive salary compensation.