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Legal analysis: 1. Circumstances in which an indefinite-term labor contract should be concluded: nuisance.
1. The worker and the employer reach an agreement through consultation;
2. If the employee has worked for the same employer for more than 10 consecutive years, and both parties agree to extend the labor contract, the employee requests to conclude an indefinite labor contract;
3. The labor contract is renewed if the employee has concluded two fixed-term labor contracts in a row and the employee has no employer to terminate the labor relationship;
4. When an employer implements the labor contract system for the first time or a state-owned enterprise restructures and re-concludes a labor contract, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age.
2. Circumstances in which a worker may claim double wages:
1. The employer has not signed a written labor contract with the employee for more than one month but less than one year from the date of employment;
2. In accordance with the law, the employer should conclude an indefinite labor contract with the employee but refuses to do so.
3. Provisions on the probationary period: if the term of the 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 not less than one year but not more than three years, the probationary period shall not exceed two months; The probationary period of a fixed-term or indefinite-term employment contract of more than three years shall not exceed six months.
4. Manner of termination of labor contract: The labor contract can be terminated by notifying the employer in writing 30 days in advance.
5. Employers shall generally not extend their working hours by more than one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
Legal basis: Article 10 of the Labor Law of the People's Republic of China A written labor contract shall be concluded 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.
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The criteria for determining labor relations in the Labor Law are: theirs.
1. If the labor relationship is established, the subject of the establishment of labor relations can only be the worker and the employer; That.
2. The establishment of an employment relationship requires the agreement of both parties; That.
3. The employer establishes an employment relationship with the employee from the date of employment, and the main obligations of the contract that need to be actually performed by both parties.
Article 7 of the Labor Contract Law The employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference. 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 labor relationship shall be established from the date of employment.
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<> "Knowledge of Labor Law.
First, if you want to resign, you only need to submit a resignation letter, and you don't need the consent of the leader.
Article 2 When the company and the employee agree to terminate the labor relationship, the company shall pay economic compensation. If you leave voluntarily, the company does not need to pay compensation.
Article 3: If your labor contract expires and the company does not renew it, you must also pay economic compensation.
Fourth, if the company terminates the labor contract on the grounds that you have violated the company's system, and you are not absent from work, such dismissal is not legal. If you suffer financial losses as a result, the company should compensate you.
Article 5: If the company does not sign a labor contract for you or purchase five insurances and one housing fund for you, you can report it to the labor inspection department. In addition, if the company terminates the employment contract, it is also required to pay economic compensation.
Sixth, during the probation period, five insurances and one housing fund should also be purchased. If the company doesn't buy it for you, you can report it by calling 12333**.
Seventh, if you need to settle a labor dispute through labor arbitration, you do not need to pay any fees, and such records will not be placed in your personal file.
Finally, if the company has no reason to cut wages, you can show your attitude and refuse to accept the move. If the company still insists on doing so, it is against the law.
The above are some basic knowledge of labor law that you need to know as an employee, if your labor rights and interests are infringed, you must protect your rights and interests in time.
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