The difference between the old and new labor laws, the main differences between the new labor laws a

The distinction between labor law and civil law: civil law is private law; Labor law is social law; Civil law refers to the general term of all legal norms that regulate property relations and personal relations between equal subjects; In order to protect the legitimate rights and interests of laborers, the Labor Law adjusts labor relations, establishes and maintains a labor system suited to the socialist market economy, and promotes economic development and social progress.

Article 1 of the Civil Code of the People's Republic of China: This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the Core Socialist Values. Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.

The latest annual leave provisions of the Labor Law.

1. The calculation method of annual leave stipulated in the new Labor Law:

According to the Regulations on Paid Annual Leave for Employees, if an employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; If the employee has completed 10 years but is less than 20 years, the annual leave shall be 10 days; If you have completed 20 years, the annual leave is 15 days. National statutory holidays and rest days are not included in the paid annual leave.

However, if you have any of the following circumstances, you will not be entitled to the annual leave of the current year:

1) Employees enjoy the summer vacation of Hanliang filial piety in accordance with the law, and the number of vacation days is more than the number of annual leave days;

2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with the regulations;

3) Employees who have worked for 1 year but less than 10 years and take sick leave for more than 2 months;

4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months;

5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.

The employer shall, according to the specific conditions of production and work, and consider the employee's own wishes, make overall arrangements for the annual leave of employees, which may be arranged in a centralized manner or in sections, but generally should be arranged within one year.

2. Calculation of wages stipulated in the latest "Labor Law" annual leave.

1) How to calculate the annual leave arrangement and the salary of unused annual leave.

According to the specific situation of production and work, and considering the wishes of the employee, the employer shall make overall arrangements for annual leave. If the employer is unable to arrange annual leave for employees or arranges annual leave across one year due to work needs, it shall obtain the consent of the employees themselves.

If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. Calculation of wages for unused annual leave: For the number of days of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300 of the employee's daily wage income.

If an employer arranges for an employee to take annual leave, but the employee submits in writing not to take the annual leave due to his/her own reasons, the employer may only pay the employee's salary income during the normal working period.

1. The relevant provisions of the Labor Law on working hours.

Workers may not work more than 8 hours per day and 44 hours per week. If the hours exceed 8 hours, the worker shall be paid 150 ordinary wages as overtime remuneration, and the maximum overtime per day shall not exceed 3 hours.

In accordance with Article 36 of the Labour Law, the State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the trade union and the workers, extend the working hours, which shall generally not exceed 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.

There has been no revision of the Labor Law since its implementation, but individual provisions have been replaced by the provisions of other relevant laws and regulations, and the provisions of the relevant laws and regulations shall prevail. The Labor Contract Law has been implemented since its inception and has been revised since its implementation. The revisions read as follows:

1. Article 57 is amended to read: "The following conditions shall be met for the operation of labor dispatch business:"

1) The registered capital shall not be less than RMB 2 million; “

2) Have a fixed place of business and facilities suitable for carrying out business; “

3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations; “

4) Other conditions provided for by laws and administrative regulations. "To engage in labor dispatch business, an administrative license shall be applied to the labor administrative department in accordance with the law; If it is permitted, the corresponding company registration shall be handled in accordance with the law. Without permission, no unit or individual may operate labor dispatch business. ”

2. Article 63 is amended to read: "Dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. The employer shall, in accordance with the principle of equal pay for equal work, implement the same method of labor remuneration distribution for dispatched workers and workers in the same position in the same unit.

If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located. "The labor remuneration to be paid to the dispatched worker in the labor contract concluded between the labor dispatch unit and the dispatched worker and the labor dispatch agreement concluded with the employing unit shall comply with the provisions of the preceding paragraph. ”

3. Article 66 is amended to read: "Labor contract employment is the basic form of employment in enterprises in China. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.

The temporary jobs provided for in the preceding paragraph refer to positions that last for no more than six months; Ancillary jobs refer to non-main business positions that provide services to main business positions; Substitute jobs refer to positions in which employees of the employer are unable to work due to full-time study, vacation, etc., and can be replaced by other workers. "The employing unit shall strictly control the number of labor dispatch workers to exceed the proportion specified in the total number of employees, and the specific proportion shall be prescribed by the labor administrative department. ”

Article 92 is amended to read: "Whoever, in violation of the provisions of this Law, operates labor dispatch business without permission, shall be ordered by the labor administrative department to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the amount of the illegal gains; where there are no unlawful gains, a fine of up to 50,000 yuan may be imposed. "Where a labor dispatch unit or employing unit violates the provisions of this Law on labor dispatch, the labor administrative department shall order it to make corrections within a specified period of time; If the correction is not made within the time limit, a fine of 5,000 yuan to 10,000 yuan per person shall be imposed, and the labor dispatch business license shall be revoked for the labor dispatch unit.

If the employer causes damage to the dispatched worker, the labor dispatch unit and the employer shall be jointly and severally liable for compensation.