Party A may specify whether Party B s habitual residence is in accordance with labor laws

Updated on society 2024-03-24
6 answers
  1. Anonymous users2024-02-07

    The premise of signing an employment contract is that it is genuine.

    The labor law requires that the information be filled out according to the facts.

    Will the designation be false?

    As long as it doesn't go against the truth, it's fine.

  2. Anonymous users2024-02-06

    1. Party A has no right to make such adjustments, because the Labor Contract Law has made clear provisions on the change of the content of the labor contract, and the company's regulations cannot conflict with national laws.

    2. The Labor Contract Law stipulates that the work content and labor remuneration shall be regarded as the necessary provisions of the labor contract, with the purpose of protecting the employee to enjoy relatively stable and predictable labor remuneration and to be able to engage in the work he or she is willing to engage in in a relatively stable position. If the employment contract allows the employer to adjust the job position at will, it will mean that the clause in the employment contract regarding "job position (or work content)" has become an optional clause. What's more, the wages and benefits of job adjustment often change with them, and many employers use such clauses to change positions at will to reduce wages and benefits and force employees to resign voluntarily. This is obviously inconsistent with the legislative spirit of the Labor Contract Law.

    Stipulating that the employee shall obey the employer's adjustment of job position and even salary and benefits actually violates the provision that the modification of the labor contract shall be agreed upon by both parties through consultation and in writing, and at the same time excludes and deprives the employee of the right to decide when negotiating with the employer to change the labor contract. Therefore, the clause in the employment contract that the employer may adjust the employee's job position should be invalid.

    3. Legal basis: Article 35 of the Labor Contract Law"The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

    The amended labor contract shall be held by the employer and the employee. "Therefore, in general, if there is a change in the position of an employee, it needs to be agreed upon by both the employer and the employee and confirmed in writing.

  3. Anonymous users2024-02-05

    In general, the current address and ID address of the labor contract must be filled in. At present, the employment contract of an enterprise generally includes the place of household registration and the employee's current address, both of which need to be filled in. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

    1. Whether the probationary period has not expired can enjoy work-related injury benefits.

    The probationary period is included in the term of the employment contract.

    From the date of signing the labor contract, the labor relationship between the two parties has been established, and the labor contract is legally binding when signed in accordance with the law, and both parties must fulfill the obligations stipulated in the contract.

    As a member of the enterprise, employees shall enjoy the insurance benefits stipulated by the state in accordance with the law.

    Enterprises shall, in accordance with national regulations, implement medical treatment for work-related injuries and benefits for employees during the period of suspension of work with pay, and keep employee benefits unchanged.

    2. Is it necessary to sign a simple labor contract for migrant workers?

    It is also necessary to sign a simple labor contract for migrant workers. An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

    The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract. Therefore, even migrant workers need to sign labor contracts.

    3. Can the company change the employee's job position at will?

    According to the provisions of the labor law, the company cannot change the position of the employee at will. Since the job position is part of the labor contract, the change of the job position shall be regarded as a change in the labor contract and shall be handled in accordance with the relevant provisions of the change labor contract; In addition, the principle of consensus should be followed in amending the employment contract, and if the employer wants to change the employment contract of the employee, it should consult with the employee in advance and obtain the employee's consent before making the change. According to Article 17 of the Labor Law, the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

    The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

    Article 16 of the Labor Law of the People's Republic of China An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded to establish a relationship between labor and coarseness.

  4. Anonymous users2024-02-04

    Summary. The company address is inconsistent with the actual work address, which has no special impact on the employee. In the event of a labor dispute, the employee may apply to the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located.

    If the company address on the employment contract is inconsistent with the actual work address, does the contract have a legal basis?

    Hello, the inconsistency between the company address on the labor contract and the actual work address is also valid, and the inconsistency of the address does not affect the validity of the contract.

    The company address is inconsistent with the actual work address, which has no special impact on the employee. In the event of a labor dispute, the employee may apply for arbitration to the Labor or Dispute Arbitration Committee at the place where the labor contract is performed or where the employer is located.

    I don't think this kind of contract is reasonable, does this contract have a legal basis?

    As long as both parties have signed and sealed, the contract will take effect.

    Unless there is a clause in the contract that violates the law.

    The invalidity of a contract is also the invalidity of a part of the clause, not the entire contract.

    The company name is inconsistent.

    If the company name is inconsistent, the name of the seal shall prevail.

    Stamping is also inconsistent.

    In the event of a dispute, the subject that seals the seal shall be recognized as the subject.

    I disagree that this stamp is valid.

    If you don't sign it, it's invalid, and if you sign it, the contract is valid for you.

  5. Anonymous users2024-02-03

    I think that the company's lack of clarity on the place of work in the employment contract is not the company's advantage, but the company's disadvantage. I once encountered a company that transferred an employee to another office in the same city, and the employee did not follow the company's arrangement and continued to work at the original office location, and the company later dismissed the employee on the grounds that the employee was absent from work continuously. The arbitration commission later found that the employee had the right to work at any location within the agreed scope due to the unclear provisions of the labor contract, so the company believed that the employee should work in a specific place in accordance with the contract, and the company lost the lawsuit.

    So, I think if you don't want to obey the arrangement, you can continue to work where you came, and keep the evidence of continuing to work during this time. If the company dares to fire you, you can go to court. The work place agreed in the contract is Guangzhou, so you can work from any office location of the Guangzhou company, which is in line with the labor contract.

  6. Anonymous users2024-02-02

    It is possible to transfer, but this reason is not sufficient, and compensation must be given for the dismissal of the employee, unless the employee voluntarily gives up or seriously violates labor discipline and relevant laws.

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