Questions about the employment contract within the employer

Employers can use self-made labor contracts to sign with employees, as long as they comply with the provisions of Article 17 of the Labor Contract Law and the terms do not violate the provisions of the law. If the employer fails to pay social insurance premiums for you, you can terminate the employment contract with the employer and require the employer to pay economic compensation.

According to the provisions of the new labor contract law, if a contract is not signed according to the formal text of the labor contract, it is equivalent to not signing it, which is already illegal. Why does the state repeatedly emphasize the importance of signing labor contracts, that is, enterprises should do it in accordance with the provisions of the state, and it is mandatory to safeguard the interests of employees. Not now.

If necessary, you can consult with the local social, labor and social security department and apply for arbitration. If the boss does not agree, then wait until you don't want to do it and leave, and then go to arbitration, so you have to compensate you for double your salary, and you will be compensated for 12 months' wages after working for one year. Keep evidence such as contracts, attendance cards, pay slips, etc., which can show that you work for the company.

The internal labor contract is like the rules and regulations of the school, the rules and regulations of the school are binding on the students and teachers, and the internal labor contract of the same enterprise is also binding on the staff and needs to be complied with.

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 for the establishment of labor relations. How to deal with the inconsistency between the actual work unit and the contract signing unit? Learn more below.

How to deal with the inconsistency between the actual work unit and the contract signing unit?

If there is a discrepancy between the employer that has signed the labor contract and the unit that actually uses the workers, the employer may agree with the unit that actually uses the workers that the employer shall bear or partially assume the obligations to the workers. If the employer that actually uses the worker fails to assume its obligations to the worker in accordance with the agreement, the employer shall assume the obligation to the worker.

If there is a discrepancy between the employer that signed the labor contract and the employer that actually uses the employee, the employer may be changed in turn upon the consensus of the parties, and the original labor contract shall continue to be performed by the changed employer. If the employer that actually uses the worker fails to perform its obligations under the labor contract, the employer that signed the labor contract shall assume its obligations to the employee.

Article 10 of the Labor Contract Law [Conclusion of Written Labor Contract] To establish a labor relationship, a written labor contract shall be concluded.

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.

If you have a problem that needs to be communicated and solved, if you are not clear about the content and want to know more, it is recommended that you seek help from a lawyer in time.

A formal labor contract refers to a labor contract with legal content, complete elements, standardized writing, and legal procedures. An informal employment contract refers to a defect in the aforementioned items. Informal labor contracts may need to be improved due to a certain degree of defects, but they are not necessarily cautious and have no legal effect.

Generally speaking, only the part of the employment contract that constitutes an employment contract and the content is not illegal, and there is no fraud, coercion or taking advantage of the danger of the other party in the process of concluding the employment contract, or the employer exempts itself from liability and excludes the rights and interests of the employee.

Paragraph 1 of Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer that establishes the labor relationship and specifies the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, posts or positions, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.

Legal analysis: An employer's labor contract refers to an agreement between an employee and an employer that establishes an employment relationship and clarifies 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.

Legal basis: Labor Contract Law of the People's Republic of China

Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, alteration, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.

The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

What should I do if the labor contract is inconsistent with the employer's regulations?

According to Article 16 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, if the internal rules and regulations formulated by the employer are inconsistent with the contents of the collective contract or labor contract, and the employee requests that the contract be applied preferentially, the people's court shall support it.

It can be seen from this that when there is a conflict between the rules and regulations and the labor contract, when the employee requests the application of the labor contract, the provisions in the labor contract should be applied first instead of the provisions of the rules and regulations. In other words, when the rules and regulations are inconsistent with the provisions of the labor contract, the employee has the right to choose to apply the rules and regulations or the labor contract, and the choice is in the hands of the employee.

The rules and regulations formulated by the employer may be regarded as an annex to the employment contract, but the content of the employment contract shall not be changed. Lingzhi may be instructed to supplement the labor contract with no or specific provisions, as long as the provisions do not violate national laws and regulations.

The company should keep the provisions of the rules and regulations consistent with the provisions of the labor contract, if the rules and regulations and the labor contract make different provisions on the same issue, it will lead to management confusion and unnecessary losses.

The above content is related, under normal circumstances, the seal of the labor contract is the seal of the employer, if there is an inconsistency situation, it can be negotiated with the employer, because the labor contract is not stamped with the seal of the employer, there may be some things that damage the interests of the employee

Basis: Labor Contract Law

Article 37 An employee may terminate the labor contract by notifying the employer in writing 30 days in advance.

2. Generally speaking, you do not need to pay liquidated damages, unless the "service period clause" is clearly stipulated in the labor contract and the company provides you with corresponding special training.

Basis: Labor Contract Law

Article 25 Except in the case where the service period or non-compete clause is stipulated in the labor contract, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

Therefore, according to this provision, clauses in the employment contract that "the employment contract does not expire and the employee shall pay liquidated damages for resignation" are invalid clauses and are not binding on you.

3. If the company does not agree to the above request, you can report to the local labor inspection brigade or file labor arbitration with the local labor arbitration commission.

If the company has not given you training or other training to improve your skills, then you will not be liable for any liquidated damages! However, if you voluntarily resign, you will not be eligible for severance payments.

Hello, this agreement is invalid. You don't have to worry. According to the provisions of the Labor Contract Law, the employment contract between the employer and the employee strictly limits the agreed conditions for liquidated damages, and stipulates that the employer can only set liquidated damages under the two circumstances of "training service period" and "non-competition".

In other words, the employee does not need to pay any liquidated damages to the employer unless the employee leaves the company before the expiration of the agreed training service, or violates the confidentiality agreement or non-compete agreement.

According to the provisions of the Labor Contract Law, an employee is not required to pay liquidated damages after submitting his resignation to the employer one month in advance. Moreover, the labor contract is not an economic contract, and there is no question that the employee needs to pay liquidated damages for breach of contract, unless the company provides you with special vocational skills training at the time of employment (referring to hiring an external unit to conduct special training and paying for it).

No, it is the employee's right to terminate the employment contract as long as the employer reaches an agreement with the employer or notifies the employer in writing 30 days in advance.

The employer may agree on liquidated damages with the employee, but only in two circumstances:

1) If the employer provides special training expenses for the worker and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period, and if the worker violates the service period agreement, it shall pay liquidated damages to the employer in accordance with the agreement.

2) The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights, and for the employee who has the obligation of confidentiality, the employer may stipulate a non-compete clause with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is dissolved or terminated, the employee shall be compensated monthly during the period of non-competition. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Except for the above two circumstances, all liquidated damages to the employee are invalid.

Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Liquidated damages can only be established if the company spends money to train you in professional skills and knowledge, otherwise it will not be established.

If the company has trained you in professional skills and knowledge, and there are relevant invoices or receipts as evidence, then you will need to pay liquidated damages if you want to leave.

Labor Contract Law

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.