About the Labor Contract 40, About the Labor Contract

OK. According to Article 72 of the Labor Law, social insurance shall determine the funds according to the type of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Businesses are required to take out insurance for their workers.

According to Article 26 of the Labor Contract Law, the following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of the employee;

3) Violating mandatory provisions of laws or administrative regulations.

If the employer violates the second clause, the employer exempts itself from statutory liability and excludes the rights of the employee, so the employment contract is invalid or partially invalid.

You may apply this Law in accordance with Article 2 of the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;(5) Disputes arising from labor compensation, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

to apply for arbitration at a labor arbitration institution.

According to Article 53 of the Labor Dispute Mediation and Arbitration Law, there is no fee for labor dispute arbitration. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

So you don't have to bear any costs of arbitration.

According to Article 47 of the Law on Mediation and Arbitration of Labor Disputes, the arbitral award shall be final and effective from the date of its issuance, except as otherwise provided in this Law, for the following labor disputes: (1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which do not exceed the amount of the local monthly minimum wage standard for 12 months;(2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

Article 48 Where a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

If you are not satisfied with the outcome of the arbitration, you can appeal, but the employer cannot.

Of course, you can also report it

1.The probationary period is a probationary period of no more than six months agreed upon by the employer and the employee after the establishment of the employment relationship and the decision to stay in order to understand each other. The benefits of a probationary period in an employment contract are:

During the probationary period, either the employee and the employer can terminate the employment contract at any time without breach of contract, and there is no liability for breach of contract and payment of liquidated damages.

2.Article 21 of the Labor Contract Law states that "a probationary period may be stipulated in an employment contract. "By its nature, this provision is an enabling norm rather than an obligation.

Therefore, stipulating a probationary period is a right but not an obligation conferred on both parties to an employment contract by law. In other words, the probationary period is not required, and the employer and the employee may or may not agree on the probationary period, and the parties shall negotiate independently according to the specific circumstances.

3.Article 7 of the Labor Contract Law states that "an employer shall establish a labor relationship with an employee from the date of employment", and Article 10 of the Labor Contract Law provides that "a written labor contract shall be concluded to establish a labor relationship." Therefore, the labor relationship is established from the first day of employment, that is, the labor contract must be signed on the date of employment.

However, the non-obligatory provision of the probationary period, regardless of whether it is agreed or not, does not affect the signing of the employment contract.

4.Article 19 of the Labor Contract Law states that "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 more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract. Article 82 "If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage."

Article 83 "Where an employer violates the provisions of this Law by agreeing on a probationary period with a worker, 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. ”

If you continue to work in this unit, you can ask for a contract, and if you do not want to continue to work in this unit, you can apply for labor arbitration and claim double wages and compensation for overtime.

The law stipulates that an employment contract is signed within one month. However, the probationary period can be set according to the duration of the contract, up to a maximum of 6 months.

At the beginning of the probationary period, the new company should sign an employment contract with you. Therefore, it is not legal to sign an employment contract after the probationary period.

I also encountered this problem, and then I checked a lot of legal provisions and consulted some people, and finally came to the conclusion that I wanted my salary back, and it was the full amount, and the labor law is now very protective of workers.

First: the company has no right to extend the 2-month probationary period that has been agreed, it is illegal for the company to extend or designate the probationary period for the second time, and you even have the right to ask for double wages for the extended time;

Second: Since the company gives you a salary according to the probation period, that is to say, the company thinks that you are now in the probation period, and you have not signed a labor contract, and you can resign at any time, the applicable period itself is a two-way choice process.

You can have a good talk with the company, if the other party insists on not giving it, you can mention to them the provisions of the labor law in this regard, this kind of thing will be resolved by labor arbitration, you will win, the other party will definitely scare you at the beginning, you must insist, and in the end he will definitely pay you a salary.

1. The company has the obligation to notify you to turn positive, resulting in you making a wrong judgment, and the company's behavior is a breach of contract and is also illegal.

2. The company's requirements are illegal, and you have the right to leave your job at any time without handling the contract, because the company's illegal acts are first, and you are not bound by this article of the contract.

It does not mean that the company is in breach of contract, and the contract can be terminated if the probationary period does not meet the employment and is not qualified for the job.

During the probationary period, you can terminate the employment contract with three days' notice.

1. The contract you sign should be a one-year labor contract with a two-month probationary period, not a simple probationary contract. The probationary period ends in 2 months, and although your salary has not changed, the contract is already a formal contract. If your contract stipulates that the salary after regularization is higher than the probationary period, you can ask the company to pay the difference when you leave the company.

If the contract does not stipulate the salary during the probation period and the salary after the regularization, then you have to admit that you are unlucky, indicating that the salary after the regularization is the same as before the regularization. Whether the company is in breach of contract or not, you can look at the contract according to what I said.

2. Because you now have a formal contract, according to the labor contract law, you should notify the company 30 days in advance, if the company only requires you to give 15 days notice, you have already picked up the bargain.

If the company signs a contract with you within a month of expiration, it's fine.

Your current relationship with the company is a de facto employment relationship, not a renewal of a new contract in accordance with the original contract. If one party proposes to terminate the employment relationship, it shall be deemed to have terminated the de facto employment relationship. Both the enterprise and the employee can terminate the employment relationship at any time without giving 30 days' notice to the other party.

Unless the company has not signed a contract with you for more than a month, you can calculate double the salary with the company from the second month.

If the company doesn't use you these days, you can still get compensation, because you have worked for three years, so you can get three months' salary as compensation.

It's best to ask your boss or HR now to sign or not.

One month's notice is required, and if not, you will be compensated according to the Labor Contract Law.

I don't know how many times you've signed a contract with this company, but if it's only once, then there is no compensation.

Yes, if the dismissal requires you to pay three months of compensation and others.

If the contract expires and the employer does not say whether it will be renewed or ended, and you yourself have been working, then a new employment contract has begun. If the company dismisses you, you will be given severance for the first three years, as well as liquidated damages this time.

You can ask your employer to sign an indefinite employment contract with you, or you can ask for double your salary for 11 months of the previous year.

Article 14 of the Labor Contract Law of the People's Republic of China provides that an indefinite-term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

Article 82 "If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage."

Hello, you can claim compensation from the employer, you should sign an indefinite labor contract in the third year, and it is illegal for the company to fail to sign it.