On the legality of the unit employment system 20

First, in fact, there should be a contract no matter what the situation, such as a long-term employment contract, a short-term temporary employment contract, and you are talking about no contract, then you must have evidence to prove your labor relationship, such as attendance, whether there is social security and medical insurance, certification between colleagues, etc., in fact, it is relatively easy to get; Second, the general contract will stipulate the working time (in principle, according to the national standard, the actual will not), this time is generally calculated according to the length of the normal legal working day, as for the start time and end time of the current working day, in the absence of a written agreement, the individual still has to cooperate with the unit to make adjustments. If this time is exceeded, then it depends on whether it exceeds the actual work of 8 hours, and the principle of exceeding is overtime. Third, I mind you this best understand clearly, why the unit adjusts your time, if it is because of the needs of the work, and beyond the legal time is not much, it is recommended that you do not have any complaints or anything, this social competition pressure is high, maybe your part is very important, the boss in let you increase the workload appropriately at the same time, but also your own opportunity or opportunity.

Everything looks at both sides. Finally, if you really can't stand this "so-called unfairness", it is recommended to resign, as far as I know, private enterprises are under too much pressure, and generally do not act too according to the rules, and it is normal to have a slight fluctuation. Finally, I wish you a successful negotiation and coordination to resolve this matter!

Don't overthink it. The contract has not been signed, and it is not a matter of minutes to fire you?

There are 10 legal employment methods for enterprises.

1. Enterprises recruit independently.

2. Labor dispatch and employment.

3. Part-time employment.

4. Full-time employment, 5. Employment with a fixed labor contract term.

6. Employment who has signed an indefinite labor contract.

7. The employment period of the labor contract is to complete a certain task.

8. Standard working hours.

9. Comprehensive working hours.

10. Irregular working hours.

The form of employment of a unit refers to the form in which a unit with the ability to use labor force to organize production and labor and pay wages and other labor remuneration to workers has the ability to use labor rights and the ability to employ people. At present, there are generally three forms of employment:

1. Labor contract relationship.

Article 2 of the Labor Law stipulates that this Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

In short: "An employment contract is a contract in which the employee provides labor in accordance with the instructions of the employer and the employer pays the remuneration.

2. Contractual relationship.

The contract relationship is the relationship of rights and obligations between the contractor to complete the work and deliver the work results according to the requirements of the contractor, and the contractor to pay remuneration. Article 251 of the Contract Law, which came into force on 1 October 1999, stipulates the contract for contract negotiation, and the relevant chapters respectively stipulate the construction contract, the transportation contract, the entrustment contract, the discipline contract, and the intermediary contract. The rights and obligations of the contractor and the contractor are clearly stipulated.

Among them, the contractor of the construction contract, the carrier of the transportation contract, the trustee of the entrustment contract, the discipline contract and the intermediary contract are essentially in the position of the contractor in the contract.

3. Employment relationship.

The employment contract is not stipulated in the laws of our country. "A contract in which an employee performs services for an employer for a certain or not necessarily limited period of time, and the employer pays remuneration." The General Principles of the Civil Law do not provide for employment contracts, nor do they be listed as a separate type of well-known contract.

The employment relationship refers to the relationship of rights and obligations in which the employee engages in production and business activities or other labor activities within the scope authorized or instructed by the employer within a certain or unspecified period of time, and the employer accepts the services provided by the employee and pays remuneration as agreed.

4. Labor contract (usually called labor dispatch) relationship.

The rules and regulations of an employer refer to the sum of the rules and systems formulated by the employer for the purpose of improving its management. If the rules and regulations formulated by the employer directly involve the vital interests of the workers, they shall be publicized or informed to the workers.

1. How to determine the de facto labor relationship.

Conditions for determining the de facto labor relationship: The labor rules and regulations formulated by the employer in accordance with the law are applicable to the employee, and the worker is subject to the labor management of the employer and engages in paid labor arranged by the employer; The employer and the employee meet the qualifications stipulated by laws and regulations; The labor provided by the worker is an integral part of the employer's business.

2. Who is responsible for the labor relationship of the leased operation?

If the following conditions are met at the same time, the employment relationship in the lease operation can be determined: the employer and the employee meet the subject qualifications as determined by laws and regulations; The labor provided by the worker is an integral part of the employer's business. The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and shall engage in the paid work arranged by the employer.

3. Is it legal to hand over a mobile phone at work?

It is legal to hand over a mobile phone to work, if it affects the work with a mobile phone at work, and the employer must have a system that clearly stipulates that you cannot bring a mobile phone to work, it is legal to hand over the mobile phone, but the employer must ensure that the relatives of the employee can contact the employee in an emergency. When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Article 4 of the Labor Contract Law of the People's Republic of China.

Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize the rules and regulations and major decisions on major matters that directly affect the vital interests of the employee, or inform the employee.

The rules and regulations of the employer refer to the rules of the capitalist. If the rules and regulations of the employer are contrary to all existing laws and are illegal, then the rules and regulations are invalid.

Without the participation of all workers, it is illegal to pass the procedure, because the trade union is also illegal, and the employee representatives also have the illegal consent to pass the so-called rules and regulations of the employer (in some places it is called personnel discipline regulations, employee handbooks, etc.).

It is illegal for capitalists to take away profits. Thank you for your cooperation.

The rules and regulations of the employer are the sum of the rules and systems formulated by the employer to organize the labor process and conduct labor management, also known as the internal labor rules of the employer, and are the internal "laws" of the employer. The rules and regulations are extensive and cover all aspects of the employer's operation and management. According to the Notice on the Implementation of the Filing System of Labor Rules and Regulations for Newly Established Employers issued by the Ministry of Labor in November 1997, the rules and regulations mainly include:

Labor contract management, wage management, social insurance and welfare benefits, working hours and leave, employee rewards and punishments, and other labor management regulations.

Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates:

In accordance with Article 4 of the Labor Law, if the rules and regulations formulated by the employer through democratic procedures do not violate national laws, administrative regulations and policies, and have been publicized to the employees, they may be used as the basis for the people's court to hear labor dispute cases. The rules and regulations in Article 4 of the Labor Law here refer to the rules and regulations related to ensuring that workers enjoy labor rights and fulfill labor obligations.

1. Form requirements.

Democratic process. In the first step of discussion, the representative of the enterprise should discuss with the workers' congress or all employees, and the workers' congress or all employees can put forward plans and opinions. The second step is to negotiate and determine.

If the trade union or the employee thinks that the rules and regulations are inappropriate, they have the right to propose it to the employer, and finally revise and improve it through consultation between the two parties.

Disclosure to workers. After the employer has formulated the rules and regulations, it shall promptly publicize them and inform the employees. In practice, employers often use bulletin boards (notice boards) to make public announcements, and once an employee claims that he or she is unaware of the rules and regulations, the burden of proof on the company will increase.

The company's publicity procedures to facilitate the presentation of evidence mainly include: study, training, examination, production of employee handbook, etc.

This method requires the company to keep evidence, such as study records, training records, examination papers, and most importantly, employees to sign the records with the content of "fully aware of the rules and regulations and agree to abide by them".

2. Content requirements.

Legality. The rules and regulations formulated by the employer shall comply with the requirements of national laws, administrative regulations and policies.

Rationality. The content of the rules and regulations must be reasonable and enforceable, so as to conform to the spirit of labor law legislation and promote the effective management of the company. This requires companies to distinguish between general and serious disciplinary violations when formulating rules and regulations.

Therefore, when an employer formulates rules and regulations related to the protection of workers' rights and the fulfillment of employees' obligations, it must not only be legal in formulating procedures, but also meet the requirements that the content is legal, reasonable and performable.

Legal analysis: Each employer has its own rules and regulations, which are used to clarify the various management systems of the employer, which is both a right and an obligation of the employer. The provisions of the Labor Contract Law and other relevant administrative regulations and local regulations shall not contradict it.

For example, the labor law stipulates that a worker may not work more than eight hours a day, and if the rules and regulations formulated by an enterprise stipulate that a worker must work ten hours a day, this provision is illegal; Another example is that the provisions of the labor law are also illegal.

Legal basis: Labor Contract Law of the People's Republic of China Article 80 If the rules and regulations of an employer directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order the employer to make corrections and give a warning; If any damage is caused to the worker, he shall be liable for compensation.