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Beijing Borong Law Firm.
The labor contract is generally a form contract, as long as it is filled in truthfully! Now without a contract, you can ask for double wages!
I am in Beijing, and I receive legal assistance in labor disputes, and I can pay ** fee after receiving compensation!
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Now that the employment contract is in a fixed format, you just have to pay attention to it. However, the employer should sign a contract with you within one month of the date of hard work, and if not, you can ask for double wages for more than one month.
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Sign up with you at the end of the probationary period.
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When signing an employment contract, attention should be paid to whether the contract has the necessary clauses stipulated by law. The two parties shall reach an agreement through consultation on matters such as the term of the labor contract, the content and place of work, working hours, rest and vacation, labor remuneration, social insurance, labor protection, working conditions and protection against occupational hazards.
Article 17 of the Labor Contract Law.
The employment contract shall have the following clauses:
1) The name, address, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
Jiutongxun) other matters that should be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance, and the benefits and benefits of the bureau.
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Legal analysis: 1. When signing a contract, the worker must first understand the basic situation of the unit, and at the same time, require these contents to be clearly written in the contract.
2. Workers should find out their specific work, and indicate the content and specific location of the work in the contract.
3. The remuneration of labor should be clearly determined, and Zheng Wu should be avoided from oral agreement.
4. Special attention should be paid to the issue of the probationary period.
5. The payment method and payment time of labor remuneration should be clear, whether it is paid in cash or through the bank to the account.
6. The working hours and working conditions of workers should be clear.
7. Social insurance agreement.
8. Don't sign a blank contract.
9. Some contracts stipulate illegal contents, and these clauses are legally invalid, and the worker can refuse to sign them. 10. After the labor contract is sealed, the employee and the employer shall keep one copy each.
Legal basis: Labor Contract Law of the People's Republic of China Article 8 When an employer recruits a worker, it shall truthfully inform the employee of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information required by the employee; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.
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1. The form of the labor contract system must be in writing; 2. The labor contract system is invalid; 3. The necessary clauses of the labor contract system are indispensable; 4. There are regulations on the length of hunger and spring during the probation period; 5. The situation where the employee pays liquidated damages to the employer is only applicable to the service period and non-competition restrictions; 6. Workers should understand the labor discipline of the employer.
Legal basis
Article 17 of the Labor Contract Law stipulates that a labor contract shall contain the following provisions: (1) the name, domicile and legal representative or principal person in charge of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; 3) The term of the labor contract; 4) The content of the work and the place of work; (5) Working hours, rest and vacation; 6) Labor remuneration; 7) Social insurance; 8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
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Legal analysis: 1. Pay attention to whether the content of the contract is full and whether the basis is legal, 2. Pay attention to whether there is a labor contract term in the contract; 3. The text of the labor contract shall be held by the employer and the employee. Legal basis
Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consistency of cooperation and consultation, and honesty and credibility. 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. Article 10 A written labor contract shall be concluded for the establishment of labor relations.
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. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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In accordance with the Labor Contract Law.
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