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Anonymous users2024-02-07In order to avoid the trouble caused by subsequent rights protection, we remind workers to pay attention to the following points when signing the contract: 1. Probationary period: sign a 1-year contract?
The probationary period shall not exceed 2 months; Sign a 3-year contract, and the probationary period shall not exceed 3 months; Some companies sign a one-year contract, but the probation period is also three months, which is obviously illegal. 2. Probationary salary: Generally speaking:
During the probationary period, the salary is 80% of the regular salary, and the salary of the employee shall not be determined according to the company's wishes during the probationary period. 3. Job position and work location. 4. Salary composition and payment time.
5. Payment of five insurances and one housing fund. 6. Commuting and overtime benefits: how to calculate overtime wages, whether there is car allowance, meal allowance, etc.
7. Whether the provisions on annual leave, marriage and sick leave are legal: as far as annual leave is concerned, the law stipulates that if you have less than 10 years of work experience, you will have 5 days of annual leave; More than 10 years of work experience: 15 days of annual leave.
Generally, enterprises will follow this implementation, and a few companies will ignore the labor law and calculate the annual leave according to the number of years the employee has worked in the company, which is completely illegal. Therefore, everyone needs to understand the relevant provisions of the national labor law, so that it is easier to see the loopholes in the company's contract and easier to protect their own rights and interests.
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Anonymous users2024-02-06Sign a contract for onboarding.
It is an employment contract provided by the employer.
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Anonymous users2024-02-05A written contract must be signed within one month, regardless of whether there is a probationary period or not. It is possible to apply for arbitration and claim double wages for unsigned employment contracts. The facts of the case are relatively simple and clear, and it is recommended to entrust a local lawyer to handle it.
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Anonymous users2024-02-04Legal analysis: The template of the new employee entry agreement is as follows: 1. First of all, the basic information of the employee and the employer; 2. The body of the text mainly includes the job position, probation period, work content, remuneration and payment method in the labor deficiency section, rights and obligations of both parties, etc.; 3. Finally, both parties shall sign and seal and indicate the date of signing.
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 worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; 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.
Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker's relatives in any other name.
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Anonymous users2024-02-03Legal analysis: The template of the employee's entry contract should contain the following contents: (1) the name, address and legal representative or main 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, etc.
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, 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.
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, the company shall conclude a written labor contract 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.
An employment contract must be signed within one month of employment. The Labor Contract Law clearly stipulates that if an employment 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, that is to say, the company shall sign a written labor contract with the employee within one month from the date of employment, and a probationary period shall be agreed upon when the labor contract is concluded. >>>More
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