If the salary of the third labor contract is changed from the piecework system to the hourly system,

Can be refused. When the labor contract expires, the enterprise must reach an agreement with the employee on the change of the content of the labor contract, and if the employee agrees, it can be signed, and if the employee does not agree, it can not sign the labor contract, and compensation can be made according to the number of years of service.

In many companies, the labor contract expires, and the employer unilaterally does not renew it, and the compensation is also required.

Now during the epidemic, you can calculate the gains and losses, if it is about the same, do it first, this year is special, the enterprise is also difficult, piecework and timing are similar in my opinion, so you think about it in the long run, and keep the job first. The overall employment pattern this year is not very optimistic.

If the salary and working environment are maintained or higher than the original contract treatment, you cannot claim compensation after refusing, and if it is lower than the original treatment, you can refuse to sign and ask for compensation.

You can refuse a visa, but you can't claim compensation. This is your voluntary non-signing, not that the company does not sign with you, so you cannot claim compensation.

You can refuse a visa or ask for compensation. If an enterprise changes a labor contract with the consent of the employee, the enterprise shall pay compensation if it cannot reach a consensus through negotiation.

Hourly or piecework are both common ways of calculating wages in factories, and as long as they do not violate the principle of equal pay for equal work or the relevant provisions of the Labor Contract Law, they are not illegal.

If the salary of the third labor contract is changed from the piecework system to the hourly system, can I refuse to claim compensation?

This is actually not illegal, if there is a note in the contract to determine the nature of production according to production needs, it is okay. As long as I sign a contract with you, I don't deduct your personal salary and buy social security for you.

If the piecework system is definitely a reduction in the interests of the employee, then if the employee is unwilling to renew the contract, the employer shall pay economic compensation.

If the piecework system does not reduce the interests of the employee, then the employer does not need to pay economic compensation if the employee is unwilling to renew the contract.

When it expires, you can't ask for compensation! It's done!

(1) You need to check and find all kinds of vouchers for the settlement of piece-rate wages in the usual wage settlement, and explain to the arbitral tribunal at that time in combination with your own wage composition.

2) On the other hand, it can be combined with other companies to help prove the existence of piecework wages in combination with the employees who have left the company (it is unlikely that the employee work card is likely).

3) On the other hand, let the employer provide evidence to prove the hourly work system, since he said that it is an hourly system, there should be a relevant hourly wage calculation system, and let him provide it.

4) In the process of protecting rights with the company, the audio recording is provided to the arbitral tribunal as evidence (also to prepare for future litigation, but pay attention to the quality and frequency of recording, and the unit may take precautions if the number of times is more.) ）

According to the analysis of the employment contract, you have suffered a loss, and you should prove your claim through follow-up evidence.

Collect witnesses; Piece list (basis for payroll) and other relevant evidence;

1. Labor Contract LawArticle 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.

2. If there is no negotiation, it is illegal for the employer to unilaterally turn the time into piecework.

It does not violate the regulations, but the internal system of the factory has changed.

No.

The employee has signed a fixed-term employment contract with the employer for the third time, and the fixed-term employment contract is legal and valid, and the employee has no right to request the employer to change the fixed-term employment contract before the expiration of the fixed-term employment contract.

After the expiration of the third fixed-term labor contract, if the employee requests to renew the indefinite-term labor contract, it is illegal for the employer to refuse to sign it. If the contract is refused, the employee has the right to apply for labor arbitration to demand compensation.

In accordance with Article 14 (3) of the Labor Contract Law, if an employee signs two fixed-term labor contracts with the same employer in a row, and there is no one of the circumstances specified in Article 39 and Article 40 (1) and (2) of the Labor Contract Law, the labor contract shall be renewed.

In accordance with Article 97 of the Labor Contract Law, the number of consecutive fixed-term labor contracts concluded before the implementation of the Labor Contract Law shall be counted from the time when the fixed-term labor contracts are renewed after the implementation of the Labor Contract Law.

In accordance with Article 14 (3) of the Labor Contract Law, if an employee signs two fixed-term labor contracts with the same employer in a row, and there is no one of the circumstances specified in Article 39 and Article 40 (1) and (2) of the Labor Contract Law, the labor contract shall be renewed.

However, in accordance with Article 97 of the Labor Contract Law, the number of consecutive fixed-term labor contracts concluded before the implementation of Article 14 shall be counted from the time when the fixed-term labor contracts are renewed after the implementation of the Labor Contract Law. In other words, the contract from June 2008 to June 2011 is considered the first contract and is now in the period of performance of the second contract.

Therefore, your current proposal to change to an indefinite-term employment contract is not supported by law, and even if you are really in the period of performing the third fixed-term contract, you need the consent of the employer, because the fixed-term contract is signed voluntarily by you, and the change must be agreed upon by both parties.

When your contract expires next year, the company proposes to renew it, and an indefinite labor contract should be signed.

Hello, glad to answer for you :

No. At present, you can only sign an indefinite term employment contract during the second contract performance, and only when you request it after the completion of this contract, or now you have reached an agreement with the employer.

Here's why: Although you have already signed a contract with the employer 3 times. Paragraph 2, Paragraph 3 of Article 14 of the Labor Contract Law also stipulates that: "Where a fixed-term labor contract is concluded for two consecutive times and the employee does not renew the labor contract under the circumstances specified in Article 39 of this Law, and the employee proposes or agrees to renew the labor contract, an indefinite-term labor contract shall be concluded."

However, according to Article 97 of the Labor Contract Law, the number of consecutive fixed-term labor contracts stipulated in Paragraph 2, Item 3 of Article 14 of this Law shall be counted from the time when the fixed-term labor contract is renewed again after the implementation of this Law. In other words, labor contracts concluded before the implementation of the Labor Contract Law and still performed after the implementation of the Labor Contract Law shall not be counted in the number of consecutive fixed-term labor contracts, and the number of times shall be calculated with the first time that a new labor contract is concluded after the implementation of the Labor Contract Law.

No, I can't.

Contracts signed after 2008 must be counted as the first time, so you are now in the performance period of the second contract. At the end of the current contract, if the employer agrees to renew it, you can request to sign an indefinite term employment contract.

Hello, no. The Labor Contract Law came into force on January 1, 2008, so the previous one is not counted.

What is the right of the enterprise to implement the wage system, the purpose is to encourage the enthusiasm of the employees, so that the interests of the employees can be fully reflected, and the interests of the enterprise can be maximized development, the change of wages, the contract should be changed in a timely manner, the employees have comments or objections to the wages, which can be solved through negotiation, if the negotiation fails, the contract can not be signed, and if it has been signed, it can also be proposed to terminate the contract, and there is no violation of the true intention, and there is no fraud, coercion and other behaviors, Because the contract is signed by each other.

The distribution of wages should be gradually increased, and if the enterprise does not have a perfect system, and only by virtue of the initiative to change the salary and benefits at will and renew the labor contract at a lower rate than the original labor contract standard, the employee has the right to refuse, and the enterprise shall pay economic compensation according to the number of years of service. Where economic compensation should be paid but is not paid, compensation may be ordered.

If you don't say anything in the contract, don't worry about it, find a mistake for him and fire him.

If there is, get him in trouble and make him make a mistake of breaking the contract and fire him.

In fact, the hourly wage system is also a fixed salary, but it is just a different unit. Just like how much salary per year is a fixed salary, how much salary per month is also a fixed salary, and how much salary per day is still a fixed salary.

No, there is no contract, more than one year according to the signing of an indefinite term labor contract!

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Labor arbitration settles the matter! It is completely possible to win the case. You can apply at any time.

1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.

2. Because of the illegal behavior of the unit, you can resign at any time and ask the employer to pay you severance 5 months' salary, double salary, 11 months' salary, supplementary insurance, etc.

3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, and you can leave your job at any time. The employer does not have the right to garnish any wages.

4. Collect some evidence that can prove that you have an employment relationship with this unit, such as work cards, salary cards, attendance records, etc.

Legal basis. 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.

Article 82 Where 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 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The comprehensive working hours system must be reported to the local labor bureau for the record, and the employer can only implement it with the approval of the labor bureau. Without the approval of the Labor Bureau (with a written reply stamped by the Labor Bureau), it is illegal and invalid for an employer to implement the comprehensive working hours system without authorization.

Even if the comprehensive working hours system is approved by the Labor Bureau, if the employer wants to change the standard working hours system to the comprehensive working hours system, it is a change in the labor contract, and it must negotiate with the employee, and the employee can only change it if the employee agrees, and the employee cannot change it if the employee does not agree. Therefore, the employee has every right to refuse the change.