50 points on the question of not having a fixed employment contract

1. "Can the labor contract be terminated?" "Yes.

2. Can I ask for financial compensation from the worker? If the employer suffers losses due to the falsification of his academic qualifications and experience in his previous work, he or she may be required to compensate for the corresponding losses; If it is only a fraud and does not cause losses to the employer due to the fraud, the employee cannot be required to compensate for it.

3. If a similar person is found among the newcomers, can the unpaid wages be suspended and the labor contract terminated? ”：

1) Cannot suspend the payment of wages: That is a delay in wages, which will give the employee a reason not to resign with advance notice and ask for economic compensation from the employer.

2) It is also necessary not to pay wages: because the employee has provided the corresponding labor before the discovery, the employer shall pay the wages.

3) The labor contract can be terminated without economic compensation.

First of all, the employment contract can definitely be terminated because the employer was induced by the employee's false information before signing the contract to sign the contract, so whether the contract itself is valid is debatable.

Second, as long as the economic compensation of the worker is not excessive, it will be compensated, and China's labor law seems to stipulate 3 months.

Thirdly, it is not possible to suspend the salary that has not been paid before, after all, he has paid for labor, but the labor contract can be terminated!

As a reminder, when a company hires a new person, it's best to check the applicant's basic information, it's necessary! Secondly, academic qualifications don't mean anything! In those so-called good universities, more than 90% of students have not learned anything!

So if he works well in your company and you feel he is capable, then it's OK! Academic qualifications are not important, what matters is ability!

The employment contract can be terminated.

1. Compensation standards for not signing an indefinite labor contract.

If the employer does not sign an indefinite term labor contract, the compensation standard is that it can claim double the salary.

According to the Labor Contract Law of the People's Republic of China

Article 82 [Legal Responsibility for Failure to Conclude a Written Labor Contract] 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.

If a unit violates the provisions of this Law by not concluding an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

2. What are the circumstances for concluding an indefinite contract?

When an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term contract shall be concluded unless the employee proposes to conclude a fixed-term labor contract.

1.The employee has worked for the employer for 10 consecutive years.

2.Where an employer implements the labor contract system for the first time or a state-owned enterprise restructures and re-concludes a labor contract, the employee has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age.

3.If the employee has concluded two fixed-term labor contracts in succession, and the employee has no circumstances that can be terminated by the employer in accordance with the law, and then renews the contract, he must sign an indefinite-term contract.

When signing an indefinite-term labor contract, it is actually required to be based on the voluntary and equal consent of both parties. In fact, this kind of contract is more conducive to the protection of the interests of workers, so some units are reluctant to sign it.

3. Compensation standards for the termination of fixed-term labor contracts.

The compensation standard for the termination of a fixed-term labor contract is calculated according to the number of years the employee has worked in the employer, and the standard is one month's salary for each year of service. Compensation for less than one year and half a year will be paid for one month; If it is less than six months, half a month's salary shall be compensated. However, the compensation shall not exceed 12 months.

1.Article 14 of the Labor Contract Law refers to an indefinite term labor contract in which the employer and the employee agree on an indefinite termination time.

An open-ended contract is not for life and can be terminated. Although there is no need to renew the contract, if the employee violates the relevant provisions of the labor law, the employer can terminate the contract in accordance with the law.

2.Paragraph 2 of Article 2 of the Labor Contract Law The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers who have established labor relations with them shall be executed in accordance with this Law.

3.Article 18 of the Regulations for the Implementation of the Labor Contract Law Article 18 In any of the following circumstances, the employee may terminate a fixed-term labor contract, an indefinite-term labor contract or a labor contract with a term of completion of a certain work task with the employer in accordance with the conditions and procedures stipulated in the Labor Contract Law

1) The worker and the employer have reached an agreement through consultation;

2) The worker notifies the employer in writing 30 days in advance;

3) The employee notifies the employer 3 days in advance during the probationary period;

4) The employer fails to provide labor protection or working conditions in accordance with the provisions of the labor contract;

5) The employer fails to pay labor remuneration in full and in a timely manner;

6) The employer fails to pay social insurance premiums for the worker in accordance with the law;

7) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

8) The employer uses fraud or coercion or takes advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intentions;

9) The employer exempts itself from statutory responsibilities and excludes the rights of employees in the labor contract;

10) The employer violates the mandatory provisions of laws and administrative regulations;

11) Where an employer forces a worker to work by means of violence, threats, or illegal restriction of personal freedom;

12) The employer directs or forces risky operations in violation of rules and regulations, endangering the personal safety of workers;

13) Other circumstances under which a worker may terminate a labor contract as provided by laws and administrative regulations.

Therefore, it is also possible to change jobs after signing an indefinite term labor contract.

4.According to the trainer, there are several problems.

1) If the contract is not renewed after termination, the employee needs to be compensated financially, which undoubtedly increases the employment cost.

2) If the contract is not renewed after the termination of each time, it will not be renewed temporarily, the position is vacant, and another person needs to be replaced, and new training is required, which is more troublesome.

3) If the contract is not renewed after each termination, the contract will not be renewed for the time being, but the employee still works without finding a replacement, it is deemed that the labor relationship still exists and the contract must be renewed within one month.

If you encounter this situation, you can report it to the local 12333 labor inspector**!

I can't type a lot, I suggest that you take an hour to read the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law" and you will know what to do, and it will benefit you for the rest of your life.

If you have been working in the same unit continuously (with evidence), regardless of whether the contract is terminated or not, as long as you sign two fixed-term employment contracts, it is deemed that the conditions of the previous indefinite-term employment contract have been fulfilled.

As long as it is in this enterprise, employees can do anything.

But businesses can't mess around.

It is recommended to find employment in formal state-owned enterprises.

1. You can mention, but the company can disagree and it is not illegal, but if the company still wants to renew the labor contract with you, it should sign an indefinite labor contract;

2. Is the company illegally terminating the labor contract with you? 2 months' wages for every full year of work, and 1 month's salary for less than half a year;

3. The statute of limitations for arbitration is one year.