Does the national labor contract system include public welfare positions?

Updated on society 2024-04-02
4 answers
  1. Anonymous users2024-02-07

    Not included. The all-people contract worker is a term that appeared during the transition from a planned economy to a market economy, and is no longer used; Public welfare positions are a term that has emerged in recent years. The two nouns do not belong to the same period, so there is no relationship between containing and being included.

  2. Anonymous users2024-02-06

    When an employee establishes an employment relationship with an employer, both parties shall sign a written labor contract in accordance with the provisions of the Labor Contract Law, and public welfare positions also fall within the scope of the Labor Contract Law, and the labor contract shall be agreed upon by the employer and the employee through consultation, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

    Labor Contract Law

    Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

    Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

    The employer and the employee shall each hold one copy of the labor contract.

    Article 17 The labor 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;

    9) Other matters that shall 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 welfare benefits.

  3. Anonymous users2024-02-05

    Legal analysis: Public welfare posts are not subject to the provisions of the Labor Contract Law, and the economic compensation and compensation are provisions for ordinary labor relations, while public welfare posts are generated under the special policies of the state and should follow their special purposes and systems.

    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. A labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the duties 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 enter into 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.

  4. Anonymous users2024-02-04

    Legitimate.

    The labor contract system refers to a labor employment system in which the employer and the employee sign a labor contract in accordance with the law, and both parties perform it in accordance with the labor contract.

    [Public welfare posts] refer to the labor positions in which workers serve the public interest.

    Differences:

    The labor contract system is to determine the labor relationship between the employee and the employer;

    Public welfare posts are the jobs that determine the workers.

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