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Anonymous users2024-02-081. The employee handbook is not a collective contract, and the two are different legal concepts.
2. The employee handbook is mainly the internal personnel system management norm of the enterprise, and at the same time covers all aspects of the enterprise, carrying and disseminating the corporate image and corporate culture functions. It is an effective management tool and a guide to action for employees.
"Employee handbook" is the condensation of corporate rules and regulations, corporate culture and corporate strategy, and is the "law and regulation" within the enterprise, and also plays a role in displaying the corporate image and disseminating corporate culture.
3. Collective contract refers to the written agreement reached between the employees of an enterprise and the employer on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc.
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Anonymous users2024-02-07The employment contract and the employee handbook (rules and regulations) are of a different nature and cannot form part of each other. Since it is a contract, it must be concluded through negotiation between the parties to the contract, at least on the surface, the labor contract is also negotiated between the two parties, rather than unilaterally formulated by the company. (In fact, most of the terms of the contract are set by the company, but the form is agreed by both parties.)
The employee handbook (rules and regulations) is not a contract, but is unilaterally formulated by the company, as long as the content is legal, and the opinions of employees or employee representatives are solicited on the established procedures, the employee handbook can be applied.
Although labor law requires employees to be consulted and democratic procedures are required by the labor law to formulate rules and regulations, this is completely different from negotiating a contract as one of the parties to a contract.
The legal basis is the Labor Contract Law.
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Anonymous users2024-02-06Legal analysis: As long as the restrictive provisions of the law are not violated, the employee has the obligation to abide by the rules and disciplines. After the employer and the employee sign a labor contract to establish the labor relationship, there is a subordinate relationship in a certain sense between the two parties, that is, the employee needs to obey the command, arrangement and supervision of the enterprise.
The rules and regulations such as the Employee Handbook formulated by the enterprise are a way to exercise the right of management over the workers, and the laws and regulations also give the enterprise the right to self-management and self-management. However, although the legal rules and regulations of an enterprise can be regarded as an annex to the employment contract, they cannot change or replace the content of the contract that has been expressly agreed upon by both parties. Rules and regulations such as the Employee Handbook only play a supplementary role in the content of the employment contract that is not agreed upon or is not specific or clear.
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, 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.
The contents of the employee handbook are approximate.
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