In the case of work and employment contracts, work agreements and employment contracts Employment co

If the employer does not sign a contract within 30 days of the employee's employment, it shall be deemed to have an indefinite term contract, and shall pay economic compensation when the employee leaves the company.

The employer's one-month delay in the payment of wages for the current month also violated the new law's provision that "labor remuneration shall be paid on a monthly basis, and the delay shall not exceed 15 days".

The new law also stipulates that workers will be given at least one day off per week while adhering to the 40-hour work week.

Your friend's company has many illegal cases, and according to your friend's situation, you can leave your job at any time and ask for financial compensation. Otherwise, according to the company, if you want to leave the company after approval, then the salary of the month of application for resignation will not be paid back to her, which is a vicious circle.

Does the employee pay liquidated damages when he terminates the labor contract?

Liquidated damages refer to a certain amount of money paid by one party to the other party in the event of breach of contract as agreed by the parties in the contract or prescribed by law, and is a major form of liability for breach of contract in contract law.

Article 25 of the Labor Contract Law stipulates that: "Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages." That is, it is only under the condition that the agreed service period and non-competition are stipulated that the employee shall bear the liquidated damages.

This is the first time in China that the application of liquidated damages for labor contracts has been clearly stipulated in the law.

Regarding the standard of liquidated damages, firstly, if the employee violates the service period agreement, the liquidated damages may be agreed. Where an employer provides special training expenses for workers and provides them with professional and technical training, it may enter into an agreement with the workers to stipulate the service period.

According to Article 22 of the Labor Contract Law, "if an employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement." The amount of liquidated damages for breach of the service period shall not exceed the training fees provided by the employer.

In the event of a breach of contract, the liquidated damages paid by the employee shall not exceed the training fee for the unfulfilled part of the service period. ”

Second, if an employee violates the non-compete provisions, liquidated damages may be agreed. However, the Labor Contract Law does not specifically stipulate the amount of liquidated damages to be borne for breach of non-competition, which means that the employee and the employer can negotiate and agree, but the liquidated damages for breach of non-compete cannot violate the provisions of relevant laws and the principle of fairness. In addition to the above two circumstances, the employer shall not agree with the employee on the liquidated damages to be borne by the employee, or stipulate that the employee shall bear the liability for breach of contract in the name of compensation, liquidated damages, liquidated damages, liquidated damages, etc.

Yes.

Legal analysis: The agreement split letter is a written material signed by two or more parties in social life after the two or more parties have reached an agreement through joint consultation in order to protect their respective legitimate rights and interests. An agreement is a type of contractual instrument.

An employment contract refers to an agreement between an employee and an employer that establishes a labor source and training relationship and clarifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principle of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

Legal basis: Labor Law of the People's Republic of China

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.

An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties.

The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Precautions for employees when signing an employment contract:

1. Pay attention to the name, registered address and other information of the signing unit, these industrial and commercial information can be found on the Internet, in practice, some employers recruit employees, and sign the contract in the name of a labor dispatch company or a third-party company.

2. Try not to sign blank or blank contracts with unfilled content, especially when it comes to key information such as salary standards, positions, and work locations, it is best to fill in completely.

3. Before signing the contract, the terms should be read carefully, and those who do not understand should be asked clearly.

4. Sign on each page when signing the contract to avoid the unit replacing the unsigned contract page.

5. The labor contract is held by both parties, and the employee should confirm that the content of the two contracts is consistent when signing the contract.

Characteristics of the employment contract:

1. The subject of the labor contract is specific. One side is laborers, that is, Chinese, foreigners and stateless persons with labor rights and labor behavior; The other party is the employer, that is, the enterprise, individual economic organization, public institution, state organ, social organization and other employers that have the right and ability to use labor. In the process of realizing labor, both parties have a subordinate relationship of domination and domination, leadership and obedience.

2. The content of the labor contract has the unity and correspondence of labor rights and obligations. There is no one who only enjoys labor rights but does not perform labor obligations, and there is no one who only fulfills labor obligations but does not enjoy labor rights. The labor rights of one party are the labor obligations of the other and vice versa.

3. The object of the labor contract is singular, that is, the labor behavior.

4. The labor contract has the characteristics of a promised, paid, and double-service contract. The labor contract shall be established when the employee and the employer reach an agreement on the terms and conditions of the labor contract. Employers pay labor remuneration according to the quantity and quality of labor performed by employees, and cannot use labor without compensation.

Both the laborer and the employer enjoy certain rights and fulfill the corresponding obligations. <>

According to the description of the case, if the employee falsified the physical examination before entering the post, and it was not caused by the company's error, then the company can terminate the contract on the grounds that the medical examination was fraudulent and did not meet the requirements.

Of course, the employee can appeal to the relevant department for arbitration on the grounds that the company's reasons are insufficient and the probationary period has expired. The arbitration department will basically coordinate the termination of the agreement, and the company may be required to pay some compensation (because the company side will also face a default investigation).

Party A: Manufacturer.

Party B: Wang.

It is reasonable that Party B is deceived and does not meet the entry conditions.

Yes, this is the process, but generally Party A will not agree.

In this case, because Party B falsified the labor contract first, and Party A terminated the labor contract later, the contract was not recognized, and Party A could continue to terminate Party B without any compensation!

In fact, you can terminate the labor contract, because you deceived you to get a fake vision certificate first, and their investigation is not clear, so you are not competent for the job, and you can coordinate with the factory to change positions.

OK. According to Article 72 of the Labor Law, social insurance shall determine the funds according to the type of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Businesses are required to take out insurance for their workers.

According to Article 26 of the Labor Contract Law, the following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If the enterprise violates the second clause, the employer exempts itself from statutory liability and excludes the rights of the employee, so the employment contract is invalid or partially invalid.

You may apply this Law in accordance with Article 2 of the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

to apply for arbitration at a labor arbitration institution.

According to Article 53 of the Labor Dispute Mediation and Arbitration Law, there is no fee for labor dispute arbitration. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

So you don't have to bear any costs of arbitration.

According to Article 47 of the Law on Mediation and Arbitration of Labor Disputes, the arbitral award shall be final and effective from the date of its issuance, unless otherwise provided in this Law, for the following labor disputes: (1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

Article 48 Where a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

If you are not satisfied with the outcome of the arbitration, you can appeal, but the employer cannot.

Of course, you can also report it

You can ask your employer to sign an indefinite employment contract with you, or you can ask for double your salary for 11 months of the previous year.

Article 14 of the Labor Contract Law of the People's Republic of China provides that an indefinite-term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. (3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

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.

Hello, you can claim compensation from the employer, you should sign an indefinite labor contract in the third year, and it is illegal for the company to fail to sign it.