I ve been working on the Employee Handbook recently, and I have a few questions that I need to ask a

1. The unit can take a holiday, but it cannot arrange a holiday, as long as it does not take a holiday, it must be paid at three times the salary, because this is the national law.

2. Sign confidentiality coordination or non-competition.

3. Employee absenteeism, the state does not clearly stipulate, as long as the workers' congress has no opinion, can be passed, the general situation is according to the continuous absenteeism of 3 days or the cumulative absence of 5 days in the month according to the automatic resignation.

4. There are generally the following circumstances under which an employer can terminate an employment relationship, but pay attention to the evidence.

1) The worker is not qualified for his or her own job and is still incompetent after training and transfer.

2) The worker is sick or injured at work, and is still unable to work after the statutory medical treatment period.

3) The worker seriously violates the rules and regulations of the employer.

4) The worker violates the national law and is investigated for criminal responsibility according to law.

5) The worker proves that he is unqualified during the probation period.

6) Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer.

1. If the employee proposes his immortal annual leave in writing, the employer shall convert his annual leave time into salary (3 times) and pay it to the employee;

2. If there is an agreement on dedication, it is necessary to sign a non-compete clause;

3. The general way to deal with absenteeism is wages or even dismissal, but this should be agreed in the employee handbook;

4. Termination of labor contract: (1) It is proved that the employee does not meet the employment conditions during the probationary period.

2) Serious violation of labor discipline or the rules and regulations of the employer.

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer.

4) Those who have been investigated for criminal responsibility in accordance with law.

1.The employer may pay the salary income during the normal working period.

2.Whether there is a non-compete agreement.

If there is no evidence to prove that you have violated the employee handbook, the employer is an illegal termination, and the notice is unilaterally made by the employer and has legal effect, but it is an illegal termination, and you can claim double the compensation of severance and payment in lieu of notice. If you need help, please call us to talk to us.

The manual has no legal effect. If the company system is not illegal, it has legal effect. When you enter the company, even if you don't sign it, you must accept the restrictions of the company's system. If the relevant provisions are contrary to the law, they may be shown to the competent authority.

Hello:1Generally speaking, the rules and regulations formulated by the employer are recorded in the employee handbook, and if the content in the handbook does not violate the provisions of the laws and regulations, even if there are provisions that are unfavorable to the employee in the eyes of the employee, it is still legally effective;

2.If you sign for the manual, it means that you have known the content of the manual, fully understand the rules and regulations of the unit, and if you violate the content of the manual, the unit can punish you according to the provisions of the manual;

3.Again, as long as the content in the manual issued by the unit is not illegal, the unit's practice is understandable and within the scope permitted by law!

Legal analysis: At present, there is no clear provision in China that employers must issue employee handbooks to employees, and most of them are implemented in accordance with the company's rules and regulations.

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

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the employment contract by notifying the employer three days in advance.

Does the content of the employee handbook require the consent of the employee before the company can unilaterally implement it? Of course not. After all, the employee handbook is an employee management system unilaterally produced by the employer, and many of the contents on it may involve the vital interests of employees, so employees have the right to know and the right to vote on the manuscript.

Under normal circumstances, qualified units can set up a workers' congress, and in the case of a workers' congress, the company's management system such as the employee handbook must be voted and approved by the workers' congress, and can only be implemented on the basis of approval. If the employee congress disagrees with the content of the employee handbook, it can negotiate with the unit to revise it.

In companies without employee congresses, the employee handbook should at least be publicized to employees when they join the company, so that employees know what rules need to be followed once they enter the company, so employees have the right to know about these employee handbooks and other management systems. If an employee disagrees with the contents of the employee handbook, at least the employee has the option to choose whether or not to work for the company. If the employee handbook does not disclose the employee, when the employee violates a clause in the handbook, he or she can ask for confirmation that the clause is invalid.

Enterprises generally have employee representative organizations, and the rules and regulations of the conventional basis generally need to be voted by the workers' congress by a show of hands, or posted without objection, and the founder key is launched and issued. However, if the individual is hired after the introduction of the employee handbook, it must be strictly adhered to. The management of small enterprises is relatively non-standardized, and basically the Ministry of Human Resources drafts the boss and approves the implementation, but in fact, this method is very poor.

Of course, no, any enterprise must respect employees as the premise, and must obtain the consent of employees before they can be implemented in accordance with the content of the manual.

No, because according to national laws, the content of the employee handbook must be agreed to by the employee and the company.

Not all, of course. Because the formulation of the employee handbook is also chaotic and humane, it is also necessary to be democratic and clear some development trends in line with their own companies, and there are also some personnel transfers.

Legal Bridging Analysis:

Both the contract and the employee handbook are legally binding, provided that the content does not violate national laws and regulations. Generally speaking, the rules and regulations formulated by the employer are recorded in the employee handbook, and if the content in the handbook does not violate the provisions of the laws and regulations, even if there are provisions that are unfavorable to the employee in the eyes of the employee, it is still legally effective;

In the process of compiling the employee handbook, we should abide by the five principles of acting in accordance with the law, equal rights and responsibilities, being practical, constantly improving, and fairness, justice and openness.

1. Act in accordance with the law: The formulation of the employee handbook should follow the national laws, regulations and administrative regulations.

3. Be practical: The employee handbook should have actual content and reflect the personality characteristics of the enterprise.

4. Continuous improvement: The employee handbook should be timely, continuously improved and improved.

Legal basis: Labor Contract Law of the People's Republic of China Chapter 1 Article 4 When formulating rules and regulations or major matters directly related to the vital interests of employees, an employer shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Labor Law of the People's Republic of China Chapter 3 Article 4 Rules and regulations formulated through democratic procedures, which do not violate national laws, administrative regulations and policy provisions, and have been publicized to workers, may be used as the basis for the people's courts to hear labor dispute cases. This provision establishes the validity of the formulation or revision of the employee handbook, and establishes three principles: first, it needs to be formulated through a democratic process; second, it does not violate national laws, administrative regulations and policies; Third, it has been publicized to workers.

Whether the employee handbook has legal effect mainly depends on whether the enterprise has formulated it in accordance with the legal procedures and the requirements of laws and regulations, as long as it is formulated in accordance with the relevant provisions of the labor law and the relevant procedures have been fulfilled, the employee handbook is valid.

Legal basis] Article 4 of the Labor Contract Law stipulates that when an employer formulates rules and regulations or major matters that directly affect the vital interests of employees, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. The employer shall publicize the rules and regulations and major matters directly related to the vital interests of the employee, or inform the employee.

At the same time, if the rules and regulations formulated through democratic procedures do not violate national laws, administrative regulations and policies, and have been publicized to the workers, they may be used as the basis for the people's courts to hear labor dispute cases.

In order to accurately and quickly solve your problems and protect your legitimate rights and interests, it is recommended that you explain the details to a professional lawyer and solve your actual problems one-to-one.

The employee handbook has the force of law. Here's why:

1. Generally speaking, the rules and regulations formulated by the unit are recorded in the employee handbook, and if the content in the handbook does not violate the provisions of the laws and regulations, even if there are unfavorable terms in the eyes of the employees, they are also legally effective;

2. Signing means that the content of the manual has been known, and the rules and regulations of the unit are fully understood.

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.

According to the regulations, an employment contract is only legal and effective if it is signed by both parties in accordance with the principles of "legality, fairness, equality, voluntariness, consensus, honesty and trustworthiness", and the rules and regulations are only a manifestation of the unilateral exercise of management power by the enterprise. From this, it can be seen that the status of enterprise rules and regulations should be lower than that of labor contracts.

Legal basisArticle 502 of the Civil Code of the People's Republic of China.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties to the malpractice.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party that should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

In accordance with the provisions of laws and administrative regulations, the modification, transfer, termination and other circumstances of the contract shall go through the formalities such as approval of Nakebi, the provisions of the preceding paragraph shall apply.

It is okay to send or not, but you should keep the evidence of "inform the worker through effective channels", and if you are training, you should make training records: training time, training content, and participant sign-in, and keep the text of the employee handbook as an attachment to the training record.

If it is sent to employees, employees follow the manual and are not easy to make mistakes, and managers at all levels are concise when implementing regulations; However, at the same time, if the employer violates the content of the manual, or if the provisions of the manual itself are illegal, it is easy for the employee to seize the evidence in time to file a labor dispute lawsuit.

If you don't send it, it will be more troublesome to use it on a daily basis, and it may be that new employees are not familiar with some regulations and make mistakes. Of course, if your unit does something, it's not impossible.

Whether to send or not to send is a secondary contradiction, and the production of a reasonable and legal "employee handbook" is the king.

Yes, let employees know the content.