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You can make a request and see how the company's opinion is. Besides, if the company signs a contract with you for one year or more, you can also apply for resignation at that time, and you can leave directly after completing the work handover procedures.
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You have the right to propose to sign a short-term contract, and the employer has the right not to sign it.
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Why do you work so hard, it's better to work for two more months and then get the year-end bonus before leaving.
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If the contract is not renewed at the expiration date, it is equivalent to an automatic termination of the contract without compensation.
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If the contract is not renewed upon expiration, one month's salary for half a year of work will be used as compensation, and the average salary of this half year will be used as the compensation standard.
Labor Contract Law
Article 44 The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires;
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (5) Except where the employer maintains or improves the conditions agreed in the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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You can rest assured that the Labor Contract Law stipulates that after signing two contracts, the employer should sign an indefinite contract with you.
Relevant Laws. Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.
The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:
1) The worker has worked for the employer for 10 consecutive years;
2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;
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.
If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.
You belong to the third category, and there is no such thing as a temporary worker in a formal setting now. Change to contract or hired worker.
Regular workers are now called "contract workers" and are signed every 3 or 5 years.
Temporary workers are now called "temporary contract workers" and are signed every 1 year.
The work is the same, but the salary and substitution are different.
Contractors sign contracts year after year, earn very little money, but the "leader" calls you to do some chores! Cheap labor!
Regular employees are those who hire you formally and don't have to sign contracts year after year to earn a lot of money, but they are the ones who are "leaders" themselves, and few people work and direct contract workers to work! Leaders reuse figures.
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It must be signed, this is a provision for the protection of workers, the latest provisions of the Labor Contract Law.
Contracts can be signed with the goal of the task.
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How can you sign a contract before the probationary period has passed?
The Labor Law stipulates that the probationary period for the inspection of personnel by the employer ranges from 3 to 6 months, and the employment contract is signed only after the probationary period expires and the employer considers that the probationer has passed the probation.
If you don't pass the performance during this time, what else will the company sign with you? Even if the front sign is a white sign, it is kicked out directly.
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It depends on whether you are a company or an individual.
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For short-term employment, in accordance with the relevant provisions of China's Labor Contract Law, a labor contract must also be signed, which is a labor contract with a time limit for completing a certain work task. Instead of signing a labor contract.
Article 12 of the Labor Contract Law stipulates that labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a period of completion of certain work tasks.
Article 15 stipulates that a labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain work is the term of the contract. The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.
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Generally, it is a signed labor contract, and the work agreement is only an intention, and overtime work cannot be compulsory, whether it is an intern or not, there are detailed provisions in the labor law.
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Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. The employer violates the provisions of this Law by not entering into an indefinite labor contract with the employee.
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1. Short-term contracts are valid as long as they do not violate labor laws.
2. The agreed social security method is invalid, and the enterprise must give social security to employees, even if it is a temporary worker.
3. If you want evidence to prove that Xiao Liu violated the contract and took the seal privately, the company can dismiss her without giving her any salary.
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To pay social security, according to Article 19 of the Labor Contract Law, the probationary period is included in the employment contract period. During this period, the employer shall apply for social insurance for the employee in accordance with the law.
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After signing the labor contract, the employee shall pay social security in accordance with the labor contract law.
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Social security is required. As long as you sign the labor contract, you must pay it.
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How short is a short-term employment contract? No matter how short-term the employment contract is, the mandatory clauses of the employment contract are mandatory. The main thing you pay attention to is the probationary time, salary, work and rest time, etc.
According to Article 19 of the Labor Contract Law, if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
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It can only be signed once, unless a contract is signed with a different unit, it can only appear more than once. If it is arranged by a labor dispatch company, then the labor period cannot be divided, otherwise, it will be reported to the labor bureau for resolution.
Pay special attention to these points in the purchase contract! If you sign a house, it's not yours, and you spend a lot of money in vain.
You can refer to the details mentioned above.
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