The new labor law contract, what is the new labor contract law?

It is estimated that you have been put on the list of dismissals, and there will be no compensation for dismissal during the probationary period. Now the question is how long is the contract you signed, whether it is a probationary contract or a formal contract, if it is only a 3-month probationary contract, then there is no way. There will be compensation in a formal contract.

Unilateral dismissal by the company should be paid severance payment.

Supplement: Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the number of years of service in the employer and the standard of 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.

Dizzy, I thought you wanted a labor contract. In this case, the company clearly violated the Labor Contract Law of the People's Republic of China (effective as of January 1, 2008).

As long as the probationary period expires, the people are afraid that it is one hour, the company will have to pay compensation according to the labor agreement, and you can negotiate with each other, if the company does not give it unreasonably, you can appeal to the local social security bureau. The standard is less than half a year, the probation has passed, the company should give one month's notice, if the company needs to terminate the labor relationship immediately, the company also needs to pay a salary as notice in lieu of notice.

Attention should be paid to the following aspects when signing a contract under the new labor law:

The Labor Contract Law of the People's Republic of China (effective as of January 1, 2008) stipulates the mandatory provisions of labor contracts.

Paragraphs: 1) The term of the labor contract;

Pay attention mainly to the agreement on the probation period (if the term of the labor contract is more than three months but less than one year, the probation 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, and the salary during the probationary period shall not be lower than 80% of the minimum wage for the same position in the same unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located. The renewal of the labor contract shall not stipulate a probationary period. ）

2) The content of the work and the place of work; (Especially for group companies, the place of work must be clearly written).

3) Working hours, rest and vacation;

4) remuneration for labor;

5) Social insurance;

6) The name, address, and legal representative or principal responsible person of the employer;

7) The worker's name, address, resident ID card or other valid identification number;

8) Labor protection, working conditions and protection against occupational hazards.

You must clearly state the above points, and the specific contract model company is located in the human resources and social security bureau to provide a model.

1. It is illegal for the company to dismiss you after your probationary period, because you have actually changed to a formal contract period after working for 4 months, and the unit will pay double compensation if you terminate it without reason, and the compensation for your work for less than half a year is half a month's salary, so the unit should pay compensation for 1 month's salary plus one month's salary in lieu of notice.

2. In addition, because the employer has not signed a contract, you must also pay double your salary for these months.

Double compensation for the one-month period of uncontracted labor can be claimed.

Legal analysis: The new labor contract law stipulates that: (1) the registered capital shall not be less than RMB 2 million; (2) Have fixed business premises and facilities suitable for conducting business; (3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations; (4) Other conditions provided for by laws and administrative regulations.

Legal basis: Article 4 of the Labor Law of the People's Republic of China Article 4 A branch established by an employer as stipulated in the Labor Contract Law may conclude a labor contract with an employee as an employer if it obtains a business license or registration certificate in accordance with the law; If a person fails to obtain a business license or registration certificate in accordance with the law, he or she may conclude a labor contract with the employee upon the entrustment of the employer.

As a law to protect the rights and interests of employees and employers, the latest Labor Contract Law provides legal protection for the construction of a harmonious and stable labor relationship. Nowadays, the emergence of various new situations in labor relations has made the Labor Law constantly updated and improved.

1. How to interpret the latest labor contract law

1. It is costly not to sign a labor contract. The employer must sign a written employment contract with the employee.

2. Rest and vacation are included in the labor contract. Promote the legalization of working hours.

3. Failure to fulfill the obligation to inform may be "fraud". Employers should not provide false information and deliberately conceal occupational hazards in recruitment.

4. Compensation shall also be paid for the natural termination of the contract. Unless the employee cannot renew the contract for reasons, the employer must pay the employee the same compensation standard as the termination of the long-term labor contract.

5. The longer the employee, the more economic compensation. If the monthly wage of the worker is three times higher than the average social wage in the place where the employer is located, the maximum shall be three times, and the maximum compensation period shall not exceed 12 years.

6. Use the notice to "fire people" faster. It is convenient for employers to flexibly choose the termination time when they legally terminate the employment contract.

7. The probationary period shall not exceed six months. The same employer and the same employee can only agree on one probationary period, and the probationary period is premised on the establishment of the employment contract.

8. It is difficult to avoid responsibility for the use of labor dispatch workers. Some employers are keen to use dispatched workers, hoping to avoid liability in addition to hiring strategy considerations.

9. The large-scale "speculation" procedure should be legal. An employer may only lay off its personnel during the period of statutory rectification on the verge of bankruptcy or if serious difficulties arise in its production and operation conditions, and it is truly necessary to lay off its personnel.

10. Special employees shall not be dismissed at will. If the employee has worked for the employer for 15 consecutive years and is less than 5 years away from the statutory retirement age, the employer shall not terminate the employment contract with the employee even if the employment contract expires.

2. The scope of adjustment of the Labor Contract Law

This Law shall apply to domestic enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

At the same time, it is stipulated in the supplementary provisions that if a public institution concludes, performs, modifies, dissolves or terminates a labor contract with a staff member who implements the employment system, and the laws, administrative regulations or the government provide otherwise, follow those provisions; Where no provisions are made, follow the relevant provisions of this Law.

As an employee, you need to gradually improve your understanding of the Labor Contract Law and gradually understand your rights and obligations under the Labor Contract Law. When signing an employment contract with an employer, it is necessary to carefully check whether the employment contract complies with the law.

Legal Analysis: An employment contract is an agreement between an employee and a modified employer to establish an employment relationship and clarify 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 labor contract shall be concluded in writing and shall have the following provisions: (1) the duration of the labor contract; (2) The content of the work; (3) Labor protection and working conditions; 4) remuneration for labor; (5) Labor discipline; (6) the conditions for the termination of the labor contract; (7) Liability for breach of labor contract.

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

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

Article 17 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.

Article 18 The following labor contracts are invalid:

1) Labor contracts that violate laws and administrative regulations;

2) Labor contracts concluded by means of fraud, threats or other means.

An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part.

The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.