-
You take care to keep relevant evidence.
Article 1 of the Notice on Matters Concerning the Establishment of Labor Relations stipulates that an employment relationship shall be established if an employer recruits an employee without entering into a written labor contract, but at the same time meets the following circumstances:
1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;
2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;
3) The labor provided by the worker is an integral part of the employer's business.
Article 2: If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;
3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;
4) Attendance records;
5) Testimony of other workers, etc.
Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).
If the company does not sign a labor contract with you, you can ask for double wages in accordance with Article 82 of the Labor Contract Law, and at the same time, the company hires child laborers under the age of 16, and the labor department can punish it.
-
Go to the labor arbitration for advice.
-
Illegal hiring, your company will be severely punished by the labor department.
There's a reason why they won't sign a contract with you.
Did you get compensated for being optimized? What is the form in which the company pays you every time?
Cash? Or something else?
-
Legal Analysis: Workers after the age of 60 are protected by the Labor Law. As long as the workers in our country are protected, they are protected by the labor law, and there is no age limit.
Legal basis: Article 2 of the Labor Law of the People's Republic of China This Law shall apply to enterprises, individual organizations and workers who have formed labor relations within the territory of the People's Republic of China. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
-
Legal analysis: The clauses in the labor contract clauses that are inclined to protect the employee include the establishment of an employment relationship between the employer and the employee from the date of employment, and the requirement that the employer strictly abide by the labor standards such as working hours, wages, and labor quotas. The employer and the employee may conclude an open-term labor contract if they reach a consensus through consultation, and a fixed-term labor contract shall be concluded under the following circumstances: the employee has worked for the employer for ten consecutive years and has entered into two fixed-term labor contracts in a row, and the conclusion of an indefinite-term labor contract is encouraged.
In terms of terminating an employment contract, the employee is more free than the employer. In the labor relationship, the worker is always in a disadvantaged position relative to the employer, and from the perspective of protecting the rights and interests of the worker, the law gives the worker the right to unilaterally terminate the labor contract, which is conducive to the worker to choose the most suitable occupation according to his own ability, strengths, interests and hobbies, and give full play to the potential of the worker, thus conducive to the realization of the rational allocation of labor resources.
Legal basis: Labor Contract 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 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on a labor contract with no definite 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 the employee proposes or agrees to renew or conclude a labor contract, the employee shall enter into an indefinite-term labor contract unless the employee proposes 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 have been concluded consecutively, and the labor contract is renewed without the circumstances provided for in Paragraphs 1 and 2 of Article 39 and 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.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
-
Legal Analysis: The employment contract for the age of 16 or above comes into effect. According to Article 18 of the Civil Code of the People's Republic of China, adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.
Minors over the age of 16 who rely on their own labor income as their main livelihood, shall be regarded as a complete civil act.
Legal basis: Article 58 of the Labor Law of the People's Republic of China The State implements special labor protections for female employees and juvenile workers. Juvenile workers refer to workers who are at least 16 years old and under 18 years old.
-
It is illegal for an employer to use a worker under the age of 16, and the labor contract signed by both parties is invalid, and if the worker under the age of 16 has already paid for the work, the employer needs to pay remuneration, and the labor department shall punish the employer in accordance with the law.
According to the definition of China's Labor Law, child labor refers to juveniles and children under the age of 16 who have a labor relationship with an employer or individual and engage in labor with economic income or engage in self-employment.
Child Labor Provisions: Companies should not use or support the use of child labor that meets the above definitions. If children are found to be engaged in work that falls within the above definition of child labor, the company shall establish, document, maintain and effectively communicate policies and measures to remedy these children to employees and stakeholders.
The Company shall also provide adequate support for these children to enable them to attend school until they exceed the age of the child as defined above. Companies should establish, document, and maintain the provisions of ILO Recommendation 146 aimed at promoting targeted and locally appropriate promotions.
General Principles of the Civil Law of the People's Republic of China
Paragraph 2 of Article 11 provides:'Citizens over the age of 16 but under the age of 18 who rely on their own labor income as their main livelihood shall be regarded as persons with full capacity for civil conduct. A person with full capacity for conduct is a qualified subject of an employment contract, and the employment contract signed by him is valid.
However, minors who have reached the age of 16 but are not allowed to engage in labor that is underground, toxic and harmful, or that is of the fourth level of physical labor intensity as prescribed by the state, or other labor that is taboo to engage in, is invalid.
Child labor refers to workers under the age of 16.
Labor Law of the People's Republic of China
Article 15 stipulates that employers are prohibited from recruiting minors under the age of 16. Regulations and documents such as the Regulations on the Prohibition of the Use of Child Labor (Order No. 81) and the Regulations on the Standards of Fines for the Use of Child Labor (Ministry of Labor and Ministry of Finance, Lao Li Zi No. 27 1992) and other regulations and documents clearly stipulate that the use of child labor is prohibited.
-
If you are not 16 years old, the company has already broken the law! If you sign a contract and do not turn a regular job, you can leave your job, submit a resignation application one week in advance, and submit a resignation application one month in advance after becoming a regular, and the general company will not deduct your salary, depending on the company's reputation!
-
Labor Law Age Limit for Child Labor China's labor law strictly prohibits enterprises from employing child laborers under the age of 16. Workers over the age of 16 but under the age of 18 are considered juvenile workers, but the Labor Law restricts the employment of juvenile workers by enterprises and stipulates that enterprises implement specific protective measures for juvenile workers. Therefore, juvenile workers are not suitable to work in enterprises with long working hours, high labor intensity, and physical health and development.
-
How can I sign an employment contract under the age of 16? Contrary to the law.
-
1. Legal basis: Article 47 of the Contract Law [Contracts Concluded by Persons with Restricted Capacity] A contract entered into by a person with limited capacity for civil conduct shall be valid after being retroactively recognized by the statutory person, but a contract that is purely beneficial or a contract concluded in accordance with its age, intelligence, and mental health status does not need to be recognized by the statutory person. The counterpart may urge the statutory ** person to make a retrospective recognition within one month.
If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.
Article 58 of the General Principles of the Civil Law: The following civil acts are invalid: (1) carried out by a person who lacks capacity for civil conduct; (2) Where persons with limited capacity for civil conduct are unable to do so independently in accordance with law; (3) One party uses fraud or coercion or takes advantage of the danger of others to cause the other party to act contrary to its true intentions; (4) Maliciously colluding to harm the interests of the state, the collective, or a third party; (5) Violating the law or the public interest; (6) The economic contract violates the directive plan of the state; (This paragraph was deleted in 2009 and was not removed) (7) Concealing an illegal purpose in a lawful form.
An invalid civil act is not legally binding from the beginning of the act.
2. Lawyer's opinion: 1. According to the above provisions, a contract entered into by a person with limited civil capacity who has reached the age of 10 but is not yet 16 years old is valid after being recognized by the law, but the contract that is purely beneficial or the contract concluded in accordance with his age, intelligence, and mental health status does not need to be recognized by the statutory person. The counterpart may urge the statutory ** person to make a retrospective recognition within one month.
If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.
2. A person who lacks the capacity for civil conduct is invalid if he or she carries out a civil act other than a purely beneficial act.
The above suggestions are for your reference.
-
Legal basis: Labor Law of the People's Republic of China
Article 15: Employers are prohibited from recruiting minors under the age of 16.
Arts, sports, and special craft units recruiting minors under the age of 16 must abide by the relevant provisions of the state and protect their right to receive compulsory education.
Article 58: The State implements special labor protections for female employees and juvenile workers.
-
1 In the Labor Code, a juvenile worker who has reached the age of 16 is of course available and must sign a contract.
2 According to the Labor Contract Law, if the labor contract is not signed, then the employee can demand double wages.
3. According to the general principles of the Civil Law, if a person who has reached the age of 16 works and can reach the local minimum wage, he or she shall be regarded as a person with full capacity for civil conduct.
The following are the relevant legal requirements.
Article 58: The State implements special labor protections for female employees and juvenile workers.
Juvenile workers are workers who are between the ages of 16 and 18.
Article 64 Juvenile workers shall not be arranged to engage in underground mines, toxic and harmful labor, labor of the fourth level of physical labor intensity prescribed by the State, and other labor that is taboo.
Article 65 Employers shall conduct regular health examinations for juvenile workers.
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.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
No, because the one-child certificate system has been abolished, it is impossible to apply for it, and children over the age of 16 cannot enjoy the preferential treatment of only children even if the conditions are met. >>>More
Because these cards are not so simple to handle. Many people will think that they are already over 16 years old, and they can write some of them with an ID card, but some of them are special.
If you are not over 16 years old and do not have an ID card, you can directly get the household registration book. >>>More
Article 15 of the Labor Law prohibits employers from employing minors under the age of 16. >>>More
Girls who are at least 17 years old, who have graduated from high school or who are enrolled in a university, are eligible for conscription. >>>More