Labor Law Case Study Answers, Labor Law Case Study Questions?

1. Article 17 of the Labor Contract Law The labor contract shall have the following provisions: (7) social insurance; In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

2. Article 84 of the Social Insurance Law of the People's Republic of China If an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified period of time; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.

Article 86 Where an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit, and shall impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.

It can be seen that it is the statutory duty of the employer to pay social insurance to the employee. In other words, the payment of social insurance is a mandatory provision of the law, and if the contract between Li and the company indicates that Li recognizes that the company does not pay social insurance, such an agreement is also a violation of the mandatory provisions of laws and administrative regulations. It is an invalid agreement.

Clause. 3. The contract shall be invalid under any of the following circumstances according to Article 52 of the Contract Law of the People's Republic of China: 5); Violation of mandatory provisions of laws and administrative regulations.

Article 56: If an invalid or revoked contract is void from the beginning, and if part of the contract is invalid, the invalid part does not affect the validity of the other parts, and the other non-recognition is still valid. In other words, on the premise that other agreements in the contract between Li and the company are valid, the agreement in the contract that Li agrees not to pay social insurance is also an invalid agreement and is partially invalid. If Mr. Li files a lawsuit, he can claim that his contract with the company is partially invalid and require the company to pay social insurance during his work in the company.

Theoretically; It's somewhat unfair to the company, but the company must also pay the price for not knowing the law, and the answer is complete.

Hope it helps.

According to your description:

1. According to the current legal provisions, the handling of labor dispute cases shall go through the following three procedures: (1) the pre-procedure of labor arbitration, (2) the dissatisfaction can be filed with the basic court at the place of arbitration, and (3) the dissatisfaction can be appealed to the second instance. To go to court, you have to go through, as mentioned above:

pre-arbitration procedure, otherwise the court will not accept it.

2. The case shows that the status quo of labor relations in China has always been there, the unit is in an absolutely strong position, and the interests of workers are often neglected.

Build a harmonious labor relationship: First of all, the unit must know the law, understand the law, and abide by the law. Second, workers should properly understand the basic legal knowledge of labor disputes and other disputes. Thirdly, when workers are employed, and when employers are recruiting, they should understand each other, and they should not blindly take up posts and recruit blindly.

Hope it helps.

It's not a matter of legal advice.

According to the opinion of a friend who is engaged in law:

1) The employment relationship between Chen and a company is terminated. According to the description, Chen still worked for the company after the expiration of the labor contract, and the company did not voluntarily terminate the employment relationship with Chen. According to the provisions of the Labor Law of the People's Republic of China, if the labor contract is not renewed or terminated, the labor contract will enter an indefinite term, and the two parties will continue to perform the labor relationship.

Therefore, since the company did not terminate the employment relationship in a timely manner, the employment relationship was deemed to have been terminated when Chen worked for the company.

2) A company should pay Chen 5 months' salary as economic compensation. According to Article 44 of the Labor Law of the People's Republic of China, if an employer terminates a labor contract with an employee, the employee has the right to receive economic compensation. The criteria for calculating severance payments are clearly stipulated in Article 46 of the hand:

According to 1 to 3 times of the employee's working years in the unit, the corresponding monthly salary shall be paid as compensation. According to the information you provided, Chen's employment contract was from January 1, 2005 to June 30, 2009, and the company proposed to Chen on August 28, 2009 to terminate the employment relationship. Therefore, from June 30, 2009, when the employment contract expired, to August 28, 2009, when the company proposed to terminate the employment relationship, a total of two months' wages should be calculated as severance payments.

Summary: The employment relationship between Chen and a company is terminated, and the company should pay Chen 5 months' salary as economic compensation. This is based on the provisions of the Labor Law of the People's Republic of China and the relevant information provided by you.

If the parties are not satisfied with the outcome of the arbitration, they may further seek the court's award. At the same time, I recommend that you consult a professional labor lawyer or relevant labor dispute resolution institution for more specific and personalized legal advice.

1) During working hours and in the workplace, if you are injured in an accident due to work-related reasons, it shall be recognized as a work-related injury. Injuries sustained before going to work are generally not considered work-related injuries, but if they are injured in an accident while engaged in work-related preparatory or finishing work in the workplace before going to work, they are deemed to be work-related injuries and enjoy work-related injury insurance benefits in accordance with the law. In this case, Hu's preheating of the machine was engaged in work-related preparatory work, so it was a work-related injury.

2) If the worker is not satisfied with the labor ability appraisal, he or she may not file an administrative lawsuit and request that the labor ability appraisal conclusion be revoked. However, it is possible to apply for a re-appraisal.

Regulations of the People's Republic of China on Work-related Injury Insurance

Article 26 If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

【Case】Xiao Lito's relatives finally entered a company with a friend, but they did not sign a contract at that time, and the work they did after entering was very miscellaneous, the job position was not fixed, and the salary they received every month was not the same. A year later, he negotiated and signed a labor contract with the company many times, trying to fix the job, content, salary and other aspects, but the company always excused himself with various reasons such as "what we need is a person who can do chores", "the company's benefits are not fixed, the salary cannot be fixed", "if you don't want to do it, you will find another job" and other reasons. As a result, he worked for more than a year and the contract was not signed.

Later, the company changed bosses, and he was fired as soon as he took office.

Analysis] The Labor Law stipulates that a labor contract shall be concluded to establish a labor relationship, but does not stipulate a guarantee clause for legal liability. To this end, 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.

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. Therefore, according to the provisions of the Employment Contract Law, Xiao Li's request was lawful and reasonable, and the company's dismissal of him was unlawful, because the company had actually entered into an indefinite employment contract with him.

1. Article 17 The labor contract shall have the following clauses:

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

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

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

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

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

2. The labor contract may be terminated if it is legal and meets the requirements of paragraph 3 of Article 38 of the Labor Contract Law.

3. The probationary period shall be stipulated in the labor contract in accordance with the provisions of Article 19 of the Labor Contract Law. The salary during the probationary period is 80% of the salary agreed in the labor contract. It is illegal for the unit to stipulate the duration of the probationary period and the salary during the probationary period in the rules and regulations.

1. If Mr. Li has contract fraud against the company, the company has the right to terminate the contract unconditionally.

2. The company has the right to terminate the contract, because it has illegal acts and has nothing to do with pregnancy.

3. The company has the right to request Li to compensate for losses.

1;Labor terms should include a probationary period,2;Legitimacy Legitimacy, 3;Illegal.

The contract can be terminated, and according to the Labor Contract Law, Li's pregnancy can also be terminated according to this article, which is not subject to the restrictions of Article 42 of the Labor Contract Law, and the company can recover compensation from Li.

1. The right to terminate the contract, which is not a true expression of consciousness, is invalid contract. 2. It has nothing to do with pregnancy. 3. The party at fault in an invalid contract is liable for compensation.

1 Yes. Li has good fraud.

2 Yes. The company did not terminate the contract on the grounds that Li was pregnant. However, compensation should be given accordingly. 3 Yes.

1.The right to terminate, Article 39, Paragraph 3, Paragraph 5, 2You can be dismissed on the basis of Article 39 of the Labour Contract Law.

Article 42 of the Labor Contract Law states that an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances:

4) Female employees are pregnant, giving birth, or breastfeeding;

It is not mentioned that it cannot be lifted in the case of Article 39.

3.The right to claim compensation for the loss of the unit shall be in accordance with Article 26, Paragraph 2, Paragraph 4 of the Regulations for the Implementation of the Labor Contract Law.

1. Right. Because the employee had the obligation to truthfully explain when entering into the contract, Li's behavior was fraudulent.

2. Right. Article 42 of the Labor Contract Law stipulates that an employer may not terminate a contract in accordance with Articles 40 and 41, and the employer may still unilaterally terminate the contract in accordance with Article 39.

3. Right. Article 86 provides.

Your question is obviously well-designed, including provisions such as the Labor Contract Law, but it is not as difficult to solve as math problems, and in December, the probationary period has passed, which is a key point. The probationary period does not apply to the termination of the contract. Here's the answer:

1. The right to terminate on the grounds of paragraph 2, paragraph 3 and paragraph 5 of Article 39.

2. No right to terminate, reason: paragraph 4 of Article 42.

3. Without compensation, legal advice is legal advice, and decision-making is the boss's business.

1. The sweater factory work violated the labor law because Li was under the age of 16.

2. The contract signed by the motorcycle parts factory has legal effect.

3. The details depend on the labor contract, if it is stipulated. Transfers are still based on equal pay for equal work.

4 Yes, you can contact the contract at any time during the probationary period and notify the employer 3 days in advance. In addition, the employer shall be notified in writing 30 days in advance to terminate the contract.

If you do not meet the requirements for high-quality questions, please ask the administrator to withdraw them.

1. According to the provisions of the Labor Contract Law, there are the following problems in this contract.

The first is the probationary period, if the contract period is one year, the probationary period shall not exceed one month, the probationary period shall not exceed two months for two years, the probationary period of three years and above shall not exceed six months, and the six-month probationary period for two-year contracts is obviously illegal; The second is that the salary during the probationary period should not be lower than 80% of the contract and not lower than the local minimum wage, and the salary during the probationary period in this contract should be 800 yuan per month instead of 500 months.

2. If the employer proves that Wang's behavior complies with the provisions of Article 39 of the Labor Contract Law, it may be dismissed.

According to Article 42 of the Labor Contract Law, if an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law.

And that includes during a woman's pregnancy. Therefore, it can be considered that during a woman's pregnancy, the employer shall not terminate the employment contract in accordance with Articles 40 and 41 of the Labor Contract Law, but excluding Article 39.

Article 39 clearly stipulates that if an employee commits a serious violation of the law, the employer has the right to dismiss the employee, which is not subject to the premise of Article 42, so the employer may dismiss the employee as long as the reasons and evidence are sufficient.

3. Non-payment of compensation statutory standard.

The first is that the employee's behavior meets the requirements of Article 39 of the Labor Contract Law.

Second, after the expiration of the contract, the employer requests to renew the contract on terms not lower than those of the previous contract, but the employee does not renew the contract.

4. This issue is vague: if the contract expires and the parties do not renew and terminate the contract, the employer shall pay two months' salary as compensation; If it is dismissed in violation of regulations, it becomes double compensation; If the termination is met under Article 39, or if the employee does not renew the contract, it is not required to pay.

5. During the probationary period, the labor relationship can be terminated, and the employee can be dismissed, but the requirements for dismissal are different: if it is proved that the worker does not meet the recruitment conditions (Article 39, Paragraph 1), he can be dismissed without paying compensation; If it is an illegal dismissal, it is necessary to compensate according to the standard of illegal dismissal of formal employment.

6. Mr. Wang shall apply in writing to the employer three days in advance, and after three days, the employer shall not detain the employee for any reason or form without a legitimate reason (mainly involving the employee who is being investigated for illegal or criminal acts), and the two parties shall terminate the labor relationship.

7. During Wang's pregnancy, the rights enjoyed include: the employer shall pay the corresponding treatment normally, arrange work suitable for pregnant women, and shall not arrange heavy physical strength, high intensity and other work that is not suitable for pregnant women, and the employer shall not dismiss pregnant workers under other circumstances except for Article 39 of the Labor Contract Law, and shall pay social security for the workers and assist the workers in handling matters related to maternity insurance.

Social security institution - During the period of social security payment and pregnancy, if Wang meets the requirements, he shall handle the relevant procedures and benefits of maternity insurance for Wang.