Labor relations questions, please answer the questions of experts who are familiar with labor law!

Your father has formed an employment relationship with the construction company, and whether it can be compensated according to the work-related injury depends on whether your father worked hours at the time of the incident, whether he went out for work or lived outside.

Judging from your statement of the matter, it is recommended that you negotiate compensation with your boss first, (it is easier to accept the word compensation first) you can put forward your family difficulties, your father still has a lot of expenses behind him, etc., if you really can't reach an agreement, then take the legal route and ask for a work-related injury.

However, it is determined that the risk of work-related injury is very high, and if you fail, it is impossible to go back and ask the boss for compensation, so it is recommended that you negotiate first.

As for whether the boss of the construction company will give compensation, if the accident and the insurance company of the vehicle cannot fully compensate the accident, you can negotiate with the owner of the construction company to ask for some compensation.

According to the provisions of the labor law, that is, the car accident that occurred on the way to and from work is a work-related injury, and you must not say anything that you don't know the reason why he went out, because the injury caused by the violation of labor discipline is your own responsibility, and the unit will only pay a symbolic compensation.

You'd better go to the local labor department for consultation and file it with the labor bureau, which will be beneficial for solving the problem later.

To put it another way, even if there is no employment contract, your father and the site owner have a de facto employment relationship, and they will definitely be compensable.

The Labor Contract Law stipulates that the employer and the employee have entered into two fixed-term labor contracts in succession, and the employee does not have any of the following circumstances: Seriously violates the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; Those who have been pursued for criminal responsibility in accordance with law. The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; The employer shall conclude an indefinite labor contract with the employee.

It is legal for your unit to do so.

Article 2 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System (No. 354 1996) stipulates that in the process of transforming the fixed-term labor system into a labor contract system, the employer shall enter into an indefinite-term labor contract for an employee who meets one of the following conditions:

1) Where the parties have worked in the same employer for more than 10 consecutive years in accordance with the provisions of the Labor Law, and both parties agree to renew the labor contract;

2) Those who have worked for a long time and are within 10 years of the statutory retirement age;

3) Demobilized or demobilized servicemen are employed for the first time;

4) Other circumstances provided for by laws and regulations.

Indefinite Term Labor Contract Applicable] Article 14 of the Labor Contract Law stipulates that an indefinite term labor contract refers to an employment contract in which the employer and the employee have agreed 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 reconcludes a labor contract after the restructuring of a state-owned enterprise, 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.

This is the term of the employment contract for the modification of the employment contract. As long as the employer proposes and the employee agrees, it can be legally changed. If the employee does not agree to the change, the employer may not unilaterally change the change.

If the employer does not renew the contract, it should pay you severance payments. If the contract has expired, then it is meaningless to sign a change agreement, the contract will be terminated naturally after expiration, and the contract has been terminated, so there is no such thing as a change. Therefore, you can completely refuse the so-called modification of the employment contract in accordance with the law.

The employer is required to re-sign the labor contract.

This is a way to avoid labor risks, and most enterprises are using it, and this is not illegal.

Your contract was signed in 07, so whether the agreement on liquidated damages is legal and valid should be governed by relevant labor laws and regulations. Measures for Compensation for Violation of the Provisions of the Labor Law on Labor Contracts Article 4 The employee violates the provisions or works.

1. In case of violation, according to Article 22 of the Labor Law and Contract Law, if the employer provides special training expenses for the employee and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer.

The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

2. The agreement is invalid and can be terminated, but you are still responsible for paying 4,000 yuan.

It is invalid, China's labor law has clear provisions, all the terms agreed by the two parties in the contract that violate laws and regulations are invalid, and the invalid clauses cannot be used as the basis for defense in court. So you can rest assured that you don't have to accompany so much, at most it will be as much as the training fee.

The training protocol is valid.

However, the liquidated damages for the breach of the service period are too high, exceeding the amount stipulated by law, so in the event of a dispute, this liquidated damages clause will be calculated according to your actual training expenses and the period of service you have served after participating in the training, as you listed in the law, the amount of liquidated damages shall not exceed the training fees provided by the employer, so if you want to end this agreement now, you may need to bear liquidated damages of less than 4,000 yuan at most.

Invalid, in addition to the compensation amount cannot be more than the training fee, you can also get the salary and other benefits you are entitled to.

Hello, the amount of compensation cannot exceed the training fee, this agreement is invalid, you can go to the labor administrative department to complain

【Calculation of working hours under the system】The Ministry of Labor and Social Security's Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year (2008) No. 3 stipulates that:

Calculation of working hours of the system.

Annual working days: 365 days, 104 days (rest days), 11 days (statutory holidays), 250 days.

Training fee: The total amount of training fee (250 days * 3 years - number of days of service).

Valid, according to the content of the agreement, more than will not be supported.

The agreement will not be invalid, but the compensation will be modified and there will not be such a large compensation fee.

The agreement can be terminated, but a certain amount of liquidated damages will be compensated, and the amount will not exceed the training expenses of the General Directorate.

First sort out how much the company spent on your training, and it is best to get it proven, if not, take the documents such as the instructions that the company originally asked you to go to the training, and explain that the company only paid 4,000 yuan at that time. In addition, if the compensation fee is filled in by the company later, this can also be used as a key point of the lawsuit, and the agreement can be invalidated, but the probability of invalidating the judgment is relatively small, and the judgment amount will be partially invalidated, and the possibility of resetting the amount is relatively large.