Regarding the issue of part time workers, I am in a hurry, and I would like to ask for help from an

For many employers and enterprises, they may adapt to some temporary workers due to the needs of production, and the management of temporary workers should also pay attention to specific rules and regulations, so as to better protect the interests of workers. So what are the provisions of the labor law regarding temporary workers? Let's take a closer look at it.

OneProvisions of the Labor Code on Temporary Workers

Chapter I: General Provisions.

Article 1 In order to strengthen the unified management of the company's employment, meet the company's production, operation and management of unbalanced employment needs, and protect the legitimate rights and interests of the company and temporary workers, these measures are formulated.

Chapter II Scope and Conditions of Recruitment.

Article 2 The company hires temporary workers to engage in short-term, temporary, seasonal work, or heavy manual labor.

Article 3 Temporary workers must meet the working age prescribed by the State, that is, be at least 18 years old, be in good health, and be competent for the work they are engaged in.

Article 4 Temporary workers are preferentially recruited from among local residents; When there are real difficulties, they shall be recruited from other places with the approval of the local labor department.

Chapter III Recruitment Procedures.

Article 5 In accordance with the human resources plan and work needs, fill in the recruitment application form and submit it to the company's leaders for review.

Article 6 The Ministry of Personnel summarizes the employment needs of each department and arranges the temporary employment plan.

Article 7 Recruitment together with regular employees or separately. The company's recruitment management measures apply to these measures.

Article 8 The company shall sign a labor contract with the temporary worker himself, in several copies, and the company, the employee and the labor department shall keep it separately.

Article 9 Upon the expiration of the labor contract, the Company shall go through the procedures for renewing or terminating the employment with the temporary worker.

IIWage regulations for part-time workers

The temporary salary is determined according to the specific work content delivered, and is not lower than the minimum wage.

Temporary workers should be referred to as short-term contract workers, part-time contract workers, or contract workers who are on a term to complete a certain task. The amendment to the Labor Contract Law is aimed at labor dispatch workers, who have signed a contract with a labor dispatch company and are dispatched by the labor dispatch company to the employing unit. The labor dispatch worker is not exactly the same as the so-called temporary worker that we are used to, because he has no labor relationship with the employer, and he works in the labor dispatch company.

The employment relationship of the so-called temporary worker is not the same as that of his own employer.

Temporary recruits, as opposed to regular workers. Temporary workers are those who temporarily work in the unit, and temporary workers refer to the temporary and seasonal employment that the unit uses for a period of no more than one year. There is also the possibility of continuation for a long time, but there must be a premise that both sides reach a consensus.

IIIThe following factors should be taken into account in determining and adjusting the minimum wage standard

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) employment status;

5) Differences in the level of economic development between regions.

The above is the relevant introduction to the provisions of the Labor Law on temporary workers, and temporary workers also enjoy certain rules and treatment during their work, especially to understand the rules and regulations of the enterprise and protect their personal rights and interests. If you still don't understand this, it is recommended that you consult a lawyer.

Part-time workers and part-time workers happen due to work, how to solve it.

If the company does not renew the labor contract, it shall pay economic compensation according to the number of years the employee has worked in the unit, and pay the employee one month's salary for each full year. if it is more than six months but less than one year, it shall be calculated as one year of honor; If it is less than six months, the worker shall be paid half a month's salary. If the employer terminates the labor contract illegally, it can claim compensation for one year and two months.

It is not necessary to advance a month.

Legal provisions governing the resignation of temporary workers.

Article 37 of the Labor Contract Law of the People's Republic of China stipulates that "an employee 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. ”

There is no concept of temporary workers in China's law, so as long as the temporary workers sign a labor contract, the temporary workers will be in accordance with the provisions of the "Labor Contract Law" when they leave the company. Temporary workers who have signed an employment contract are divided into resignation during the probationary period and resignation after the probationary period, and the resignation is required to submit a resignation request to the employer three days and 30 days in advance respectively in accordance with Article 37 of the Labor Contract Law, and the resignation period is three days and 30 days, respectively. According to Article 10 of the Labor Contract Law, "a written labor contract shall be concluded to establish an employment relationship.

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. and Article 82, "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 a temporary worker has not signed an employment contract with the employer at the time of resignation, he or she can leave the job at any time without prior notice to the employer, and can leave the job on the day of resignation, and can request the employer to pay double wages and economic compensation.

Dear, unreasonable, go to the labor bureau to sue him.

If the contract is not signed three days in advance, the salary cannot be deducted, as stated in Article 37 of the Labor Contract Law.

Bear the liability for personal injury compensation, compensation: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if disabled, they should also compensate for disability compensation, disability assistive device expenses, living expenses of dependents, as well as ** expenses, nursing expenses, follow-up expenses, and may claim compensation for mental damages.

According to the standard of personal injury compensation.

As long as the employer has established an employment relationship with the employee, it shall sign a labor contract with the employee and pay social insurance for the employee. If the employee is not injured or sick due to work, the employer cannot terminate the employment relationship with the employee during the medical treatment period. The period of medical treatment is calculated on the basis of the employee's years of service in the employer, and the maximum cumulative period shall not exceed 36 months.

If you have less than one year of working experience, the general medical treatment period is 3 months, and the employer can extend the medical treatment period under special circumstances, but generally not more than the medical treatment period that you should enjoy.

In your case, firstly, the employer should sign an employment contract with you within one month from the date of employment, otherwise you can ask the employer to pay you twice the salary from the date of employment within 30 days.

Second, the employer should pay social insurance for you, otherwise, you will not be able to enjoy the medical insurance benefits due to the lack of medical insurance, and the employer should also bear the corresponding financial responsibility for this.

Third, it is not right for the employer to ask you to resign, but the employer may terminate the employment relationship with you after the expiration of your medical treatment period if you are unable to perform your original job or work arranged by the employer. If the labor relationship is terminated, you will be compensated for the termination of the labor relationship. If the employer terminates the employment relationship in violation of the law, it shall pay twice the economic compensation.

You can file a complaint with the labor inspection department or file an arbitration application with the labor dispute arbitration commission within one year from the date on which your legitimate rights and interests are infringed, so as to protect your legitimate rights and interests.

If you don't sign a contract, you can ask the employer for twice the original salary. If you are asked to write a resignation, it seems that there is some legal protection.

1. Compared with contract workers, temporary workers are contracts that are written in black and white, and if one party breaches the contract, the contract can play a role in proof. It can be used as evidence. And temporary workers do not have a contract, just a verbal promise, in case something happens, there is nothing to prove.

2. Compared with freelancers, freelancers work for Qingmaomo themselves, while part-time workers work for others, and the risk of part-time workers comes from the physical inspection place and people where they work, and the risk of freelancers is less than that of freelancers.

3. Temporary workers can also sign a contract and write down the verbal agreement on paper, which is the greatest protection they seek.

According to the provisions of the Labor Law of Lingyouqin, if there is no temporary worker, you must sign a labor contract. In practice, although there are differences, it is the same standard to go to labor inspection or arbitration, if it is helpful.

To find out for yourself, as follows:

a. The fast food industry, including KFC, McDonald's, Pizza Hut, etc., is generally a waiter and can experience the corporate culture of large companies;

b. Supermarket employees, including Wal-Mart, Carrefour, Jiarunduo, etc., generally work as warehouse managers, salesmen, processors, etc., and can work with many elders and see a lot of human things;

c. The sales industry, including Nike, Adi, ordinary clothing stores, and insurance companies, is generally an ordinary salesperson, which can improve your eloquence and communication skills;

d. Network work, including network typists, network clerks, etc., search a lot on the Internet, which is relatively free; (But little, almost none, many deceitful).

e. If the writing is excellent, you can submit it to the newspaper or magazine;

f. If you are a teacher major, it is a very good choice to be a tutor;

g. You can be a self-examinee admissions officer for the university, and generally one has hundreds or thousands of yuan;

If it is in a small village with underdeveloped economy, you can go to small restaurants and shops;

After you have decided, follow this direction to search, as long as you really look for it, you can usually find it in a week.

Good luck!