Article 2 of the Labor Contract Law, Article 2 of the Labor Law?

Updated on society 2024-05-03
7 answers
  1. Anonymous users2024-02-08

    Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (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.

  2. Anonymous users2024-02-07

    The "Labor Contract" binds both parties to the labor relationship. However, there is a major premise that no clause in the Employment Contract should violate the relevant provisions of the Labor Contract Law. Community health service centers have signed labor contracts with employees, which are protected by the Labor Contract Law.

    The rules and regulations formulated by the district health bureau are internal regulations and must not contradict national regulations, otherwise the regulations will be invalid. It is illegal for a community health service center to enforce such an invalid provision.

    According to Article 85 of the Labor Contract Law, if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a specified period; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

    1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

    2) Paying wages to workers at a rate lower than the local minimum wage standard;

    3) arranging overtime work without paying overtime pay;

    4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

    It is recommended to negotiate with the community health service center to demand the payment of wages in accordance with the law, and if it is invalid, you can choose to file a complaint with the labor inspection brigade or apply for labor arbitration.

    According to point 2 of Article 38 of the Labor Contract Law, if the service center fails to pay labor remuneration in full and on time, you can also request the termination of the labor contract and pay you double the compensation.

  3. Anonymous users2024-02-06

    The application of this Law and its implementation under this Law are two different concepts.

    The application of this Law refers to a certain legal relationship, which is the legal relationship contained in this Law, and the content of this Law can be directly applied to determine rights and obligations.

    Enforcement in accordance with this Law refers to a certain legal relationship, which is not a legal relationship covered by this Law, but has a certain commonality with the legal relationship provided for in this Law, and for the handling of legal relationships, rights and obligations are determined in accordance with the content of this Law before there is no corresponding legal provision.

  4. Anonymous users2024-02-05

    Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts. State organs, public institutions, social organizations and workers who have established labor relations with them shall establish, perform, modify, dissolve or terminate labor.

  5. Anonymous users2024-02-04

    Article 62 Employing units shall perform the following obligations: (1) Implement national labor standards and provide corresponding working conditions and labor protections; (2) Inform the dispatched workers of their work requirements and remuneration; (3) Pay overtime pay and performance bonuses, and provide benefits related to work and transfer positions; (4) Conduct training necessary for the job of dispatched workers; (5) In the case of continuous employment, the normal adjustment mechanism of the wage base training bureau shall be implemented. The employer shall not re-dispatch the dispatched worker to another employer.

  6. Anonymous users2024-02-03

    Article 19 of the Regulations for the Implementation of the Labor Contract Law falls under any of the following circumstances, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract, or a labor contract with a term of completion of certain work tasks with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law: (1) The employer and the employee reach an agreement through consultation; (2) The worker is proved to be ineligible for employment during the probationary period; (3) The worker seriously violates the rules and regulations of the employer; (4) The worker seriously neglects his duties or commits fraud for personal gain, causing major damage to the employer; (5) The worker 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; (6) The worker uses fraud, coercion or taking advantage of the danger of the employee to cause the employer to conclude or modify the labor contract contrary to its true intentions; (7) The worker is investigated for criminal responsibility in accordance with law; (Sou Xiang Ye 8) The worker is sick or injured not due to work, and is unable to engage in the original job after the prescribed medical treatment period has expired, nor can he engage in the work arranged by the employer; (9) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (10) Where there is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation; (11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law; (12) The employer has serious difficulties in production and operation; (13) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (14) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based at the time of its conclusion.

    Article 21 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China If the employee reaches the statutory retirement age, the labor contract shall be terminated. Article 22 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China provides that if a labor contract with a term of completion of a certain task is terminated due to the completion of the task, the employer shall pay economic compensation to the employee in accordance with Article 47 of the Labor Contract Law.

  7. Anonymous users2024-02-02

    Summary. Legal basis: Labor Contract Law of the People's Republic of China Article 22 [Service Period] If an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker 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.

    If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

    Article 22 of Chapter 2 of the Labor Contract Law.

    Hello dear, happy to answer your <>

    Article 22 of the Labor Contract Law stipulates the period of service.

    Legal analysis: Article 22 of the Labor Contract Law stipulates that under the condition that the employer has carried out professional technical training for the employee, it is possible to agree on the service period with the employee, and under normal circumstances, the employee cannot leave the job during the pure service period of Kuanmu, and if he insists on resigning, he or she should pay liquidated damages to the employer prudently, but the liquidated damages cannot exceed the training fee paid by the employer.

    Legal basis: Labor Contract Law of the People's Republic of China Article 22 [Service Period] If an employer provides special training expenses for an employee and provides him with professional and technical training, it may enter into an agreement with the worker 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 fee that should be apportioned for the part of the service period that has not yet been discharged. If the employer and the employee agree on the service period, it will not affect the increase in the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

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