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What you mean by an employment contract is, to me, an employment agreement. However, the basis for the school's statistics on students' employment is not an employment contract in the actual sense.
An employment contract refers to a text that stipulates the rights and obligations of both parties when you need to work for this employer, and the employment contract will stipulate the contract period, work location, work content, salary, social benefits and many other aspects.
If you were to describe the situation above, you just signed an agreement with the school to deal with the teachers, and you would not go to work in this small company. It doesn't matter if a small company doesn't ask you to go to work at all.
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Such a contract is void if it is not performed. It doesn't matter, that is, as long as you don't come to work in this unit, just sign a contract, it doesn't matter. The Labor Contract Law stipulates that the employment relationship shall be counted from the date of employment, not from the date of signing the labor contract.
There is no compensation clause in a normal labor contract for you to show up for your absence after signing the contract.
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.
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The school leaders are too irresponsible for the sake of political performance, and the contract will have legal effect when it comes into effect. It's time for the school**! Let's go with the flow! Can you offend the school?
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In this case, as an employee, you have the right to request the employer to perform the obligation to sign the labor contract in accordance with the relevant laws and regulations and the provisions of the labor contract, and to request the HR supervisor to sign the labor contract in a timely manner. If the employer fails to fulfill its obligation to sign an employment contract, you can also file a complaint with the labor inspection department or file a labor arbitration or labor lawsuit to protect your rights and interests of Hedan High Court. At the same time, if the HR supervisor chats or eats afternoon tea during working hours, it may be suspected of violating the relevant regulations of the employer, and it is recommended that you report to your supervisor or the human resources department in a timely manner.
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1. The form and content of the contract should be legal.
For a legally binding labor contract, the procedure for signing the contract first shall comply with the provisions of the law and shall be confirmed in writing, and the contract shall be at least in duplicate, one for each party, and the job seeker shall properly keep his or her own employment contract. In terms of the content of the labor contract, the job seeker must first confirm whether the labor contract he has signed has the legally binding conditions, including: the employer should be a labor organization established in accordance with the law, be able to pay wages, pay social insurance premiums, provide labor protection conditions, and bear the corresponding civil liability.
2. Carefully review the details of the contract.
The labor contract should mainly contain the following contents: 1. The term of the labor contract; 2. Job content; 3. Labor protection and working conditions; 4. Labor remuneration; 5. Labor discipline; 6. Conditions for the termination of the labor contract; 7. Liability for breach of labor contract. It is necessary to carefully read the work description, post responsibility system, labor discipline, wage payment regulations, performance appraisal system, labor contract management rules and relevant rules and regulations for relevant positions, so as to be well informed.
3. Consult diligently in case of trouble.
The signing of the labor contract involves a lot of professional knowledge in the field of law, and the employee will have many uncertainties due to the limitations of his own conditions, so it is necessary to humbly seek advice from the relevant departments and relevant people.
Fourth, be vigilant against trap contracts.
In order to maximize their own interests, some employers do everything possible to set up various traps in labor contracts and infringe on the legitimate rights and interests of employees. These include: establishing a deposit clause in the contract; Adopt a standard contract and do not negotiate with the employee; Stipulating a clause in the contract to evade responsibility is not responsible for the worker's work; At least two contracts have been prepared, one is a fake contract, and the content is signed in accordance with the requirements of the relevant departments, so as to deal with the external inspection of the relevant departments without a search chain, but the real execution is another contract and so on.
Fifth, the key is that the labor contract must have nine necessary clauses, and both parties should hold one for each. The employment 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.
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1. Choose labor relations: you can enter into a contract with the company in your own name to complete a certain work task, and the contract will be terminated after you complete a series of work such as the preparation of the games;
2. Choose the entrustment relationship: you can enter into an entrustment contract with the enterprise in your own name, and the enterprise will authorize you to complete a series of work such as the preparation of the games, and the contract will be terminated after the work is completed;
3. The contractual relationship is different, and the rights and obligations of both parties are also different, so it is recommended that you choose the second contractual relationship!
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You can choose to sign a labor contract or a contract of entrustment.
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If the entrusting company requires that it must be handled by a company with corresponding qualifications, then you can find a company to be affiliated with. If the company does not have any requirements, then you can sign a contract as an individual, which is a planning contract, write the service content, and pay the fee.
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The labor contract shall contain the following clauses: (1) the name, domicile 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.
If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
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.
The employee terminates the labor contract with advance notice.
The employee may terminate the 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.
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Mainly look at the contract.
I ordered it from a maker. If you have any comments on the terms, you can negotiate to modify them or not sign them.
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1.Party B has every right not to sign;
2.If Party B is dismissed because Party B does not sign the labor contract, it is an illegal termination of the labor contract, and Party B can obtain compensation for the illegal termination of the labor contract; If the company does not pay, it can apply for labor arbitration;
3.During the term of the labor contract, the company legally terminates the labor contract in the following ways:
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) 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;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) 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;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, 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.
According to you, none of the above conditions are met, so the company has no right to dismiss you.
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The following principles shall be observed in the conclusion of a labor contract:
1. Principle of legality:
The employment contract must be concluded in writing in accordance with the law. The subject is legitimate, the content is legitimate, the form is legitimate, and the procedure is legal. Only a legal employment contract can produce the corresponding legal effect.
An employment contract that is illegal in any respect is invalid and is not recognized and protected by law.
2. Principle of consensus:
Under the premise of legality, the conclusion of an employment contract must be the result of the consensus between the employee and the employer, and the expression of the "agreement" between the two parties cannot be the result of a unilateral expression of intent.
3. The principle of equality of the subject of the contract:
In the process of concluding an employment contract, the legal status of both parties is equal. Employees and employers are not in an unequal position because of their different natures, and neither party may coerce or coerce the other party, and it is strictly forbidden for the employer to impose restrictions or coercive orders on the employee. Only when equality of status is truly achieved can the labor contract concluded be fair.
Fourth, the principle of equivalent compensation:
The employment contract clarifies the status and role of both parties in the employment relationship, and the employment contract is a two-way paid contract, in which the employee undertakes and completes the labor tasks assigned by the employer, and the employer pays the employee a certain remuneration and is responsible for the amount of insurance for the employee.
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It depends on how long your probationary period is, according to the labor contract law, the employer must sign the labor contract within one month after the employee joins the company, otherwise it is illegal, if your probationary period is more than one month, then according to the law, the unit should pay you double the salary after one month after you join the company until you sign the contract, but in fact, many units do not implement this.
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The employment contract certainly includes a probationary period.
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1.To put it bluntly, it is to reduce the amount of taxes paid by individuals and businesses.
2.The unspoken rule is basically the same as the number of hair, and the tax must be paid when written into the contract3Doesn't matter.
4.If you don't understand, the company doesn't want you anymore, and you can't help it, just give the money and then jump.
5.Same as 1, same as 2
6.Same as 4Summary: In today's society, you can only be invincible by learning a skill, and you can argue with your boss, but it is a big deal that you fire the boss and leave.
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I'm dizzy, I can find a law firm, I think your situation is complicated enough, society is a.
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Hello! The company's practice is illegal, and you try to collect evidence of the existence of an employment relationship between you and the employer, and then apply for labor arbitration.
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