Consult on the interpretation of the labor law, judicial interpretation of the labor law and legal k

Updated on society 2024-06-20
7 answers
  1. Anonymous users2024-02-12

    No, but you can be fired for fraud (Article 39, Paragraph 5 of the Labor Contract Law of the People's Republic of China).

    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.

    See Article 26 (1):

    Article 26 The following labor contracts are invalid or partially invalid:

    1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

    2) The employer exempts itself from statutory liability and excludes the rights of employees;

    3) Violating mandatory provisions of laws or administrative regulations.

    If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

    Of course, you should still be paid for the period of work! You can't use this as an excuse to deduct wages!

  2. Anonymous users2024-02-11

    Not meeting the employment conditions does not mean that you have used a fake graduation certificate, but that you are not suitable for the job during the probationary period and are still not suitable after the change of position. It refers to the working ability, not the hardware condition. You've been ten years and you're out of the range.

  3. Anonymous users2024-02-10

    The skills of workers are not proven by academic qualifications, and many people without any academic qualifications do a good job. Now that the probationary period has passed, the above restrictions no longer apply, because the employer has not proved that the fault lies with the employer.

  4. Anonymous users2024-02-09

    Labor law is a general term for the legal norms that regulate labor relations and other social relations that are closely related to labor relations.

  5. Anonymous users2024-02-08

    A general term for the laws and regulations governing labor relations and other relationships arising therefrom.

    Word decomposition Interpretation of Lao Lao (Lao) รก human activity of creating material or spiritual wealth: labor. Labor.

    Work and rest. Merit (merit, achievement). Distribution.

    Hard, hard: toil. Fatigue (fatigue).

    Exhaustion (fatigue and sickness). Toil (many things and hard work). Laborious.

    Fatigue. Annoying. Knowing that he is hard working.

  6. Anonymous users2024-02-07

    Legal analysis: 1) Disputes between the employee and the employer in the course of performing the labor contract; (2) Disputes arising after the employee and the employer have not concluded a written labor contract, but an employment relationship has been formed; (3) Disputes arising from the recovery of pensions, medical expenses, work-related injury insurance benefits and other social insurance premiums between the worker and the original employer who has not yet participated in the social insurance pooling after retirement.

    Legal basis: Article 82 of the Labor Law of the People's Republic of China Where a written ruling, decision or notice of inadmissibility is made on the grounds that Yu Honghu's party's arbitration application exceeds the 60-day time limit, and the party is dissatisfied and files a lawsuit with the people's court in accordance with law, the people's court shall accept it; Where the time limit for applying for arbitration has indeed expired and there is no force majeure or other legitimate reason, the litigation claim shall be rejected in accordance with law.

  7. Anonymous users2024-02-06

    Legal analysis: 1) Disputes between the employee and the employer in the course of performing the labor contract; (2) Disputes arising after the labor relationship has been formed between the employee and the employer without disturbing the conclusion of a written labor contract; (3) After retirement, the employee has not settled a dispute with the original employer who has not yet participated in the overall social insurance plan due to the recovery of pensions, medical expenses, work-related injury insurance benefits and other social insurance premiums.

    Legal basis: Article 82 of the Labor Law of the People's Republic of China Where a written ruling, decision or notice of inadmissibility is made on the grounds that a party's application for arbitration exceeds the time limit of 60 days, and the party is dissatisfied and files a lawsuit with the people's court in accordance with the law, the people's court shall accept it; Where the time limit for applying for arbitration has indeed expired and there is no force majeure or other legitimate reasons, the litigation claim for inspection shall be rejected in accordance with law.

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