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I don't dare to sign it, I can't sign it. If it weren't for these words such as overtime, vacation, and salary, I would almost think that Huang Shiren forced Yang Bailao to sign a deed of sale. Is this company really so awesome that it dares to formulate such an agreement for employees to sign, many of these terms are blatant violations of labor laws, which is completely ignoring the law as nothing.
Let's look at these terms separately.
1. It is okay for the company and the employee to agree on no overtime pay and wages during the vacation period if they are voluntary.
Although there is no violation of the law to do so, I don't think anyone in their right mind would agree to sign this agreement. I have labored, but you will not pay for my labor. So what am I working for, is it really so noble that I love to work and it doesn't matter if I have money or not.
Second, if the company wants to formulate an elimination system, it must first incorporate the rules and regulations into the statutory process, which should be detailed, clear, legal and reasonable.
The last elimination system of this company is simply inexplicable, and the company can fire an employee at any time if you feel that you are not competent, and there is no specific reason and basis at all. This unreasonable and illegal elimination system is actually a disguised shirking of responsibility, and the company doesn't want you if you don't want it. This kind of illegal behavior still has to put on a seemingly legal coat, which is nondescript and simply ridiculous.
3. It is completely illegal for employees to promise not to have legal disputes with the company, that is, to promise to give up the right to sue the company in advance.
The employee's right to sue against the company is a personal right granted to the employee by law, and to let the employee give up this right is to blatantly deprive the employee of his legitimate rights and interests. The CEO of this company must be legally illiterate, and he thinks it is reasonable. He thought he was the legislature, and he thought it was reasonable.
When this agreement is implemented, if there is no difference between the employee who signs the application and the employee who signs the application in terms of salary, promotion opportunities and any other treatment, then the application is deemed to have been signed involuntarily by the employee, which is completely illegal.
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Don't dare to sign, can not sign, to protect their legitimate rights and interests, is the right of every worker, the predicament of the enterprise should not be paid by the employee, there is no such obligation, but also illegal, the company should be in accordance with the labor law, to pay reasonable wages to employees.
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Such an agreement is not signed and cannot be signed, because it is completely oppressive to employees.
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I don't think you can sign such an agreement because you can't go off every month, and if you take a vacation, it will cause a lot of problems; If voluntary overtime is written into the clause, there may not even be overtime pay, and the clause is not conducive to the employee due to overtime physical problems.
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I don't dare to sign it, and I can't sign it. Chengyu Vanadium and Titanium Technology **** This "Voluntary Application for Strivers" is illegal, although it is the company's own "regulations", but it cannot violate the "Labor Law".
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It depends on whether you need the money yourself, if you need it and he gives a lot of overtime pay, then you can sign it, if you don't need it, then there is no need to sign it.
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Legal Analysis: Overtime can be waived, and the voluntary overtime contract is invalid. Voluntary overtime (waiver of overtime pay) agreements or commitments are invalid for violating mandatory provisions of the law.
Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
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If you have signed a voluntary overtime agreement, you can not work overtime. If an employee signs an agreement to work overtime voluntarily, it should be regarded as an agreement to extend working hours, that is, an agreement to work overtime, but if the initiator is unwilling to work overtime after signing the agreement, the employee cannot refuse. After overtime, the employer may be required to pay overtime pay, and the employer shall pay the employee a wage higher than the employee's normal working hour wage according to the following standards:
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Legal Analysis: Overtime can be waived, and the voluntary overtime contract is invalid. Voluntary overtime (waiver of overtime pay) agreements or promises are invalid for violating mandatory provisions of the law.
Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a system of working hours in which the working hours of workers shall not exceed eight hours per base day and the average weekly working hours shall not exceed forty-four hours.
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Legal analysis: In order to avoid liability, the company asks the employee to sign a voluntary overtime agreement, if the overtime employer has negotiated with the employee, the employee agrees, and at the same time pays overtime according to the law, there is no problem, but if it is forced to sign this agreement, it is illegal.
Legal basis: Labor Law of the People's Republic of China Article 41 Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the worker, but shall not exceed thirty-six hours per month.
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Legal analysis: In order to avoid liability, the company asks the employee to sign a voluntary overtime agreement, if the overtime employer has negotiated with the employee, the employee agrees, and at the same time pays overtime according to the law, there is no problem, but if it is forced to sign this agreement, it is illegal.
Legal basis: Article 41 of the Labor Law of the People's Republic of China Due to the needs of production and operation, an employer may extend the working hours after consultation with the labor union and the workers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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