Regarding the labor contract to be signed at the time of employment

Updated on society 2024-06-14
7 answers
  1. Anonymous users2024-02-11

    Since you are a recent college graduate, what you need now is to accumulate social experience, and as soon as you find a job, you are already thinking about changing jobs and leaving your job in the future, which is obviously a short-term plan, and I don't think it is advisable.

    During the probation period of half a year, the company must sign a labor contract with you for more than three years, so the company you are interviewing for is fully in compliance with the provisions of the Labor Contract Law, so I believe that the company should also be a relatively formal enterprise, at least in this regard, it shows that you should go to the right company.

    As for the five insurances and one housing fund, it can be agreed in the labor contract, but because this is the social security that the state stipulates that the enterprise must pay, even if it is not agreed, the enterprise will also help you pay.

    If you are admitted to the civil service or graduate school, it seems that according to the regulations, the company must release people unconditionally.

    As for you to change jobs by yourself, as long as you operate according to the resignation and handover process stipulated in the employment contract or required by the company's rules and regulations, it is not a breach of contract.

    I hope the above personal opinions will be useful to you, and I wish you a bright future

  2. Anonymous users2024-02-10

    Three years is really too long, if you want stability, sign a contract with him. You take the initiative to ask about signing the contract, doing insurance, etc. And then there's the salary and the possibility of getting a promotion in that unit.

  3. Anonymous users2024-02-09

    Be cautious. Also, don't sign it for too long. A year or two will do. If you don't do it halfway, it's okay to follow the normal procedure, such as giving a month in advance.

  4. Anonymous users2024-02-08

    You have signed this for too long, but I will tell you a good way, you can sign a contract, and when you don't want to do it, a month in advance, a letter of resignation, if the company approves, you will be fine, and you will always ask for a long vacation, so that the boss will terminate the contract with you, and you will not be in breach of contract, and it is useless to keep you.

  5. Anonymous users2024-02-07

    1. It depends on whether the content of the labor contract is complete and clear, and according to the provisions of the Labor Contract Law, the content of the labor contract should mainly include: the term of the labor contract; the content of the work and the place of work; working hours, rest and leave; remuneration for labor; Social insurance; protection against labor conditions, working conditions and occupational hazards; Other matters that shall be included in the labor contract as stipulated by laws and regulations.

    2. It depends on whether the above content damages your legitimate rights and interests, whether it excludes the relevant responsibilities of the employer, whether the labor remuneration complies with the provisions of Article 20 of the Labor Contract Law, whether the social insurance (five insurances and one housing fund) is complete, and whether there is any violation of the provisions of Article 25 of the Labor Contract Law.

    3. The model of the labor contract is usually issued by the local labor department, and there will generally be no big problem, and you must pay attention to the supplementary provisions of the labor contract with the characteristics of the unit.

    4. If you want to carry out special training, you should pay attention to it, usually the unit will require the signing of a service agreement, that is, in addition to the labor contract, you must ensure how many years of service, otherwise you will pay liquidated damages according to the provisions of Article 83 of the Labor Contract Law.

    5. If you have not signed a service agreement, you only need to notify the employer in writing 30 days in advance (3 days in advance during the probationary period) in accordance with Article 37 of the Labor Contract Law, which is not considered a breach of contract.

  6. Anonymous users2024-02-06

    Legal analysis: You must sign an employment contract for work. The employer shall establish an employment relationship with the employee from the date of employment, and shall conclude a written labor contract for no more than one month at the latest.

    If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

    Legal basis: Article 10 of the Labor Law of the People's Republic of China A labor contract is an agreement between the employee and the employer to establish the labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

    Article 82 of the Labor Contract Law of the People's Republic of China 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 an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

  7. Anonymous users2024-02-05

    Legal Analysis: Yes. The company must sign a labor contract with the employee to establish a labor relationship, which is clearly stipulated in the laws of our country, otherwise the company will have to pay the employee double wages.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

    Article 10 To establish a labor relationship, a written labor contract shall be concluded. 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 labor relationship shall be established from the date of employment.

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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