What will the company do if the labor contract is signed but the company violates the company s regu

1.If the company has sufficient evidence to prove that the employee is incompetent for the job, the employee can be unilaterally transferred, and the transfer of other circumstances requires the agreement of both parties. Changing the place of work agreed in the employment contract is a change in the employment contract and requires the agreement of both parties.

If the company does not perform the labor contract, the employee can file a complaint with the labor bureau or apply for labor arbitration at the labor arbitration commission where the company is located, unilaterally terminate the labor contract and demand compensation. If the company dismisses the employee in violation of the law, the employee can apply for labor arbitration and request the company to continue to perform the labor contract or pay compensation.

2.Labor Contract Law

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Penalties are imposed in accordance with the provisions of the contract.

The company's rules and regulations must be legal and in the conditions of the employment contract. Whether to be expelled depends on: 1. Whether it complies with the law; 2. Whether it is an agreed situation.

It's not a small mistake. Let's ask the Labor Bureau specifically. It's really dismissal without subsidies, and fake ones are (i.e., illegal reconciliation).

If you don't admit it, he will work hard, and he will only say who believes?! 2. The text of the labor contract is made by the Labor Bureau, and the visa is issued, you have to see if it is an infringement of your rights and wait for it to be too powerful before signing. Generally, there are no major disputes, because the law basically thinks about it for you now.

2. Dismissal: also known as terminating the labor contract, but it must be legally terminated, just look at Article 39 of the Labor Contract Law. Expiration unwrapping, required:

One month's compensation will be given for each full year, and half a month within half a year.

Small mistakes are OK.

If you're big wrong, there's no way.

Employer's Liability for Economic Compensation for Violation of the Labor Contract (Liability for Economic Compensation for Termination of Labor Contract) 1. If the employer terminates the labor contract after consultation between the parties, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's working years in the employer, and the compensation shall be paid according to the standard of one year if the working time is less than one yearIf the employer is unable to perform other work arranged by the employer and the labor contract is terminated, the employer shall pay the employee a severance equivalent to one month's salary for each full year of service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy fee should also be increased. The increase in the amount of serious illness shall not be less than 50% of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100% of the medical subsidy fee 3. If the worker is incompetent for the job and is still incompetent for the job after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the economic compensation equivalent to one month's salary for each full year of the working period and the working schedule of the worker, and shall not exceed 12 months 4. Major changes occur in the objective circumstances on which the labor contract is basedIf the original labor contract cannot be performed, and the parties cannot reach an agreement on changing the labor contract after consultation, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service and working hours in the employer. 6. The wage calculation standard of severance is based on the average monthly wage of the employee for the 12 months before the termination of the contract under the normal production conditions of the enterprise; If the average monthly wage of a worker is lower than the average monthly wage of the enterprise, the employee shall be paid according to the average monthly wage of the enterprise.

Except for the negotiation between the two parties and the worker is not competent for the job. The above is some relevant information about the company's breach of the employment contract.

Depending on the specific situation, under normal circumstances, if the company makes a contract agreement in order to exclude the legitimate rights and interests of the employee, it is invalid, and in practice, the arbitration will tend to protect the rights and interests of the employee more.

At the same time, if the employee provides some information that does not conform to the reality in the process of signing the labor contract, resulting in the invalidity of certain clauses of the contract, he will also bear these consequences.

In addition, according to the provisions of the Labor Contract Law, the labor contract must be signed in accordance with its requirements, and Article 17 The labor 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.

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 necessary clauses are missing, the employment contract may be invalidated.

InvalidArticle 18 The following labor contracts are invalid:

1) Labor contracts that violate laws and administrative regulations;

2) Labor contracts concluded by means of fraud, threats, etc.;

An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part.

The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.

In subparagraph (a) of paragraph 1 of this article"Laws and administrative regulations"It is interpreted the same as Article 17 of this Law. In subparagraph (b)."Fraud"It refers to: the act of one party deliberately informing the other party of false information, or deliberately concealing the true situation, inducing the other party to make a false expression of intent; "Threats"It refers to the act of coercing citizens and their relatives and friends to cause damage to their lives, health, honor, reputation, property, etc., and forcing the other party to make an expression contrary to their true intentions.

The interpretation of fraud and threats is based on the "Opinions of the Supreme People's Republic of China on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Provisional)".

If the labor contract is invalid and no litigation has arisen through arbitration, the labor dispute arbitration commission shall determine it; Where litigation arises through arbitration, it shall be determined by the people's court.

Illegal individual clauses are invalid, but it does not affect the validity of other clauses and the entire employment contract!

As long as the contract is signed, it is valid! If there is invalidity, then it must be that the content of the contract is invalid in some places, it depends on the situation!

1. Violating the provisions of the labor contract and causing losses to you, such as deducting wages; It is possible to apply for labor arbitration and demand payment of the losses caused;

2. How to apply for labor arbitration:

1. Go to the labor dispute arbitration committee in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration. Materials to be submitted: 2 copies of the application for arbitration, 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, you also need to provide the business registration information of the employer!

2. After submitting the materials, the arbitration commission will file the case within 5 working days. The Labor Arbitration Commission does not charge a fee. The parties are then given a period to present evidence; After the trial, and the mediation between the two of you, the mediation fails, and the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;

3. You can handle it yourself without inviting a local lawyer**, and I can provide you with remote guidance (after I write the relevant legal documents and send them to you, you can print them), and you can win the lawsuit;

4. During the application for labor arbitration, you will not be delayed to work in the new unit!

According to Article 39 of the Labor Contract Law, the employer may terminate the employment contract if the employee falls under any of the following six circumstances: 1) The employee is proved to be ineligible for employment during the probationary period. 2) Serious violation of the rules and regulations of the employer.

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer. 4) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request. 5) Fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to their true intentions, resulting in the invalidity of the labor contract.

6) Those who have been investigated for criminal responsibility in accordance with law. According to Article 48 of the Labor Contract Law, "if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 reads: "If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law." Article 47 reads:

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. For the above disputes, you can negotiate with the employer, and if the negotiation fails, you can complain to the labor department or apply for labor arbitration.