Labor law issues, common legal issues in labor law

Hello: Article 26 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China and Article 38 of the Labor Contract Law of the People's Republic of China can protect your legitimate rights and interests without paying training fees.

Article 26 Where an employer and a worker have agreed on a service period, and the worker terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, it shall not be deemed to be a violation of the service period agreement, and the employer shall not require the worker to pay liquidated damages.

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.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

You can apply to the local labor department for labor arbitration, and the company has the right to claim deduction for the relevant expenses of training. However, the company has not signed an employment contract with you, and you can claim double wages, pay insurance and other related rights.

The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Legal basis:

Labor Contract Law of the People's Republic of China

Article 3 The establishment 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 A written labor contract shall be concluded in order to establish a labor relationship. 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.

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

Working hours and rest leave.

Article 36.

The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

Article 37.

For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.

Article 38.

The employer shall ensure that the employee has at least one day off per week.

Article 39.

If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

Article 40. Employers shall arrange leave for employees during the following holidays in accordance with the law: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and holidays provided for by laws and regulations.

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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Article 42.

In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law: (1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of laborers, and need to be dealt with urgently; (2) Production equipment, transportation lines, or public facilities fail, affecting production and the public interest, and must be repaired in a timely manner; (3) Other circumstances provided for by laws and administrative regulations.

Article 43.

An employer shall not extend the working hours of an employee in violation of the provisions of this Law.

Article 44.

In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Article 45.

The State implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

1. About the labor contract 1. When will the labor contract be signed? The employment contract is mandatory for entry. The employer is required by law to be within 1 month of the employee's employment

A: Many workers work in private enterprises, and the employer has not signed a labor contract with them, and the worker is responsible for this.