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The Civil Code of the People's Republic of China does not deal with "provisions on labor law".
The Labor Law of the People's Republic of China is a law enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress. It is applicable to enterprises and individual economic organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China and workers who have formed labor relations with them.
The Civil Code of the People's Republic of China is a law formulated in accordance with the Constitution in order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and promote the core values of socialism. What is adjusted is the personal and property relations between natural persons, legal persons and unincorporated organizations of equal subjects.
Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.
Article 11: Where other laws have special provisions on civil relations, follow those provisions.
Article 12: The laws of the People's Republic of China apply to civil activities within the territory of the People's Republic of China. Where the law provides otherwise, follow those provisions.
Article 3 of the Labor Law of the People's Republic of China Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.
Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
A labor contract shall be concluded for the establishment of labor relations.
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1. Correctly understand the relationship between civil law and labor law.
2. The Labor Contract Law will not be repealed by the promulgation of the Civil Code.
3. There will be no change in the procedures for workers to protect their rights.
4. Continue to use the legal working age of "at least 16 years old".
Fifth, the scope of the main body of employers has been further expanded.
6. The time limit for exercising the right to revoke an agreement signed by a material misunderstanding is three months.
7. Whether the partner is paid for the labor depends on the agreement.
8. Employers have the obligation to prevent and stop sexual harassment in the workplace.
9. If a worker performs his or her duties and causes damages, the unit may recover compensation after assuming responsibility.
Civil Code of the People's Republic of China
Article 971:Partners must not request payment of remuneration for the performance of partnership affairs, except as otherwise provided in the partnership contract.
Article 1010:Where sexual harassment is carried out against the will of others by means such as words or conduct, the victim has the right to request that the perpetrator bear civil liability in accordance with law. State organs, enterprises, schools, and other such units shall employ reasonable measures such as prevention, acceptance of complaints, and investigation and disposition, to prevent and stop the use of authority, subordination, and so forth to carry out sexual harassment.
Article 1191:Where the staff of an employer causes harm to others as a result of performing their work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.
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Legal Analysis: The Civil Code stipulates that a contract that violates the labor law is not legally valid if it violates mandatory provisions.
Legal basis: According to Article 143 of the Civil Code, civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. According to Article 153 of the Civil Code, civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid.
However, the mandatory provisions do not lead to the invalidity of the civil juristic act.
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Legal Analysis: A natural person over the age of eight is an adult. Natural persons under the age of 18 are minors.
Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
Legal basis: Article 18 of the Civil Code of the People's Republic of China: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.
Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
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Legal analysis: the subject qualification of the parties, the termination of the labor contract, etc.
Legal basis: Civil Code of the People's Republic of China
Article 17: Natural persons over the age of 18 are adults. Natural persons under the age of 18 are minors.
Article 69: In any of the following circumstances, a legal person is dissolved: (1) the period of existence provided for in the legal person's charter is completed or other reasons for dissolution provided for in the legal person's charter appear; (2) The power organ of the legal person resolves to dissolve; (3) Where it is necessary to dissolve due to the merger or division of a legal person; (4) The legal person's business license or registration certificate has been revoked in accordance with law, and it has been ordered to close down or revoked; (5) Other circumstances provided for by law.
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The Labor Law of the People's Republic of China is promulgated in the new edition: Chapter 1 General Provisions Article 1 This Law is formulated in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, and clarify the labor relations. Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.
The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law. 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 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.
The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.
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