Wanda Cinema Part time Worker Agreement is not considered a labor contract, and the cover is written

An hourly agreement is not an employment contract if it does not contain the necessary clauses of the employment contract. For part-time employment, the employer may not sign an employment contract, and it is legal for the employer to enter into an oral or written agreement with the employee.

In accordance with the Labor Contract Law

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.

Article 68 "Part-time employment" refers to a form of employment in which the average daily working hours of workers in the same employer do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours.

Article 69 The parties to a part-time employment may enter into an oral agreement.

Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.

The part-time worker agreement should be the part-time worker labor agreement, which should be regarded as an employment contract.

It is not a formal labor contract, but an agreement signed between you and the enterprise, which must have the official seal of the unit, and you must have a record.

The formal labor contract is purchased from the Labor Bureau, and the words "labor contract" are written on the face.

Part-time workers are not temporary workers, and they do not need to sign an employment contract.

Generally speaking, the cover of the contract indicates that it is an employment contract or a labor contract.

1. A labor contract refers to a civil contract for services provided to the society in the form of labor, which is an agreement reached by the parties on a certain service and the results of the service after consultation on an equal footing. It is generally generated between units of independent economic entities, between citizens, and between them.

From the perspective of the application of law, the labor contract is subject to the adjustment of the Contract Law, the General Principles of the Civil Law and other civil laws, while the labor contract is subject to the adjustment of the Labor Law and relevant administrative regulations.

2. Labor contract refers to the agreement between the employee and the employer that establishes the labor relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.

Hourly pay is neither a base salary nor a gross salary. Hourly wage refers to a way of calculating wages according to the working hours of the workers, and the wages are calculated and paid according to the technical and professional level of the workers themselves, or the corresponding wage standards pre-specified in the labor level of the worker's job position and position, and the actual effective working hours of the worker, which is a form of wage distribution, not a specific wage amount. Hourly wages can be divided into:

Weekly, daily, and hourly wage systems.

First of all, the basic salary in the labor remuneration must be stated in the labor contract. According to Article 17 of the Labor Contract Law, labor remuneration is a necessary clause of the labor contract.

Secondly, it is okay for the labor contract not to stipulate the standard of performance pay and bonus, as long as it is stated in the labor contract that the floating salary part shall be implemented according to the remuneration system of the enterprise. In fact, performance-based pay is a variable, and the specific amount cannot be written into the labor contract, but the criteria and methods of performance appraisal can be written. In the contract, it can be stated that "according to the post salary system", and ensure that the supporting salary system has clear provisions on the salary of this position.

If the enterprise has a sound assessment system, it can use the assessment system as an annex to the employment contract.

Secondly, if there is a dispute between the employer and the employee because the standard of performance pay and bonus is not clear in the labor contract, Article 18 of the Labor Contract Law shall be followed

If the labor contract is not clear about the standards such as labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply. Therefore, the employee and the employer may continue to negotiate the standards of performance pay and bonuses that are not clearly agreed, and if the negotiation fails, the provisions of the collective contract shall apply, and if there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented.

Finally, if the enterprise implements performance-based wages, it should also pay attention to clearly agreeing with the employee on the calculation and payment cycle of this part of the salary according to the appraisal cycle, so as to avoid the consequences of wage arrears due to the lack of agreement. According to Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, the employer bears the burden of proof in a labor dispute arising from the employer's reduction of labor remuneration. Therefore, if performance-based wages are implemented, the rules for calculating and paying performance-based wages should be clarified in the labor contract or rules and regulations; If there is a lack of agreement or regulation, or if the deduction of wages is not supported by the results of the performance evaluation, it may lead to labor disputes.

The comprehensive wage of hourly output value is based on the standard working system adopted by the employer, and the standard working hours are set every month, and the part exceeding the standard working hours is counted as normal overtime, which is calculated according to the double wage, and there is no distinction between weekends and ordinary overtime, except for 3 times of statutory holidays.

Article 37 of the Labor Law shall reasonably determine the labor quota and piece-rate remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

a) New Year's Day; 2) Spring Festival.

3) International Labor Day;

4) National Day.

5) Other holidays and holidays as provided for by laws and regulations.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, 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.

The calculation method of wages can only be the same, and the hourly can not be counted by piecework, and the calculation method of intermediate changes should be determined by both parties through negotiation.

For example, when I first entered the factory, I said that the salary was 2,000 yuan, and I worked eight hours a day, and overtime was counted as overtime. Then the labor contract can only write an hourly wage of 2,000 yuan. It is not correct to write both calculation methods on the employment contract at the same time.

The rules of piecework may vary from place to place, and Guangdong Province stipulates:

Article 21 Where piece-rate wages are implemented, the employer shall scientifically and reasonably determine the labor quota and the unit price of piece-rate and make them public.

In principle, the fixed labor quota shall enable more than 70 percent of the workers in the same position in the unit to complete it within the statutory working hours.

If an employer arranges a worker to work outside of normal working hours after the worker has completed his or her work quota, it shall pay wages for overtime or extended working hours in accordance with Article 20 of these Regulations.

The above rules are clear.

Overtime pay for piece-rate pay:

Exceeding the task during normal working hours is calculated according to the salary of each piece (for 30% of people who move faster, the slow ones basically complete the quota or fail to complete the quota);

For overtime work, the unit that completes the quota for the day does not have to pay overtime.

For overtime work that has been completed for the day, piece-rate wages should be paid in times per piece.

Overtime work on weekends will be paid at double the piece-rate wage (overtime pay can be compensated).

For overtime work on holidays, three piece-rate wages will be paid (no compensatory leave).

Employees with piece-rate wages have a base salary, which must not be lower than the local minimum wage. That is, if the worker completes his or her normal work, he or she must receive at least the local minimum wage.

This can be implemented according to the salary standard for people in the same position, and it must be more than 90% of the work that can be completed by people in standard working hours, you can ask a colleague, if not, you can report it to the local labor inspection department.

Hello! Generally speaking, the cover of the contract indicates that it is an employment contract or a labor contract, and if you are in such a situation, it should be an employment contract.

Hope it helps, satisfied, thank you!

The form of timekeeping is more general than soft, and it should be written that the 8-hour working system should be written and that there are two days off per week. The salary says 4000, and the contract says 2840. If there is no basis for the mouth, you will be given 2840 legitimately.

The contract should specify the length of the probationary period and the salary after regularization. You can use the provisions of the Labor Contract Law to require the employer contract to be clearly written.

In the labor contract, my salary is in the form of hourly work, and the salary is 2840

According to the normal situation, the wages agreed between the company and the employees are oral, but the contract must be written relatively low, in order to reduce the risk cost of the enterprise, some employees always cause trouble, and the contract is the basis and voucher when something happens. For specific details, you can consult your human resources department.

It is necessary to see whether 2840 is a formal contract salary or a probationary contract salary. If it is a probationary contract salary, do you have any evidence if the 4000 you said to the boss includes a commission? If you have it, you are not afraid, and if you don't, you can only gamble.