What are the remedies for an employment contract?

Updated on society 2024-07-16
5 answers
  1. Anonymous users2024-02-12

    If you sign it, it won't work, and if you can't go to the labor bureau to ask!

  2. Anonymous users2024-02-11

    1.After entering the labor and social security network, "My Office Hall" will appear, click to enter, and four modules of "Social Insurance", "Labor Contract", "Employment Filing" and "Labor Inspection" will appear, select "Labor Contract", and then enter the user name, password and verification number, the user name and password are the unit number on the "Application Form for Online Filing of Labor Contract", and the initial password for the first time can be used only after modification. 2.

    The content of the labor contract filing and registration: the signing (renewal) of the labor contract; Labor and orange material change; Termination or dissolution of labor contracts; changes in the increase or decrease of other workers, etc. 1. After signing, changing and renewing the labor contract with the employee, the employer must bring the text of the labor contract to the labor department for verification within 30 days, and the verification shall be given only after it has been verified by the staff and complies with the laws and regulations.

    In addition, the text of the labor contract shall be consistent with the employee roster, and the labor department shall affix the official seal and confirm it before filing. 2. When the employer goes through the registration of the renewal, modification, dissolution or termination of the labor contract, it shall bring the roster of newly signed labor contracts that have been registered for the record, and provide the following relevant materials according to the circumstances: (1) the roster of the renewed, modified, dissolved, terminated and newly signed employees signed and sealed by the employee and the employer; (2) Expired labor contracts and rosters of workers; (3) Worker's retirement certificate; (4) Death certificate of the worker.

    Labor Contract Law of the People's Republic of China

    Article 46.

    Under any of the following circumstances, the employer shall pay economic compensation to the employee:

    1) Workers in accordance with this Law.

    Labor Contract Law of the People's Republic of China

    Article 38.

    stipulating the termination of the labor contract;

    2) The employer shall comply with this Law.

    Labor Contract Law of the People's Republic of China

    Article 36.

    It is stipulated that the employee shall be proposed to terminate the labor contract and the labor contract shall be terminated through consultation with the employee;

    3) The employer shall comply with this Law.

    Labor Contract Law of the People's Republic of China

    Article 40. stipulating the termination of the labor contract;

    4) The employer shall comply with this Law.

    Labor Contract Law of the People's Republic of China

    Article 41.

    The first paragraph provides for the termination of the labor contract;

    5) 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, this Law shall apply.

    Labor Contract Law of the People's Republic of China

    Article 44.

    Labor Contract Law of the People's Republic of China

    Article 44.

    Paragraph 1 provides for the termination of a fixed-term labor contract;

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

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

  3. Anonymous users2024-02-10

    The labor contract can be re-signed. If the contract is re-signed and the contract period is not within the statutory period, then the employer still needs to pay double the salary for the period when the labor contract has not been signed outside the statutory period. The employee may request the employer to pay twice the salary of the labor contract that has not been signed.

    Article 16 of 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. A labor contract shall be concluded for the establishment of labor relations.

  4. Anonymous users2024-02-09

    Legal Analysis: The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

    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 A written labor contract shall be concluded for the establishment of labor relations. 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 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

  5. Anonymous users2024-02-08

    What are the conditions for the termination of the labor contractThe termination of the labor contract refers to the legal effect of terminating the labor contract. The employer fails to provide labor protection or working conditions in accordance with the labor contract; The employer fails to pay labor remuneration in full and in a timely manner; The employer fails to pay social insurance premiums for the employee in accordance with the law; The rules and regulations of the employer violate the provisions of laws and regulations, harm the rights and interests of employees, etc.

    1. Under what circumstances can an employee voluntarily leave the job?

    The employee may terminate the 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 employer's rules and regulations violate the provisions of laws and regulations and harm the rights and interests of workers.

    2. Is there a limit to the time for employees to leave without signing a contract for late labor?

    There is no labor contract signed, and there is a time limit for resignation, except for one of the following circumstances: the employer fails to provide labor protection or working conditions in accordance with the labor contract; The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law; Other.

    3. Is it okay to leave the company early after signing the contract?

    After signing the contract, the employer may leave the company early under any of the following circumstances: failing to pay social insurance premiums for the employee in accordance with the law; Failure to provide labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; Other.

    Article 18 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China.

    Under any of the following circumstances, the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period

    1) The worker and the employer have reached an agreement through consultation;

    2) The worker notifies the employer in writing 30 days in advance;

    3) The employee notifies the employer 3 days in advance during the probationary period;

    4) The employer fails to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    5) The employer fails to pay labor remuneration in full and in a timely manner;

    6) The employer fails to pay social insurance premiums for the worker in accordance with the law;

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

    8) The employer uses fraud or coercion or takes advantage of the danger of the employee to cause the employee to conclude or modify the labor contract contrary to his true intentions; Wait.

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