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Legal Analysis: Labor contracts can include the following:
1. Basic information of both parties to the contract;
2. The term of the labor contract;
3. Work content and requirements;
4. Labor remuneration and payment method and time;
5. Social insurance;
6. Labor discipline;
7. Termination of labor contract;
8. Intentional or gross negligence liability guarantee;
9. Commercial secrecy and lead Min Chan non-competition;
10. Liability for breach of contract;
11. Other matters;
12. Validity and text of the 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.
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According to the description of the case, if the employee falsified the physical examination before entering the post, and it was not caused by the company's error, then the company can terminate the contract on the grounds that the medical examination was fraudulent and did not meet the requirements.
Of course, the employee can appeal to the relevant department for arbitration on the grounds that the company's reasons are insufficient and the probationary period has expired. The arbitration department will basically coordinate the termination of the agreement, and the company may be required to pay some compensation (because the company side will also face a default investigation).
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Party A: Manufacturer.
Party B: Wang.
It is reasonable that Party B is deceived and does not meet the entry conditions.
Yes, this is the process, but generally Party A will not agree.
In this case, because Party B falsified the labor contract first, and Party A terminated the labor contract later, the contract was not recognized, and Party A could continue to terminate Party B without any compensation!
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In fact, you can terminate the labor contract, because you deceived you to get a fake vision certificate first, and their investigation is not clear, so you are not competent for the job, and you can coordinate with the factory to change positions.
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Party A: Party B:
In accordance with the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China, Party A and Party B voluntarily sign this contract after consultation and agreement on an equal footing, and jointly abide by it. 1. The term of the contract is balanced.
1) This contract is a term labor contract. This contract shall come into force on XX-XX-XX, wherein the probationary period shall end on XX-XX-XX, and this contract shall terminate on XX-XX-XX or when the conditions for termination of this contract appear.
b) Party B's personnel files and social insurance relations during the term of this contract shall be determined by the company or.
The company designates the first organization to arrange a unified storage management. Party B shall be responsible for transferring his file and social insurance relationship to the company after signing this contract. (3) Party B warrants that it will no longer be employed by any other entity on the effective date of this Contract, and that the labor relationship with Party A and the performance of this Contract will not violate any contractual obligations or legal obligations that Party B shall undertake.
2. Work content and work location.
1) Party B agrees to engage in regretful positions (work) according to Party A's production and operation (work) needs.
species) work, the place of work is . Party A has the right to arrange for Party B to be outside the place of work.
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On the white cover, there are four big characters of the labor contract written on it, and various agreements are written on it when you open it. At the end is a blank space signed by both parties.
Article 19 of the Labor Law A labor contract shall be concluded in writing and shall have the following provisions:
1) The term of the labor contract;
2) the content of labor;
3) Labor protection and working conditions;
4) remuneration for labor;
5) Labor discipline;
6) Conditions for the termination of the labor contract;
7) Liability for breach of labor contract.
In addition to the necessary clauses provided for in the preceding paragraph, the parties may negotiate and agree on other contents of the labor contract.
Full-time or part-time.
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