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In order to avoid the trouble caused by subsequent rights protection, we remind workers to pay attention to the following points when signing the contract: 1. Probation period: sign a one-year contract
The probationary period shall not exceed 2 months;Sign a 3-year contract, and the probationary period shall not exceed 3 months;Some companies sign a one-year contract, but the probation period is also three months, which is obviously illegal. 2. Salary during the probationary period: generally speaking:
During the probationary period, the salary is 80% of the regular salary, and the salary of the recruiter shall not be determined according to the company's wishes during the probationary period. 3. Job position and work location. 4. Salary composition and payment time.
5. Payment of five insurances and one housing fund. 6. Commuting and overtime benefits: how to calculate overtime wages, whether there is car allowance, meal allowance, etc.
7. Whether the provisions on annual leave, marriage and sick leave are legal: as far as annual leave is concerned, the law stipulates that if you have less than 10 years of work experience, you will have 5 days of annual leaveMore than 10 years of work experience: 15 days of annual leave.
Generally, enterprises will follow this implementation, and a few companies will ignore the labor law and calculate the annual leave according to the number of years the employee has worked in the company, which is completely illegal. Therefore, everyone needs to understand the relevant provisions of the national labor law, so that it is easier to see the loopholes in the company's contract and easier to protect their own rights and interests.
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Basically, only labor contracts are signed. When signing the contract, pay attention to the length of the probationary period corresponding to the contract period, pay attention to whether there are any terms of transfer and salary adjustment without the consent of the person, pay attention to whether the amount of the probationary period and the official salary is consistent with the agreement, the number and time of payment of wages such as annual salary and year-end bonus, pay attention to whether the rights and obligations of the employer and the employee and the liability for breach of contract are unfavorable to the employee, pay attention to the conditions and advance date of resignation, and pay attention to whether there are other clauses in the contract that are unfavorable to the employee, etc. Some also sign performance contracts.
When signing a performance contract, it is necessary to pay attention to whether the conditions of the contract can meet the needs of the current work and whether the goals can be effectively achieved. In the case of extended or general references, it also includes security responsibility letters, confidentiality agreements, non-compete agreements, etc. In the non-compete restriction, it is necessary to pay attention to the duration of the restriction and the amount of wage subsidy.
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Legal analysis: In general, the labor contract should be signed within one month of employment. An employment contract refers to an agreement between an employee and an employer that establishes an employment 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 filial piety laws and administrative regulations.
Legal basis: Article 7 of the Labor Contract Law of the People's Republic of China The employer shall establish a labor relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.
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 labor relationship shall be established from the date of employment.
An employment contract must be signed within one month of employment. The Labor Contract Law clearly stipulates that if an employment 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, that is to say, the company shall sign a written labor contract with the employee within one month from the date of employment, and a probationary period shall be agreed upon when the labor contract is concluded. >>>More
The re-signing of the labor contract during the labor contract period is valid and can be regarded as the termination of the original labor contract. >>>More
Nowadays, many workers have a question, is the re-signed labor contract valid? First of all, as long as the re-signed labor contract does not violate the mandatory provisions of the law, it is legal and valid. Secondly, the company and the employee shall sign a supplementary labor contract, and the contract shall specify that the term of the labor contract shall commence from the date of establishment of the employment relationship between the two parties. >>>More
The labor contract is signed for several years, and the law does not stipulate that the employee and the employer can negotiate with each other. The employer can choose to sign an employment contract with the employee once a year. >>>More
The collective contract signed by the trade union on behalf of all employees is a labor contract that is binding on all employees based on the interests of all employees, based on the interests of the whole. The labor contract signed between your Uncle Zhang and the company is a labor contract based on the individual employee and only involves the personal interests of the employee, and the general labor contract is a supplement to the collective contract, so the signing of the collective contract does not affect the validity and performance of the general labor contract, so the company has the right not to renew the labor contract with Lao Zhang. >>>More