Collision with the Labor Contract Law School Dormitory Administrator Working Hours and Treatment

Even if it's unreasonable, it can't be helped, because the dormitory administrator should not be treated as a teacher, and if you file a lawsuit or file a complaint with your superiors, then the school is likely to fire you for other reasons, and there should be a lot of people who want to do it, so the school has nothing to fear.

How do you suggest this? I think either I am not satisfied with my resignation, if I ask the school, I will definitely not agree, because it can recruit others, and the higher authorities are even less likely to manage it, because even if the formal establishment of teachers will be deducted, I dare to say that this problem exists all over the country, but it is definitely impossible to solve it in the near future, it is recommended that if you don't want to do it, you can go to the court to see, you don't arbitrate or appeal, sue directly to the court, if you still want to do it, then bear with it

We? A lot of people? Then you have to find the school to sign a contract, but there are provisions in the new contract law, I will not copy the specific regulations, you can make a request to the school in accordance with the regulations, is it best to find a representative who is eloquent to find the principal, how to get the contract, you have to consult a professional lawyer, although it costs a fee, but it is better to find it.

1. Standard work system, 5 days a week, 8 hours a day, no more than 40 hours per week, no more than one hour per month;

2. If the above standards are exceeded, the employer shall pay the employee overtime pay;

3. Calculation method of overtime pay on working days: monthly wages and overtime hours are multiple;

Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages;

The calculation method of overtime pay on statutory holidays is 3 times the monthly salary and overtime hours.

Legal basis: Article 44 of the Labor Law.

At present, the labor law stipulates that it takes 30 days for a regular employee to resign, and an employee who resigns can terminate the employment relationship by notifying the employer in writing one month in advance.

The Labor Contract Law will warn the employer who has not signed an employment contract with the employee and compensate the employee for the loss.

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 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.

If the rules and regulations of the employer directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

In accordance with the provisions of the Labor Contract Law of the People's Republic of China.

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 74 The local people's labor administrative departments at or above the county level shall supervise and inspect the following situations in accordance with the law:

1) The employer's formulation of rules and regulations directly related to the vital interests of workers and their implementation;

2) The conclusion and termination of labor contracts between the employer and the employee;

3) The compliance of labor dispatch units and employing units with the relevant provisions on labor dispatch;

4) The employer's compliance with the national regulations on working hours, rest and leave for employees;

5) The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;

6) The employer's participation in various social insurances and payment of social insurance premiums;

7) Other labor inspection matters stipulated by laws and regulations.

Article 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

There are two types of cases of not signing an employment contract. If the employer requires the employee to sign a written labor contract, but the employee does not sign a written labor contract, the employer is not liable. If the employer fails to sign a written employment contract due to the employer's reasons, the employer shall bear the corresponding legal consequences.

There are three main consequences: 1. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. Under this provision, workers can claim double pay for up to 11 months.

2. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. 3. If the employer fails to conclude an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded. Employees claim double wages in accordance with this provision, and there is no maximum time limit.

Many people will have this question: why do some people take two days off on weekends, some people take a single day off on weekends, and some people only take three or four days off a month? Isn't there a specific regulation on working hours in the labor law?

If so, what does the labor law say about working hours? According to the provisions of Articles 36 and 38 of the Labor Law, as well as the "Provisions on the Working Hours of Employees", the state implements a working hours system in which the daily working hours shall not exceed eight hours and the average weekly working hours shall not exceed forty hours. The employer shall ensure that the employee has at least one day off per week.

Article 41 of the Labor Law stipulates that an employer may, after consultation with the trade union and the employee, extend the working hours, which shall generally not exceed one hour per day, due to the needs of production and operation; 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. Legal basis: Article 41 of the Labor Law of the People's Republic of China: Due to the needs of production and operation, an employer may extend its working hours after consultation with the labor union and the workers, and generally shall 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. Article 3 of the "Provisions on the Working Hours of Employees" Employees work 8 hours a day and 40 hours a week.

The statutory working hours shall not exceed 44 hours per week. If it is exceeded, overtime pay will be paid according to overtime.

It shall not exceed 8 hours per day, plus 1 hour for work and 3 hours for special emergencies. The working hours shall not exceed 44 hours per week.

In accordance with the provisions of the Labor Law and the Provisions on the Working Hours of Employees (Order No. 174).

At present, China implements a standard working hour system of 8 hours a day and 40 hours a week. Organized.

Enterprises should implement a standard working hours system. Some enterprises cannot implement standard working hours due to the nature of work and production characteristics.

The system should ensure that workers work no more than 8 hours per day, no more than 40 hours per week, and at least rest per week.

rest for a day. In addition, according to the actual production situation of some enterprises, the irregular working hours system and comprehensive calculation of workers can also be implemented.

Hourly working hours. Enterprises that implement the irregular working hours system and the comprehensive calculation of working hours system shall follow the Ministry of Labor's "About Enterprises".

Measures for the Examination and Approval of the Irregular Working Hours System and the Comprehensive Calculation of Working Hours System (Lao Bu Fa No. 1994 503).

Stipulate the examination and approval procedures.

Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the form of compensation is different depending on the reason for termination.

1. If both parties agree to terminate the contract through consultation, the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable.

2. If the unit is unilaterally dismissed without a legitimate reason, it needs to pay double the compensation according to the above standards.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

The differences between the Labor Contract Law and the Implementing Regulations of the Labor Contract Law are:

1. The Labor Law regulates the relationship between the employer and the employee, the Labor Contract Law regulates the contractual relationship between the employer and the employee, and the implementing regulations of the Labor Contract Law are detailed and more explicit in accordance with the provisions of the Labor Contract Law.

2. The Labor Contract Law breaks through the Labor Law, expands the scope of application and increases the principles, reflecting the value trend of the legislator. (1) The scope of application of the Labor Contract Law has been expanded. Article 2 of the Labor Contract Law provides that 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 employees and conclude, perform, modify, dissolve or terminate labor contracts.

The Labor Law and the Labor Contract Law are two laws that coexist, and the Regulations for the Implementation of the Labor Contract Law are the refinement and interpretation of the Labor Contract Law.