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1.Figure out what you want to do.
Although he is a novice in the workplace, he is not very clear about his job, but he does not delay himself in understanding the work content he needs to do, and it is also to prevent colleagues from finding trouble in the future.
2.Determine whether the company's personnel system is formal.
Before you decide to join, you must first judge whether the company's personnel recruitment is formal, and some companies will recruit personnel to outsourced personnel, which is very unfavorable to your later regularization.
3.Ask if there are five insurances and one housing fund.
For many regular companies, it is necessary to buy five insurances and one housing fund for employees, but generally small companies will rarely have one housing fund, so five insurances are also a must, which cannot be compromised.
4.Figure out when payroll.
Many companies are vague about wages and payroll times and other benefits before employees sign an agreement, which indicates that the timing of future payroll is also not fixed, so it is important to consider carefully.
5.Ask about the duration of the trial.
Generally, new employees will have a certain period of assessment period, which is what we often call the probation period, which is generally 1-3 months, if this time is exceeded, then you can consider whether to sign an agreement.
6.For new employees, you still need to do a good job of relevant strategies in advance, in case it is very difficult to regret it after signing it, so you must ask your seniors more for advice and understand some matters about the company's work system, so that you can know it in your heart.
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Whether the terms of the contract are good or bad for you, whether the contract is reasonable or not, and then depends on what the contract is signed.
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Legal analysis: The precautions for signing a contract are: if you sign a one-year contract, the probation period shall not exceed two months, and if you sign a three-year contract, the probation period shall not exceed three months.
In general, the salary during the probationary period is 80% of the regular salary, and the salary of new employees is not determined by the company's wishes. Employees also need to pay attention to the salary structure and payment time, as well as pay five social insurances and one housing fund. In addition, it is also necessary to pay attention to how overtime pay is calculated, and whether there are benefits such as car subsidies and food subsidies.
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.
Legal basis: Article 17 of the Labor Contract Law of the People's Republic of China: The labor contract shall have the following clauses:
The name, domicile and legal representative of the employer or the person in charge of the employer; The worker's name, address, and resident ID card or other valid identification number; the duration of the employment contract; the content of the work and the place of work; working hours, rest and leave; remuneration for labor; Social insurance; protection against labor conditions, working conditions and occupational hazards; 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.
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What issues should be paid attention to when signing a contract are introduced as follows:
The following should be noted when signing the employment contract:
1. When signing the contract, determine whether the employer has the qualifications of the employing entity;
2. The contract shall be signed in writing, except for part-time employment;
3. Labor remuneration should be clearly determined and oral agreements should be avoided;
4. The probationary period shall not exceed six months, and the contract that only stipulates the probationary period is invalid;
5. The payment method and payment time of labor remuneration should be clear;
What are the legal characteristics of an employment contract:
1. The subject of the labor contract is specific. One side is laborers, that is, Chinese, foreigners and stateless persons with labor rights and labor behavior; The other party is the employer, that is, the enterprise, individual economic organization, public institution, state organ, social organization and other employers that have the right and ability to use labor. The two parties have a subordinate relationship of domination and domination, leadership and obedience in the process of realizing labor;
2. The content of the labor contract has the unity and correspondence of labor rights and obligations. There is no one who only enjoys labor rights but does not perform labor obligations, and there is no one who only fulfills labor obligations but does not enjoy labor rights. The labor rights of one party are the labor obligations of the other and vice versa;
3. The object of the labor contract is singular, that is, the labor behavior;
4. The labor contract has the characteristics of promise, compensation and double contract. When the employee and the employer reach an agreement on the terms and conditions of the employment contract, the employment contract is established. Employers pay labor remuneration according to the quantity and quality of labor performed by employees, and cannot use labor without compensation.
Both the employee and the employer enjoy certain rights and fulfill the corresponding obligations;
5. Labor contracts often involve the material interests of a third party. The employment contract must have social insurance clauses, and the parties to the employment contract can also clearly stipulate the relevant welfare clauses in the employment contract, and these clauses often involve the material benefits of third parties.
To sum up, an employment contract is the basic form of establishing an employment relationship. It is a common practice in all countries of the world to take the labor contract as the basic situation for the establishment of labor relations.
Legal basis]:
Article 17 of the Labor Contract Law of the People's Republic of China.
The content of 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.
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Matters to be paid attention to when signing a contract: 1. First of all, be familiar with the provisions of the national labor law. 2. National regulations:
If a 1-year contract is signed, the probationary period shall not exceed 2 months; Sign a 3-year contract, and the probationary period shall not exceed 3 months. 3. The salary during the probation period and the salary after regularization should be specified in the contract. 4. The contract should indicate when the wages will be paid each month, and the enterprise cannot default or delay the payment of employees' wages.
6. Working hours are stipulated. 7. Overtime benefits: how to calculate overtime wages, whether there is car allowance, meal allowance or overtime accumulation time at night can also be compensated for holidays.
8. Annual leave provisions of the Labor Law: 5 days of annual leave for less than 10 years of work experience; More than 10 years of work experience: 15 days of annual leave.
9. Marriage leave regulations: how many days should be added to normal marriage leave and late marriage leave; Maternity leave provisions: normal maternity leave, how many days of late maternity leave should be added; Sick Leave Provisions:
How to deduct wages for sick leave. Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of an employment relationship. 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 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented. Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same unit and the same worker can only agree on one probationary period. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated. The probationary period is included in the term of the employment contract.
If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract. Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located. 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.
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