Enter the workplace from campus,Convert from the role of a student to a workplace worker。Get offer,What should I pay attention to when concluding a labor contract? What terms should be included in the labor contract?
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01
Why do you sign a labor contract?
The Labor Contract Law stipulates,Establish a labor relationship,It should be concluded for a written labor contract。Labor relationship has been established,Not setting a written labor contract at the same time,A written labor contract should be established within one month from the date of employment。
Written labor contract records the job of workers' work、Salary Standard、Work content and place of work, working hours and rest vacation,With a written labor contract, workers have a guarantee during the employer,Even if a labor dispute will occur in the future,Written labor contract is also an important document that proves the identity of the worker and determines the relationship between the rights and obligations of both parties。
02
Terms of Labor Contract
Graduates before signing a labor contract,It should be negotiated with the employer carefully,Can't sign the hasty rate,Pay special attention to whether the labor contract has the sky bet games online essential terms stipulated in the Labor Contract Law,and whether the terms of the obligations of the employer and the rights of workers are missing。
The "Labor Contract Law" regulations on the necessary terms of labor contracts include these aspects:
① The basic situation of employers: such as name、Residence and legal representative or main person in charge;
② The main situation of workers: such as name、Address、Resident ID card or other valid ID number;
③ Labor contract period;
④ Work content and place of work;
⑤ Working time and rest vacation;
⑥ Labor remuneration;
⑦ Social insurance;
⑧ Labor protection, labor conditions and occupational hazards protection;
⑨ Law and regulations should be included in other matters that should be included in the labor contract。
*Except for the above necessary terms,Workers and employers can agree on the trial period、Training、Secret、Supplementary insurance and welfare benefits。
03
Labor contract signing time
Employers and workers shall sign a labor contract within one month of establishing a labor relationship。
If it is less than one month after less than one year, it has not signed a written labor contract,The employer must pay double wages to the workers;,The employer needs to pay the workers for 11 months of double salary,At the same time,Sign a labor contract without a fixed period。If during the employment process,Job seekers encountered the above situation,can be negotiated、Appeal、Arbitration until the channel of the lawsuit requires compensation。
04
Types of the labor contract
Labor contracts are divided into the following three types:
① Fixed time limit Labor contract,refers to the labor contract Sky Bet app that agreed on the termination time of the contract with the employer and the worker。
② No fixed term labor contract,refers to a labor contract that uses people and workers to agree without determining the termination time。
③ Labor contract with a period of completing a certain work task,refers to the labor contract with the agency of the person and the worker as the term of a job as the term of the contract。
What needs to be noted is,No fixed term contract means that the labor contract does not have an exact termination time,The length of the contract does not make an agreement,but not without ending time。Facts,Except for the end condition of the end of the contract,No fixed term labor contract and a fixed term labor contract is not very different。As long as it meets the conditions prescribed by the law,Workers and employers can lift the labor contract,Labor retirement、Death,Employers bankruptcy、Logistics and other legal matters will also terminate the labor contract。
05
When does the labor contract come into effect
Usually under normal circumstances,The employer and the workers are negotiated,The labor contract is effective for the two parties after signing and stamping in the text of the labor contract。If the two parties have an agreement on the effective time of the labor contract or the effective conditions,,Arrived the agreed time or the required conditions to take effect when the establishment is established。
But when does the labor contract come into effect,It does not directly generate the legal effect of the establishment of labor relationship。The establishment of labor relations and the establishment of a written labor contract without direct causal sky bet games online relationship。Establish a labor relationship,It should be concluded for a written labor contract,But a written labor contract is not necessarily established.。The establishment of labor relations is marked by the start of employment。
06
Regulations on the probation period
The term of the labor contract is more than three months and is not full for one year,The probation period must not exceed one month; the labor contract period is less than one year or less than three years,The probation period must not exceed two months; the labor contract with a fixed period of more than three years and the non -fixed period,The probation period must not exceed six months。If a labor contract with a certain work task is completed、or the term of the labor contract is less than three months,Do not agree to the trial period。Another,Non -full -time workers shall not agree on the trial period。The trial period is included within the time limit of the labor contract,If the labor contract is only agreed in the trial period,The trial period is not established,This period is the term of the labor contract。So,The first thing to find a job is to sign a labor contract,and the probation period cannot exceed six months。
Another,The salary of the workers in the trial period must not be lower than the minimum salary of the same position in the unit or 80 % of the salary agreed in the labor contract,It must not be lower than the minimum wage standard of the employer where the employer is located。
The Labor Contract Law also explicitly stipulates,The same employer and the same worker can only agree on the probation period。
Focus on the key issues of graduates
About labor contract,Graduates often encounter many problems,We focus on the following four:
Q: After I work for sky bet games online a while, the unit,Decide whether to sign a labor contract according to my performance,Is it okay?
A:The answer is not possible,According to regulations,Employers should sign a written labor contract from the date of employment,At the latest should also sign a contract within one month from the date of employment。Even if there is a trial period,Also sign a contract。
Q: There is a labor relationship,But can you only consider you unlucky?
A:The answer is no。Encountered this situation,According to relevant regulations,If the work is less than 1 year,The unit shall pay double salary and make up the contract,If the worker is unwilling to renew the contract,The unit also pays for economic compensation。
Q: Is the probation period a necessary clause of a labor contract?
A:The answer is also negative,Whether the trial period is agreed to negotiate by the parties to both parties in the contract,can also be not agreed。Labor contracts without an agreed trial period will not affect its establishment and effectiveness。
Q: Do you need social security during the probation period?
A:Social security during the probation period,According to the relevant provisions of the Labor Contract Law,During the duration of labor relations,Employers shall pay social insurance for workers in accordance with the law。During the trial period, it is included within the time limit of the labor contract。So,The employer shall pay social insurance for employees who are in the trial period。
Seven types of contracts should be signed with caution
During the contract signing process,Some employers infringe the legitimate rights and interests of graduates to reduce the cost of employment,Graduates who enter the workplace must sign seven types of contracts with caution:
1. Sign carefully and verbally.Oral contract is also called oral agreement,refers to the conversation of the parties on both parties,Telephone and other verbal forms to reach an agreement on the content of the contract,No written or other tangible carriers to express the content of the contract。Once a dispute occurs,Difficulty of proof,Rights protection is also not easy。
2. Signing with a simple contract.This type of contract does not have detailed provisions,There seems to be no problem,Once it encounters problems such as lifting labor contracts,Legal rights and interests often do not get sufficient protection。
3. Careful signing requesting a certificate or financial mortgage contract。Labor Contract Law clearly stipulates,The employer recruits workers who must not seize the resident ID card and other documents of the workers,Do not require workers to provide guarantee,or collecting property from the workers in other names。
4. Signing the yin and yang contract with caution.Some units are in order to cope with the inspection,On the grounds that you can pay less taxes,At the same time, a low -paying fake contract was prepared at the same time,and another high salary real contract。When a labor dispute occurs,,If the amount of economic compensation or compensation is involved,It is very likely to calculate according to the low -salary leave contract。And we should also pay attention to,seemingly less tax,In fact, the payment base of the five insurances and one fund of graduates also becomes low,Disruity of actual rights and interests,For this,Graduate students must act with caution。
5. Subject to a life -and sky bet login -death contract containing work injuries.Prevent employers from having a safety production accident,Escape liability for compensation,Especially in architecture,Chemical,Mining and other high -risk industries,job job graduates must not have a chance to have a chance,Don’t seriously read the terms of the contract。Of course,Even if this kind of contract is signed,As long as it is a work injury caused by work,Workers can still apply for work injury determination。
6. Sign carefully to the dark box contract.This type of contract often does not explain the content of the contract,More only stipulates the rights of the employer and the obligations of the workers,Rarely or does not specify the obligations of the employer and the rights of workers,It is a way to conceal the content of the labor contract,Check carefully when signing。
7.This contract is often only from the perspective of the unit,Forced graduates to sign a contract without the true will,job seekers are in a very passive position。If you are required to join in non -secret positions,Do not change jobs to work in the same industry within a few years,Female employees must not get married and have children during the contract,Labor trial leaving not settled salary。Workers need to obey overtime arrangements unconditionally,These contents are not based in the law,We must also treat it carefully。