Next Year, Sign Six Major Terms Of Labor Contracts.

With the implementation of the labor contract law, employers are drafting new labor contracts.

A few days ago, the labor and Social Security Bureau of Shanghai City, in accordance with the relevant provisions of the labor contract law, revised the text of the original interpretation of the terms commonly used in labor contracts. On the basis of the essential provisions of the labor contract stipulated in the labor contract law, and combined with the outstanding problems and contradictions reflected in the labor dispute handling in recent years, some common provisions in the text of the simulated labor contract were prepared.

Then, what terms are necessary for workers to sign new labor contracts and what are the terms of negotiation in the future?

What items do workers need to pay special attention to?

In view of the articles in the labor contract which the readers are more concerned about, the weekly newspaper published by this newspaper has a detailed analysis according to the new interpretation of the commonly used terms of the labor contract.

4 items in essential clauses should be noted.

1 working hours and rest breaks

The existing statutory working hours system is divided into: standard working hour system, comprehensive calculation work hour system, irregular working system, and one of the labor contracts should be clearly chosen.

When a standard man hour system is adopted, the enterprise shall arrange for Party B to work no more than 8 hours per day, averaging no more than 40 hours per week.

The implementation of comprehensive calculation work hours or irregular work system shall be approved by the labor and social security administrative department.

Special mention: employers should ensure that workers have at least one day off a week.

The employer can extend the working hours after consultation with the trade unions and laborers because of the need for production and operation. It can not be more than one hour per day. For special reasons, it is necessary to extend the working hours. The extension of working hours under the condition of ensuring the health of workers is not more than 3 hours a day, but not more than 36 hours per month.

2 remuneration for labor

Generally, there are two forms of wages and salaries in Enterprises: one can choose one from time and part.

Among them, the labor quota should be the majority of workers in this unit who are engaged in this kind of work, which can be completed within the statutory working hours.

Special note: the State implements the minimum wage guarantee system.

The wages paid by the employer shall not be lower than the local minimum wage standard.

The following items shall not be regarded as part of the minimum wage, and the units shall pay separately according to the regulations: first, the social insurance premiums and housing provident funds paid by individuals according to the regulations; the two is the extension of statutory working hours; the three is the allowances for the special working environment, such as the middle class, night shift, high temperature, low temperature, underground, toxic and harmful conditions, and the four is the allowance for meals, meals, pportation, and housing subsidies.

Wage distribution should follow the principle of distribution according to work and equal pay for equal work.

In case of any of the following circumstances, the employing unit shall pay the wage remuneration higher than the normal working hours of the workers in accordance with the following criteria: arranging the workers to extend their working hours, paying one hundred and fifty percent of the wages paid by no less than the wages; arranging the work of the workers on the break day, and arranging the compensation for not less than two hundred percent of the wages; and arranging the workers' work on statutory holidays to pay three hundred percent of the wages paid by the workers.

During the period of statutory holidays and weddings and funerals, workers should pay wages according to law.

The employing units shall strictly enforce the labor quota standard, and shall not force or disguise the laborers to work overtime.

If an employer arranges overtime work, he shall pay overtime wages to laborers in accordance with relevant state regulations.

In accordance with the factors such as shorter working hours, shorter duration of labor relations and arrears of wages in practice, the labor contract law stipulates that the maximum period of payment for non full-time labor remuneration shall not exceed 15 days.

3 social insurance

The employer shall take part in the social insurance for the employees in accordance with the relevant provisions of the state and the city's social insurance.

Special hints: social insurance in this city includes urban employees' social insurance, small town insurance, rural social endowment insurance, comprehensive insurance for foreign employees and so on. Workers have the right to understand the situation of employing units to participate in social insurance.

4 labor protection and occupational hazards

The protection enterprises should fulfill their duty of disclosure to the employees, and do well in the prevention of occupational hazards in the labor process.

Special note: workers engaged in special operations must undergo special training and obtain special qualifications.

Workers must strictly abide by safety regulations during their work.

The laborers have the right to refuse to execute the illegal command and coercion of the managers of the employing units, and have the right to criticize, report and accuse acts of endangering the safety of life and health.

If a worker refuses to employ a person in charge of a unit to conduct a violation of regulations or coercion, he shall not be regarded as a violation of the labor contract.

2 points in negotiation clause should not be ignored

1 trade secrets and competition restrictions

Employers and workers can stipulate in their labor contracts the business secrets of the employing units and the confidentiality matters related to intellectual property rights.

For a laborer who has a duty of confidentiality, the employer may stipulate a competition restriction clause with the laborer in the labor contract or confidentiality agreement, and stipulates that the worker's economic compensation shall be given to the laborer on a monthly basis within the time limit of the competition according to the termination or termination of the labor contract.

It is particularly pointed out that the persons with limited competition must be limited to the senior managerial personnel, senior technicians and other personnel who have the obligation of confidentiality.

The scope, region and time limit of the competition shall be stipulated by the employing unit and the laborer, and the agreement on the restriction of competition shall not violate the provisions of laws and regulations.

The duration of competition shall not exceed two years.

2 liquidated damages

The penalty for breach of contract applies only to the parties who have the term of service and the restriction of competition.

In addition, the employer shall not agree with the laborer that the worker shall bear the penalty for breach of contract.

If the employer provides special training expenses for the laborers, he may make an agreement with the worker and provide a service period if he carries out professional and technical training.

Special note: if a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract.

The amount of penalty shall not exceed the training fee provided by the employer.

The liquidated damages paid to the laborers by the employer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.