Only 15% Of The Labor Contracts Are Regulated.

The labor contract law, which concerns the vital interests of hundreds of millions of workers, will be formally implemented in a week.

What is the role of the new law that once received four articles and received nearly 200 thousand opinions in a short month?

What are the expectations of the employers and employees for the new law?

This exclusive survey and the Beijing social and public opinion survey center launched a joint investigation. The survey involved eighteen districts and counties in Beijing, and 1044 effective samples were recovered.

The newspaper also requested the labor and Social Security Bureau to give authoritative answers to the hot issues in the survey today.

This week, the newspaper will also join the Beijing municipal labor and Social Security Bureau to invite the responsible persons to direct the readers to the evening news hotline.

Investigation and discovery

Only 15% of the labor contracts are regulated.

According to the survey, more than 83% of respondents expressed concern about the high degree of labor contract law. More than half of the respondents said they wanted to know about the new regulation.

In the survey, 1/3 of respondents were optimistic about the implementation prospects of the labor contract law, and believed that the promulgation of the new law was very helpful to laborers and strengthened the protection of workers' rights and interests.

More respondents placed their hopes on the government, and 46.7% of respondents chose the answer to "a little bit, but mainly the government's supervision".

Moreover, more than half of the respondents believe that "the government should vigorously publicize and strictly supervise" is the key to the smooth implementation of the new labor contract law.

On the other hand, people's understanding of the labor contract itself and the status quo of the labor contract are not optimistic. Nearly 40% of the respondents do not know what should be included in the standard labor contract, even if they want to know it, they do not know who to ask.

The other four respondents who knew something about the labor contract indicated that even if they knew that they could not decide, the unit had the final say.

Only 15.2% of respondents had standard labor contracts.

Four adults

Once encountered labor disputes

In the survey, 41.8% of respondents said they or their people were involved in labor disputes.

In the multiple choice of dispute types, "the unit does not pay the remuneration according to the contract or the social insurance" becomes the most controversial dispute.

More than half of the respondents mentioned that "the unit does not work in accordance with the prescribed measures for labor protection", "the unit has no reason to rescission in advance, and does not pay liquidated damages".

Even the least "employees who were injured after work injuries were dismissal instead of unit compensation", and nearly 1/3 of them were chosen.

The most interesting issue for labor contracts is "labor disputes, who should turn to workers for help" and "labor contracts can protect workers' rights and interests".

The irregularities of labor relations are the reasons for the tension between labor and capital. The survey results show that the policy of "the unit's policy has always been for employees", and the respondents who will not take the means to circumvent the adverse provisions in the labor contract law are only 8.3%.

The number of respondents who think that "enterprises only care about themselves, regardless of employees' lives and deaths" will certainly avoid the new regulations. The number of respondents is nearly three times that of the former.

Half of the respondents

Dissatisfaction with enterprises and layoffs

In this survey, more than 47% of respondents were "very indignant" about the dismissal of employees for "ten years' deadline".

At the same time, nearly 30% of respondents said that "firing employees is an independent act of enterprises and can not be controlled".

The percentage of respondents who held a positive attitude towards the terms of the "non fixed term contract" accounted for 14.4%.

Investigation and attitude

Will units take measures to circumvent the unfavorable provisions in the labor contract law?

A certainly will, enterprises only take care of themselves, regardless of the interests of employees 247B may see that the government's facial expression is a consistent style of business 376C should not, I have confidence in the regulatory measures mentioned in the labor contract law 269D absolutely not, the unit's policy has always been for employees to think 87E is not good-looking 65.

What do you think of the rumors that some enterprises have recently fired employees to avoid "ten years' deadline"?

A is very angry, business behavior is illegal, the relevant government departments should intervene, 493B can understand, because the enterprises do not understand the law, such a result of 149C is purely coincidental, corporate behavior is not necessarily to avoid risk 50D is helpless, firing employees is the enterprise's independent behavior, can not control 310E is unclear 42

What are the contents of standardized labor contracts?

A know, my contract is very standard. 159B knows, but I can't decide. The unit has the final say 426C does not know, want to know, but do not know who to ask 384D do not know, for the contract specification lost work is not worth 75.

What do you think of the term "non fixed term contract" in the labor contract law?

A this clause protects workers. It also encourages 384B to offer iron jobs for workers without a fixed term contract. 150C is good at doing bad things, but laborers will suffer losses. 80D is not clear about this clause. She doesn't know about this clause, 421E 9.

A contract with unit sign does not conform to the specification. 250B units do not pay according to the contract or the social insurance 292C units do not carry out labor protection for employees according to the prescribed measures. 242D units have no reason to cancel the contract in advance, and do not pay liquidated damages. 224E employees are not compensated for the work injury, but they are dismissed for 138F 57.

Investigation and answer

Workers pay double wages without signing contracts.

The general principle of labor contracts must be made within one month from the date of self employment. If there is no labor contract, it is necessary to bear serious legal liability.

The labor contract law stipulates that "the employer shall establish labor relations with the laborers from the date of their own employment".

The basic legal fact that causes labor relations is employment rather than labor contracts.

The conclusion of labor contracts is the obligation of employing units and laborers to establish labor relations, and is also one of the important evidences for proving labor relations.

That is, the employing unit has not entered into a labor contract with the laborer. As long as there is employment behavior, the labor relationship between the employer and the laborer is established, and the laborer who has a factual labor relationship with the employer is entitled to the labor law.

The labor contract law stipulates that employers and workers do not enter into labor contracts for more than one month and pay two times their wages to laborers per month.

If there is still no labor contract for more than one year, it will be deemed to have entered into an unfixed term labor contract.

No fixed term contract to adapt to three situations.

The labor contract law stipulates that, under legal circumstances, if the labourer puts forward or agrees to renew and conclude a labor contract, the labor contract shall be concluded without a fixed term except for the labourer to conclude a fixed term labor contract.

The legal situation includes the following three kinds: (1) the worker has been working continuously for ten years in the employing unit; (2) when the employer implements the labor contract system for the first time or the state-owned enterprise reestablishes the labor contract, the worker has worked continuously for ten years in the employing unit and is less than ten years from the statutory retirement age; (3) has signed two fixed term labor contracts continuously, and the worker has not renewed the labor contract without the provisions of the first and the second items of this Law thirty-ninth and fortieth.

Hot spots, focus and difficulties, we will help you find experts.

Labor and social security bureau receives consultation this week.

Conditions for termination of contract shall not be agreed between the two parties.

In the course of the implementation of the labor law, some employers agree to terminate labor contracts with workers at will, and terminate the labor contracts accordingly, so that the unfixed term labor contracts can be eliminated in advance, and they can not really play a role in safeguarding the rights and interests of workers in obtaining employment.

At the same time, in the case of workers' retirement, death or bankruptcy of the employer, there are no provisions on how to deal with the labor contract.

In order to better safeguard the legitimate rights and interests of laborers, the labor contract law has adjusted the provisions of the labor law on termination of labor contracts.

1. The termination of the labor contract is cancelled, and the labor contract can only be terminated because of the legal situation.

That is to say, the parties to a labor contract shall not stipulate the conditions for termination of the labor contract; even if the agreement is made, the agreement shall not be valid.

Two. The legal termination of the labor contract is increased. In addition to the expiration of the labor contract, the statutory situation of termination of the labor contract also includes: (1) the laborer is enjoying the basic pension insurance in accordance with the law; (2) the worker dies, or is declared dead or declared missing by the people's court; (3) the employer has been declared bankrupt according to law; (4) the employer has been revoked the business license, ordered to close down, revoked or the employer decided to dissolve in advance; (5) other circumstances stipulated by laws and administrative regulations.

The labor contract law also stipulates that if a worker works in his unit for fifteen consecutive years and is less than five years from the statutory retirement age, the employer may not terminate the labor contract with the employee even if the labor contract expires.

Expiration of contract

Enterprises still need to pay compensation.

The labor law stipulates that the labor contract must be relieved under certain circumstances, and the employer should pay the laborers' economic compensation. If the labor contract is terminated, whether the economic compensation should be paid is not specified.

When the labor contract law increases the termination of labor contracts and the termination of labor contracts in accordance with the law, the employer should pay the laborers' economic compensation.

In order to use the laborers who continue to use the term of the labor contract at the expiration of the labor contract, the labor contract law stipulates that the employer shall pay the economic compensation to the laborers in accordance with the law, unless the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the worker does not agree to renew the contract.

The employing unit shall pay the laborers the economic compensation according to the standard of working life of the workers in the unit, paying 1 months' wages for every 1 years, and 6 months or less for 1 years, according to the standard of 1 years, and paying the laborers half a month's wages for 6 months.

This regulation aims to encourage employers to use workers for a long time and eliminate the damage caused by labor contracts to workers.