Labor Contracts Should Be Signed When Establishing Labor Relations.

Hurdling

Labor contract is the most basic legal form to establish labor relations.

As the first law in China to independently adjust the labor contract relationship at the legal level, the labor contract law further improves the labor contract system from many aspects such as the conclusion, performance and alteration, termination and termination of the labor contract, and clarifies the rights and obligations of the parties to the labor contract.

So what does labor contract law bring to ordinary workers?

Since today, the newspaper has launched the "labor contract law" to the workers what column it means, trying to interpret it from the perspective of laborers.

The hottest topic of law these days is the labor contract law.

As a law closely related to the vital interests of laborers, the labor contract law has attracted wide attention, mainly because of its systematic design for the protection of workers' rights and interests in the light of the current situation of labor relations.

"It is emphasized that employing units should sign written labor contracts with workers, so as to solve the problem of nihility of labor contracts, is the first big Gospel brought to employees by the labor contract law.

Guo Jun, the Minister of democratic management of the National Federation of trade unions, believes that the labor contract law specifies that "the employer should establish labor relations with the laborers from the date of their own employment". "Establishing labor relations should conclude a written labor contract", which will effectively solve the problem of low labor contract signing rate and promote the standardization and institutionalization of labor relations. This is the most fundamental guarantee for the rights and interests of workers.

China started the pilot reform of the labor contract system in the middle of 1980s. The labor law, which was put into effect in January 1, 1995, formally established the labor contract system. In 1996, the whole labor contract system was implemented in enterprises.

However, due to many factors, the implementation of the labor contract system is not ideal. The most prominent problem is the low rate of labor contract signing.

The labor law enforcement inspection conducted by the Standing Committee of the National People's Congress in 2005 found that the signing rate of labor contracts in small and medium-sized non-public enterprises is less than 20%, and the rate of signing individual economic organizations is lower.

Signing labor contracts is the starting point for establishing labor relations. If the signing rate can not be raised, the foundation for safeguarding workers' rights and interests can hardly be stabilized.

The experts said that the important point of the labor contract law is that all employers must sign labor contracts with working hours, thus solving the problem of arbitrariness of labor contracts that can be signed for a long time, and there is no empty labor contract.

In particular, the conclusion of written labor contracts as an important part of perfecting the labor contract system and taking it as an obligation of all employers is indeed a "amulet" for laborers.

Xin Chun Ying, deputy director of the Standing Committee of the Standing Committee of the National People's Congress, pointed out that there is no written labor contract, which is a very important reason for the laborers' rights protection costs.

When you have a dispute, you have no evidence to assert your rights.

She said that the labor contract law stressed the signing of a written labor contract, that is, when labor disputes happen, one thing can be advocated and can be cited.

It can be seen that in order to promote the signing of written labor contracts between employers and laborers, the labor contract law has made a series of system designs: stipulating that "establishing labor relations should conclude a written labor contract". "If a labor contract has been established and a written labor contract has not been written at the same time, a written labor contract should be concluded within one month from the date of employment". At the same time, the legal liability is clarified. That is, the employer has paid more than 1 months, but fails to enter into a written labor contract with the laborer for more than 1 months, and should pay two times the monthly salary to the worker. If the contract has not yet been signed after 1 years, the labor contract will be automatically converted to an unfixed term. If the salary is not paid two times, the worker can apply for arbitration and prosecution.

It should be pointed out that the establishment of labor relations in the form of labor contracts will also lay a foundation for the workers to receive legal benefits such as labor remuneration, rest and vacation, social insurance and so on.

As a grass-roots worker told reporters, his most direct understanding of the labor contract law is that "with a labor contract, the" rice bowl "is more stable.

Of course, all of these must be based on the universal signing of labor contracts.

It can be seen that how to make the labor contract cover all the labourers is the first important meaning to carry out the labor contract law.

In this regard, the leaders of the General Assembly said that improving the signing rate of labor contracts has been an important part of the work of trade union rights protection in recent years. As early as 2006, the three party, which was composed of the State Council and the Ministry of labor and social security, the China Enterprise Federation / China Entrepreneur Association, coordinated the labor relations, and jointly launched the "three year action plan for the comprehensive promotion of the labor contract system". The goal is to achieve the signing of the labor contract for all employers by the end of 2008 through the efforts of 3 years.

The leader said that with the power of the labor contract law, we can have full confidence in achieving this goal.

But in any case, for laborers, studying the labor contract law, understanding and actively advocating the right to sign labor contracts are all "homework" to safeguard their legitimate rights and interests.