Analysis Of The Main Contents And Characteristics Of The Labor Contract Law

First of all, to adapt to the scope of the problem, today is more of a friend of the business community, this law is mainly related to public institutions, an enterprise from the general manager to the most specific operators are workers, so what is the situation?

Labourers are natural persons, but employers are all units, legal persons, and no natural person can be found. We are all workers. This situation is actually a problem left over by the planned economy. We all work for the state. Now that enterprises are independent, there should be representatives of natural persons, but we have not solved this problem.

In a market economy country, we should clearly define the rights and obligations of the employer class and the Employee class, and clear the rights and obligations.

In the process of law making, we have proposed that we should first define who is labourer and who is not laborers, but are labourers who are relatively easy to handle. There are several symbolic characteristics. But some people also have such characteristics, such as senior managers, business executives, chief accountants, chief economist, chief engineer, director of human resources and so on. Can you say that he is also a laborer? We say that in addition to what other people, including civil servants and military personnel, we should not exclude workers, but should be excluded from workers. Now the whole society accepts some difficulties. Because we have just marketed, and the development of enterprises is also different. For example, the division between the chief executives of one hundred thousand enterprises and the bosses of small companies is really hard to handle.

For example, I now pick up a case of wow ha president and a joint venture company. He showed me a service agreement, whether it was a labor contract or a very real labor contract. Now it is amazing. Wow ha ha is not a CEO, he is a laborer. He is treated according to the labor protection. Such a senior manager has the same salary income, bonus, option and share as ordinary laborers.

How can we solve this problem?

There are provisions in relevant provisions, such as competition restrictions, mainly senior managers. If they are protected by ordinary workers, enterprises will be very passive.

Another more direct way is to limit the maximum amount in economic compensation, which is more than three times the average wage, and that the compensation period will not exceed one year.

Second, the issue of labor rules and regulations.

Labor regulations and regulations are the most important tasks for HR to implement in January 1st when the labor contract law is implemented. The law stipulates the relevant provisions of the enterprise labor rules and regulations, which are directly related to the interests of laborers.

What is the nature of the labor rules and regulations in enterprises?

The specific provisions of labor laws in enterprises are normative documents with legal effect for enterprises to coordinate labor relations to deal with conflicts between employers and employees. In the future, when enterprises coordinate labor relations and deal with conflicts between employers and employees, this is a normative document with legal effect.

For example, if the employment contract is terminated in the future, it is said that you are not in line with the employment conditions, and the employment conditions should be stipulated in the relevant rules and regulations. For example, a serious violation of the enterprise violation system can also relieve the labor contract. Before that, a clear basis must be put forward, and the rules and regulations are the basic basis.

But at present, the rules and regulations of many enterprises are not standardized.

Rules and regulations have three requirements: first, the contents are legal; second, the corresponding procedures should be followed; third, publicity.

The law requires rules and regulations for workers to enjoy backward rights and fulfill their labor obligations. Now the rules and regulations are basically regulations, which are regulations on the duties of workers, what you should do, what discipline you should follow, how much money you should pay for punishment, how to deal with them and how to dismiss them. The regulations on the rights of laborers are not very simple at all. How many enterprises regulations have labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, and staff training regulations? A very important task is to clean up and improve the rules and regulations of enterprises, which is a very heavy work before the implementation of the labor contract law in HR.

More than five minutes, and the toilet needs to be licensed. This rule infringes human rights. It is illegal to enter the factory area within 24 hours. It is also an illegal rule. If it is not allowed to walk around at any time during work hours, it can not be restricted, but it can not restrict the time outside the workers. This is not allowed. There are also some corresponding fine systems. Such regulations are illegal and invalid, but workers do not have such awareness. Now workers are beginning to realize this problem. Normative enterprises should not have such a problem. The content must be legal. Second, the procedures for making a subscription must be discussed by the trade union or workers, and their opinions should be heard. Some comrades say there is no trade union to do so. Moreover, the rules and regulations of some enterprises are not only irregular, but also illegal. For example, a rule in the Pearl River delta system is very detailed. One can not go to the toilet more than three times a morning.

There are no trade unions and workers.

Staff representatives' opinions, though increasing our workload, will be of positive significance to the improvement of rules and regulations and the future implementation. It is not a constraint for enterprises. Enterprises should realize that this is the management authority of enterprises, and should conscientiously exercise and fulfill them. This procedure is necessary. Third, the rules and regulations you formulated must be known to workers, and only after telling workers can they deal with labor relations and related problems.

上次我們遇到一個(gè)案例，企業(yè)以員工違反企業(yè)規(guī)章制度為理由解除勞動(dòng)合同，員工說我不知 道，你們以前沒告訴我，由此引起了勞動(dòng)爭議，打到勞動(dòng)仲裁，勞動(dòng)仲裁經(jīng)過調(diào)查發(fā)現(xiàn)相關(guān)規(guī)定是 在員工出現(xiàn)問題以后才制訂的，這是無效的，必須事先告知，中國老百姓講不知罪者不為罪，一旦 告知以后就要承擔(dān)責(zé)任，可以利用多種形式告知，最簡單的辦法就是作為勞動(dòng)合同附件一塊給員工 ，如果是老員工沒簽勞動(dòng)合同，有了新規(guī)定可以單張發(fā)放，或者開班組會(huì)，或者發(fā)布到網(wǎng)站上，也 可以進(jìn)行張貼，或者在工作場所貼，以后企業(yè)管理、HR管理是基本依據(jù)，現(xiàn)在很多沒依據(jù)，如果以 前沒有就算了，以后解雇員工時(shí)候必須告知原因，必須得有依據(jù)，比如績效考核究竟怎么考核，每 個(gè)崗位的崗位要求是什么，都得告知員工，這方面一定要引起重視。

Third, the conclusion of labor contracts.

This is the most important issue. The most direct requirement of this law is to conclude a labor contract, and the other is to encourage enterprises to enter into a non fixed term contract.

To establish labor relations, it is necessary to conclude a written labor contract. There is a special stipulation that a general contract can be established during part-time employment, and a written contract must be made for full-time employment. Why must a written contract be made?

Yesterday, the Deputy General of a company said that many parts of the United States did not have to make written contracts, many of them were oral agreements. He said why China had to make such a decision.

I said the situation in China and the United States is different. Besides the national standard, the labor standards in the United States are mainly industrial standards, even if the labor contracts can not be lower than the industry standards. Otherwise, the credit level of the United States is different from ours. Once there is labor dispute, the evidence is raised. If the workers propose unfair treatment, the compensation for the loss of the enterprise is not twice or two times the problem. The boss is very cautious in litigation. The Chinese law is not perfect on the one hand, and the trade union can not play a corresponding role. China's credit level also has problems. The problem exists not only in the enterprises but also in the employees. The social credit level is generally relatively low. According to Chinese traditional culture, it is based on the traditional Chinese culture, which is based on the word "second", and if it is called the establishment of labor relations.

There was no specific provision in the past, so it caused some controversy.

Before the accident, involving medical expenses, holidays and so on a series of problems, the university student said that I have signed a labor contract, the contract should be effective, the enterprise should manage me, the enterprise said that the day has not been up yet, if I am not very fair, this matter mentioned the labor dispute, the arbitration tribunal is also very difficult, both of which seem to be reasonable. The labor contract should be effective, but it has not worked yet, has not performed the contract, finally takes the usual method to handle, the court settlement, finally the enterprise statement is not our person, but because of the humanitarian consideration, because you are injured, we still give you the corresponding financial subsidy, and we agree that you will still be able to work when we are injured. For example, a college student signed a labor contract in May 15th, and went to work with his diploma in July 1st.

If the students feel that they have already done this, let alone the formal employees, the problem is solved.

In accordance with the present law, it is very clear that, although a labor contract has been signed, the law requires that from the date of self employment, no subsidy can be given under such circumstances.

If we have worked, but have not yet signed a labor contract, also have labor relations, what is the actual labor relationship?

It is a popular saying that a large number of workers do not sign labor contracts in the past. They are not legal concepts.

Some comrades said that if the labor contract was not signed twice a day, it would be unreasonable to double the salary. In a sense, this problem could be avoided completely, as long as it was carried out according to the law.

Now we are thinking of signing a labor contract. If we can not remember it, we will not sign it. In the future, there will be a time limit for it to be completed within a month. This is not a problem that can not be solved. The law has a basic requirement. As long as it is a law-abiding unit, it should be signed, without evading and dealing with problems. If you avoid and respond, you will have to pay double wages, that is, the implementation.

The essential clauses of a labor contract can not be small. If the contract is invalid, a labor dispute enterprise should bear the responsibility. It is said that the employee and the enterprise sign the contract equally. Whether the equality is signed or not signed, the employee can not make you change the labor contract. If the senior worker is an exception, of course, the general worker can not, and the responsibility of the labor contract text is enterprise.

The requirement is to specify deadlines, work content and work place should be clearly written, job content is duty, basic requirements should be there, working hours and rest and vacation should be written clearly, in addition, there should be wage standard, basic wage standard should have, social insurance should be written clearly, labor protection, labor conditions and practice harm protection must be informed.

At present, the problem of labor and occupational safety and health is very prominent. Coal mines need not be said. Mine accidents and mine problems are very serious. This morning, another thing happened. The bridge had not yet been delivered and collapsed when scaffolding was used. More than 100 people were missing, and now more than 20 people were rescued, more than 20 dead and more than 40 missing.

Occupational diseases should also be made clear, especially lung diseases. Once they get lung disease, they lose their labor force. In the end, life can only be prolonged, and the basic protection of workers is neglected.

I went to the Shenzhen electronics factory, the electronics factory also has the protection question, the fiber work, specially fine, can see with the microscope, when goes to the time to say with the worker no problem, the worker does not understand these, finally the eyesight drops sharply.

The glue in the shoe factory is all contaminated.

Refrigerators and air conditioners in Japan are produced abroad because they are poisonous.

None of Nike's shoes is produced in the United States and is produced in developing countries.

The issue of occupational safety should be written, and other relevant laws and regulations should be clearly written into the labor contract. The labor contract must be standardized.

Now the main problem is the deadline. This labor contract law clearly stipulates three periods: fixed infinity, no fixed time limit, deadline for completing certain tasks, and strict promotion of non fixed term contracts as the basic requirements of law. Where are the differences between non fixed term contracts and fixed term contracts?

To rectify a concept, no fixed term contract is not an iron rice bowl. The difference between a fixed term contract and a fixed term contract is that there is no time limit for the termination of a labor contract. If a legal termination condition is met, it can still be lifted.