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Should The Employment Contract Be Regarded As A Labor Contract?

2008/10/16 12:03:00 41811

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Case replay: in 2004, Xiao Wang was hired by a company and did not sign a labor contract.

In March this year, the company appointed Xiao Wang as the director of planning, and issued an appointment letter of two years, and stipulated his duties, treatment and duration in his appointment.

A few days ago, the company's leadership adjustment, the new manager said that the appointment is not a contract, let Xiao Wang go home to rest, only live expenses.

This makes Xiao Wang wonder whether the appointment is a contract.

Of course, the company let Xiao Wang go home to rest, and only pay for living expenses. This is a unilateral change of his job.

If there is no consensus between the two sides, the company has no right to unilaterally change the position of Xiao Wang, otherwise it will be an illegal act.

In view of the company's illegal activities, Xiao Wang can lodge a complaint with the labor dispute arbitration committee at the place where the company is registered within 60 days from the date of the dispute, so as to protect its legitimate rights and interests from infringement.

Case analysis: this appointment should be regarded as a labor contract.

Because according to the relevant provisions of China's current labor law and relevant laws, regulations, rules and policy documents, the labor contract should have the following 7 essential clauses: namely

(1) the term of the labor contract.

(2) work content.

(3) labor protection and working conditions.

(4) labor remuneration.

(5) labor discipline.

(6) conditions for termination of a labor contract.

(7) responsibility for violating the labor contract.

And the appointment book basically has the above 7 essential provisions, and Xiao Wang has been working in the company to receive wages.

The term of appointment is clearly specified in the appointment book, the duties, contents and treatment of the employed personnel.

Therefore, the employment contract should be regarded as a labor contract.