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Interpretation Of Labor Law: Contract Expires Should Be Compensated

2008/12/2 10:52:00 42089

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When the labor contract expires, if the employer terminates the labor contract or the employer reduces the original contract, the employer shall give compensation to the employee when he proposes to terminate the contract.

Yesterday, pailan, deputy director of the labor and Social Security Bureau of Beijing Municipal Bureau of labor and social security, visited the city service management Radio, and made a detailed interpretation of some provisions of the labor contract law.

Question 1

Is it illegal to retain labor contracts?

After signing a labor contract, some units do not give the contract to the workers. Bai Lan said that according to the regulations, the labor contract must be returned to the laborers, employing units and workers.

According to the regulations, the employer should keep the labor contract text for at least two years after the employee leaves.

At the same time, the labor and social security department will establish a labor employment record system in the future, and standardize the signing and implementation of the labor contract.

Enterprises that seriously violate the labor contract law will expose the society to their bad records.

Question 2

How much is the compensation for leaving?

When the contract expires, should the company give the compensation?

Bai Lan explained that when the labor contract expires, if the employer terminates the labor contract, or if the employer reduces the original contractual treatment, the worker proposes to terminate the contract, and these two situations must be compensated.

For the compensation standard, the work is given a monthly salary per full year, and the time is calculated from January 1, 2008.

The amount of wages refers to the total amount of workers' pre tax income, not just the basic wage.

Editor: vivi