White-Collar Elegance Rejects "Overlord Clause"

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In China, because the labor contract is not like the economic contract, there is a unified model text of the whole city. When the company signs the contract with the laborer, the initiative of the two sides is asymmetrical in most cases, and the company can only sign the labourer before signing the contract.

For this kind of labor contract,

"Labor and social security departments should use" heavy punches "to stop them.

      [案例]

At a large talent recruitment conference, the young woman expressed her intention to apply for a job in a well-known foreign trade company in Shanghai.

However, what the little word did not think was that the person in charge of the company actually asked the applicant to "not be pregnant for 5 years" and stated that if the applicant disagreed, the company would not consider hiring.

because

Eager, small words had to be against promises.

In order to prevent oral argument, the company added the above terms in the labor contract signed by both parties.

      [分析]

This is a typical example.

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"It has long been clear that employers have no right to dismiss female workers or unilaterally terminate their labor contracts on the grounds of pregnancy, maternity leave, breastfeeding, etc.

Violation of the provisions of the agreement of the law, even if the parties "voluntarily" made, do not have legal effect.

In daily life, there are many kinds of King terms such as "infertility Protocol".

Generally speaking, the parties to an economic contract may agree to pay a deposit to the other party as a guarantee for the creditor's rights.

However, the labor law stipulates that when employing units conclude labor contracts with laborers, they must not collect deposits, deposits or mortgages in any form.

In addition, according to the relevant regulations, employers will not be allowed to charge intermediary fees, registration fees and so on.

"Work injury self care" clause, some employers and workers agreed that "the injured party is not responsible for the death of the employee," and signed the so-called "life and death contract".

Labor protection for laborers has been expressly stipulated in our constitution. This is the right enjoyed by laborers. No individual or organization can arbitrarily infringe upon it.

The term "overtime pay no pay" stipulates that overtime wages are included in the wages. According to the relevant provisions of the labor law and the regulations of the State Council on the working hours of workers, the current standard working hour system in China is 8 hours per day and 40 hours per week.

In accordance with the above standard working hours system, the wage payers shall be paid according to the above standard working hours system, and the employing units that implement the time wage system shall arrange for workers to work outside the statutory standard working hours according to actual needs. They shall pay overtime wages according to the relevant policies and regulations instead of being included in standard wages.

The term "penalty for breach of contract" means arbitrarily stipulated liquidated damages to restrict the legitimate resignation of workers.

Such a clause that requires workers to bear liability for breach of contract will aggravate the economic burden of laborers and even result in labor in vain.

The Shanghai labor contract Ordinance stipulates that the penalty for breach of contract in a labor contract is only limited to two situations in violation of the terms of the service period and the violation of the Convention of conservative commercial secrets.

The agreed period of service is limited to those who employ, train or offer other special treatment, such as those who contribute to the purchase of housing.

In addition, the penalty for breach of contract can not be stipulated in the labor contract.

"Labor contract"

"Far more than the above, in addition, there are" free trial period ", the agreement is lower than the minimum wage wage standards, no social insurance premiums, etc., are violations of the law, it seriously infringed on the legitimate rights and interests of workers, once triggered labor disputes, the employer will be in a disadvantageous position, by then, the employer can not only evade the responsibility that should be borne, but also may be punished more severely.

Editor: vivi