How Do I Protect My Rights?

     朝陽區李小姐問：我是1999年6月本科畢業留京工作的，戶口落在一民營企業的集體戶中（但戶口非工作單位解決），2001年2月，我申請辭職準備考研，單位批準，于是我想把檔案放在人才服務中心，但人才服務中心說不收辭職人員的檔案，應放街道。那幺，為什幺不收辭職人員？像我這樣無固定居所的租房人員，又該歸哪個街道管？放街道對我的“三險”、公積金、工齡等有何影響？ 

In addition, although my account is in Beijing, my ID card is in the field. Can I take the identity card to save it?

In addition, during the work period, the unit signed the "quasi employee contract". Since July 1999, the work has not been turned to me, so has it been employed but not formally pferred to employees?

Is this quasi employee system a "probationary period" in disguise?

     我如何保護自己的權利？ 

The problems encountered by this friend are universal in those who work in Beijing.

A few of these problems are adjusted by national laws and regulations, and more are regulated by local regulations and national policies.

State policy is what we usually call red tape.

Such documents are usually not published in newspapers, so it is unavoidable to deal with such problems without knowing how to deal with them.

     戶口：人戶分離，趨利避弊 

In the graduates who are staying in Beijing, if they are employed by the units with Beijing guidelines, the graduates' accounts will usually fall back in the collective households of the units. But if the graduates give up the employment arrangements for the units, the graduates can only settle the settlement problem with the units through consultation.

Because in accordance with the provisions of the state household registration management, the premise is to have housing, whether it is owned by individuals, or legally rented in the name of individuals.

In view of this friend's situation, I suggest that you consult with the original unit before the new unit accepts, the account will remain in the collective unit of the original unit.

     檔案：續存轉放看仔細 

At present, in addition to the receipt and storage of personal files by the working units, the personnel flow service organizations under the personnel department, the employment agencies approved by the labor department and the labor departments of the streets (towns) have the functions of receiving, registering and managing archives.

In practice, both personnel and job agencies can accept the registration, registration and management of archives through the entrustment of employers or individuals.

These two organizations can also handle social insurance matters.

The archival relationship has not been dealt with in the period of storage, and the file is pferred from the job agency to the Labor Department of the street (town) where the account is located.

After the interruption of labor relations between individuals and employers, we become unemployed workers, including voluntary unemployment and involuntary unemployment.

After the employer terminates the labor relationship with the employee, the employer must file the pfer procedure within 15 days to the Labor Department of the district where the unemployed person is in the place where he or she is registered.

After the employer terminates labor relations with the employees and fails to handle the pfer procedures within the prescribed time limit, it shall be ordered by the municipal, district and County Labor Bureau to make corrections immediately according to the regulations of the Beijing Municipality on the unemployment insurance for employees of enterprises, with a fine of 10 yuan per day for the overdue period, until the pfer procedure is completed.

     合同和保險：前因后果別含糊 

The labor contract signed between the employer and the employee, whatever the name is, such as: temporary employment contract, quasi employee contract, etc., are all labor contracts, which are all adjusted by the labor law.

In the labor law, there is no difference between prospective employees and employees, nor is there any difference between temporary employment and formal workers.

In the employing units, the rights enjoyed by all kinds of workers are the same, specifically involving wages, posts and contract terms.

Since there is no difference, there is no problem of correction.

In accordance with the provisions of the labor law, a person who has signed a labor contract with a employing unit or has no contract has formed a de facto labor relationship, and the employing unit should pay social insurance for the individual.

If the employer fails to handle social insurance for individuals, the individual shall, within 60 days from the date of knowing or knowing that his rights are infringed, submit labor arbitration to the labor arbitration commission and request the employer to make social insurance.

In practice, some employers signed labor contracts with individuals, but they did not allow individuals to hold them, or deliberately delayed signing labor contracts with individuals.

In such a case, individuals may report to the labor administrative supervision departments at the district (county) level at the location of the units, and the labor administrative supervision departments shall investigate and deal with them according to law.

     身份證：“新”“舊”　隨戶籍，換領須及時 

In accordance with the provisions of the detailed rules for the implementation of the resident identity card Ordinance, when the location of a citizen's household registration is changed, a new resident identity card should be exchanged for the registration of residence registration at the place of immigration.

The household registration organ shall issue a new identity card within 3 months after accepting the citizen's exchange of identity cards, so at the same time, when handling the settlement, the registration card should be processed.

This friend, regardless of the reason why the account and identity card do not agree, should register the new residence identity card as soon as possible. Otherwise, the longer the time goes, the more difficult it will be to solve the problem.

     見習轉正：天經地義 

In accordance with the relevant policies of the state personnel department, the probation period is prescribed for graduates from all secondary and technical schools in the national plan. This is a provision in the personnel cadre system of our country.

After the expiration of the probation period, those who are in line with the conditions for the conversion of the probation will be turned to be cadres after the necessary procedures have been fulfilled.

When the employment unit of a graduate is not the same unit as the one who provides the stay in Beijing, the employment unit often overlooks the problem of the probation of the graduating student. Therefore, it is necessary for the graduates to find employment units or file units in time and complete the necessary procedures after the expiration of the probation.

      在我國的人事管理制度中，許多計劃經濟下的人事管理模式仍在延用，在此我們不過多地加以評判，但有一點，作為留京的畢業生，適當了解一些人事方面的國家政策，對維護個人的權益是有幫助的。與其事后煩惱，不如事前明了，在人事爭議尚未納入司法程序的今天尤為重要。