Tips For Concluding Labor Contracts

Employment is a problem everyone is facing.

With the improvement of the state legal system, the establishment of labor relations between employers and workers is required.

The so-called labor contract is a kind of contract, which is a consensus between the two parties, and is also further clarified and refined for the labor laws and regulations.

The labor contract is a weapon that constrains the labor and capital sides to fulfill their labor rights and obligations faithfully and comprehensively, and is also one of the main bases for solving labor disputes.

Therefore, the signing of a clear, complete, legitimate and reasonable labor contract is very important for workers and employers.

Next, the author introduces some experience and skills from the angle of practical operation.

Review restrictive provisions

Because employers are in a more advantageous position in the employment relationship, they usually make use of this advantage in signing labor contracts, and make some unreasonable format clauses to force laborers to accept, such as unreasonable service years, harsh labor discipline and so on.

These Provisions, one sidedly strengthening the obligations of laborers, restricting the personal freedom of workers and avoiding the responsibilities of employers, are directly related to the vital interests of workers.

In practice, such restrictive clauses are mainly harmful to the exercise of the main rights that affect the personal, economic, rest and vacation of laborers, and at the same time, are also one of the main causes of labor disputes. Therefore, laborers should pay close attention to reviewing and comparing relevant provisions in signing contracts, fully understand the true meaning of such clauses, and dissenting the unreasonable or even illegal parts, so as to avoid future losses.

Because some of these provisions do not necessarily violate the laws and regulations of labor, but only one side of the laborers is quite unfavourable. In case of litigation, workers can not claim ineffective, they can only bear their own bitter fruit.

Labor disputes caused by probationary period are also common.

The law has more specific provisions for the probation period, for instance, the probation period should be included in the labor period, and the social insurance should be included in the probation period. The longest period of probation period should not exceed 6 months. The probationary period should not exceed 60 days when the contract period is above 1 years and 2 years. The probationary period should not exceed 30 days if the contract period is above 6 months or less than 1 years, and the probation period should not exceed 15 days after the contract period is less than 6 months.

However, because most workers are not familiar with labor laws and regulations, some employers have signed illegal trial contracts, or have agreed too long probation periods in labor contracts, which directly violated the legitimate rights and interests of workers.

The probationary period involves wages, economic compensation, training fees and the flow of workers themselves.

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Review of job and place terms

In practice, many labor dispute cases are caused by the unclear stipulations of the work contract and work place in the labor contract.

Strictly speaking, this is a category of labor conditions. What kind of job and location the employer provides will directly affect the performance of the labor contract.

Therefore, some employers take advantage of this loophole and deliberately do not write jobs and places into labor contracts, so as to achieve the purpose of changing jobs, work contents and work places at any time and at any time, and expand the management rights of the employing units indefinitely.

In such cases, the laborers are often very passive, and even have no way to change the content of the contract unilaterally and deliberately make difficulties, so they have to resign voluntarily.

Therefore, it is suggested that when signing a labor contract, the position and location should be clearly defined.

In addition to the legal liability stipulated in the labor law, breach of contract is usually constrain through breach of contract provisions in the labor contract.

Therefore, the clause of liability in breach of labor contract in labor contract is very important, which can directly determine the consequences of liability.

There are 3 main types of liquidated damages in practice: early rescission of contract damages, breach of contract for breach of training agreement, and breach of contract and default.

Under normal circumstances, the relevant provisions in the labor contract should include a clear agreement on the circumstances of breach of contract, the scope of compensation, the way of punishment, the calculation method of liquidated damages, the amount of liquidated damages, and so on, so that it is not easy to cause disputes.

For labourers, when signing a labor contract in employment, we must pay attention to whether the liability for breach of contract is lawful and fair, and combine with their own economic bearing capacity to avoid being unable to bear huge damages in the future. For employers, we should also pay attention to avoiding excessive or too low compensation for breach of contract.

Such provisions relate to the economic rights of labourers.

The amount of wages in the labor contract is not only the base of overtime pay, but also the basis for calculating economic compensation and living allowance, and its importance is self-evident.

Therefore, when the amount of wages is agreed, we should strive to write the amount clearly, so as not to be unable to give evidence in arbitration and litigation, resulting in the loss of rights and interests.

The year-end bonus, travel allowance, traffic reimbursement and so on are not mandatory by law, so the laborers should make explicit stipulates in the labor contract and do not believe in oral promises, otherwise, they will often be in a passive position when they lead to disputes.

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Examination of commercial secrets and prohibition clauses

At present, more and more employers begin to attach importance to the protection of trade secrets, and require confidentiality clauses and competition restrictions when hiring key personnel.

Such terms mean to workers, increasing their obligations, which may limit the freedom of employment and development space.

It should be noted that once a worker violates, it involves not only the responsibilities of labor law, but also the responsibilities of civil law and criminal law.

Therefore, when signing such provisions, workers must consider carefully.

With regard to confidentiality provisions, laborers should examine the contents of confidentiality, confidentiality, confidentiality and divulge liability.

With regard to the articles of competition restriction, laborers should examine the contents of compensation for prohibition, length and scope of prohibition, liability for breach of contract and calculation method of liquidated damages.

For the author's daily contact, the compensation fee is generally not less than 50% of my original salary, and the length of prohibition is generally less than 3 years.

Although employers have the obligation to train and improve the skills of workers, but because of the loss of resources caused by employee turnover, many units stipulate that training is not free, and it is also necessary to introduce workers' compensation for labor training in advance.

In recent years, there are more and more cases of compensation for training fees due to employees' job hopping. Due to the fact that employers have training clauses or labor contracts, they are eventually required to pay training fees.

The key to reviewing the training terms is the contents of training, the period of service, the amount of training fees and the way of compensation calculation.

In this regard, the workers can refer to the provisions of the original Ministry of labor: "if the probationary period expires, the employer can request the laborers to pay the training fee in the contract period. The specific payment method is: the agreed service period, according to the service period, and so on, will be reduced by the service period that the employee has fulfilled; if the service period is not stipulated, the amount of the contribution is equal to the labor contract period, and the contract period will be reduced by the employee; if the contract period is not stipulated, the contribution amount will be reduced according to the 5 year service period, and the payment will be reduced by the service period that the employee has fulfilled; the two parties have agreed on the agreed way of the diminishing calculation.

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The above experience and skills are more important when signing labor contracts, and other related work hours, social insurance, rest and vacation and labor protection. Because of the relatively clear mandatory provisions of laws and regulations, there is no need to spend too much time to think about it.

In short, signing a labor contract is not a trivial matter. We should understand some provisions of the labor law. We should not be careless when negotiating and signing labor contract provisions. Otherwise, if labor disputes occur, it will be easy to lose.

Employers should be more careful when signing contracts with "blank contracts" or deliberately not signing labor contracts.