What Illegal Labor Contracts Do You Need To Pay Attention To?

Found that some enterprises and workers signed Labor contract It violates the laws and regulations of the state and seriously infringes upon the labourers. Legitimate rights and interests 。 This phenomenon is more prominent in township enterprises and private enterprises.

These ones here Illegal There are mainly several forms of labor contracts: "one-sided contracts". Some enterprises, especially township enterprises, private enterprises and individual industrial and commercial households, do not publicize the relevant rights, obligations and labor contract contents of the labor law before signing contracts with workers, nor do they negotiate with the laborers on the relevant provisions of the labor contract. They unilaterally start from the interests of the enterprises, and seriously violate the principle of equality and voluntariness and consensus, which should be followed in the conclusion of the labor contract, and formulate "one-sided contracts". They only stipulate and emphasize the obligations of the workers and the rights of the employing units in the contract, while the provisions on the employer's obligations and the rights and interests of the laborers are few and even empty.

The contract of life and death is characterized by the fact that the provisions concerning diseases, injuries, disability and death in labor insurance provisions do not conform to the provisions of the state social insurance. In the event of such a situation, the enterprises will compensate the workers for a one-time payment at a lower amount, the amount of compensation they pay is far lower than the medical expenses, or the enterprise will pay the workers' labor insurance expenses in the form of daily wages or daily subsidies. If the workers are sick, injured, disabled or dead, the medical expenses will not be paid. The signing of this "life and death contract" is mainly for construction enterprises and private enterprises. These enterprises are poor in terms of labor protection, inadequate facilities, safety and health, do not carry out national standards, and pursue profits instead of investing in labor protection and safety and hygiene.

The "guarantee contract" is specifically manifested in the fact that in order to ensure that the laborers perform their obligations, some employers have to issue a letter of guarantee to each worker when signing a labor contract with the laborer, and the employer shall put some unreasonable requirements into the guarantee letter and attach to the labor contract to restrict the labourers. In fact, an enterprise turns a labor contract into a "guarantee contract". If a worker breaks a contract, he will be punished according to the content of the guarantee and the "local policy" of the unit.

"Counterfeiting contract" some units, especially construction enterprises, business services and other employing units, signed two true and false contracts with laborers. The "false contract" is signed according to the requirements of the labor department, and is used for checking the relevant departments. The "real contract" is a non-standard or illegal contract signed with the workers according to the wishes of the employer, which is used to restrain the labourers. "Real contract" is only in the hands of employers, and it is difficult for relevant departments to discover the mystery, so it has greater deception.

Some units that employ foreign labor personnel are afraid of "job hopping". When signing labor contracts with laborers, they will use their ID cards and cash as collateral or even detain their usual welfare benefits or wages. If a worker breaks a contract, he will detain the mortgaged property and seriously infringe upon the legitimate rights and interests of the laborers.

In addition, there are also some illegal problems in terms of labor contracts, such as labor remuneration, working hours, rest breaks, employee benefits and insurance, safety and health, and labor protection.