Do Not Look Down On &Nbsp By Hiring Notice; It May Become A Dispute Point.

Most enterprises, after signing labor contracts with laborers, have issued

To this end, the elite network of Elite Tennis Union held a theme salon entitled "terminating, relieving labor contracts, reasons and procedures can not be ignored", invited the chief lecturer of Beijing Shou an Human Resources Service Co., Ltd. relaxation, for the HR of garment industry to explain in detail the relevant knowledge of the book.

Who is the key to the employment notice and the labor contract?

Lawyer Zhang pointed out that when the contents of the labor contract and the employment notice were not consistent or conflicting, the problem of effectiveness was generated.

One case is that after the employment contract comes from the employment notice, the labor contract agreement is different from the content of the employment notice. It should be regarded as a new agreement between the employer and the employee on the same issue. At this time, the validity of the terms of the labor contract is higher than that of the employment notice.

In another case, the content of the employment notice does not appear in the labor contract.

According to Zhang, under such circumstances, it is not entirely possible to determine who is more effective based on the time of agreement formation, but whether the employment notice is valid after the signing of the labor contract.

If the employer does not specify the validity period of the employment notice, this part will remain valid after the signing of the labor contract.

On the contrary, if the employer fails to invalidate the notice of employment from the date of signing the labor contract, or if the content of the labor contract is permitted, the content not embodied in the labor contract will no longer have legal effect.

The acceptance notice can not replace the labor contract.

Zhang stressed that the employment notice and the labor contract could not be substituted for each other. In the recruitment and hiring process, the employment notice played different roles with the labor contract.

The employment notice is a unilateral declaration of intent that the employer wants to establish labor relations, and the labor contract is a legal document proving the establishment of labor relations between the employer and the laborer. The two party can not replace each other.

He told a real case to HR at the scene: a company decided to hire a clerk and hired a new graduate after the interview.

After receiving notice, Zhou went to the company for entry procedures, and the two sides did not sign a formal labor contract.

A year later, the company's performance declined and wanted to lay off workers.

When the labor contract was terminated by consultation, Zhou suggested that the company had not signed a written labor contract with her, and should pay her double wages during the service period according to the labor contract law.

The company believes that the content and effect of the employment notice can replace the labor contract without paying twice the wages of Zhou.

The employer's notice of employment is not exempt from the legal obligation of the employer to sign a written labor contract.

Therefore, employers should pay double wages to Zhou according to the eighty-second provision of the labor contract law.

Zhang stressed to the HR at the scene that the employer issued an employment notice to the laborers, and should sign a formal labor contract with the laborers within one month after the employee has been recruited.

After the labor contract is signed, the employer may choose to invalidation the employment notice, or use it as an annex to the labor contract and continue to be effective. When the two parties agree not to agree, the labor contract agreement shall be used as the basis for fulfilling labor rights and obligations.