Labor Contract Rules And Regulations
Company recruitment
staff
There are two kinds of labor contracts to be signed, one is probationary labor contract and the other is formal labor contract.
How should the company's labor contract be formulated?
Labor contract rules and regulations:
One.
Standard
The labor contract management of the company promotes the performance of labor contracts in accordance with the law and protects the legitimate rights and interests of companies and employees. According to the labor law of the People's Republic of China and relevant laws and regulations, the system is formulated in combination with the actual situation of our company.
Two. Scope of application: all employees who work in the company and sign labor contracts with the company.
Three. Management
Duty
The company's labor and personnel staff are responsible for the labor contract management of the company. Its main responsibilities include:
1. conscientiously study and implement laws, regulations and policies concerning labor contracts.
2., the procedures for concluding, renewing, altering, terminating and terminating labor contracts shall be handled according to this system.
3., strengthen the basic work of labor contracts, implement dynamic management, and promote the standardization and standardization of labor contract management.
Four. Conclusion of labor contracts:
1. labor contracts shall be concluded in writing.
The company follows the principle of fairness and impartiality and provides the text of the labor contract.
There are two copies of the labor contract, one for each company and employee.
2. the right to know: in the process of contracting, employees can understand the company's rules and regulations, labor conditions, labor remuneration and other related labor situation; when recruiting, the company can understand the health status, education, professional knowledge and working skills of employees, and so on.
3. contract terms: according to the provisions of the labor law, the labor contract of the company has the following necessary terms:
(1) the term of the labor contract;
(2) work content;
(3) labor protection and working conditions;
(4) labor remuneration;
(5) work place;
(6) labor discipline;
(7) conditions for termination of the labor contract;
(8) responsibility for violating the labor contract.
(9) according to the actual situation of our company, we negotiate terms such as service period and conservative business secrets.
4. contract term: the term of labor contract of the company is one to three years. According to different positions and qualifications, the labor contract can be renewed by the two sides through consultation.
5. probation period: the company stipulate the probation period in the labor contract. The first month is the probation period when the one year contract starts to perform. The probation period is two months before the start of the two-year contract, and the probation period is three months before the start of the three year contract.
6. period of service: the company provides a few to several years' service period for the employees who enjoy the special treatment provided by the company, such as investment training or overseas treatment, housing allowance and other special treatment.
Employees should follow the principle of good faith and strictly abide by the term of service, otherwise they will be liable for breach of contract.
7., keep secrets: the company stipulate confidentiality liability for confidential technical information and business information.
For employees who have confidential corporate secrets, they should notify the company in writing six months in advance, if they want to terminate the labor contract, or they may not operate or compete for the company's competitive business within a certain period after the dissolution of the labor contract.
8. liquidated damages: employees who violate the service period and keep business secrets shall be liable for breach of contract.
The company will be liable for breach of contract in breach of contract.
In violation of the provisions of the service period, the penalty for breach of contract shall be reduced according to the value of the special treatment provided by the company. The breach of the confidentiality agreement shall be borne according to the prescribed amount of the agreed amount. However, if the liquidated damages are lower than the actual losses, the actual damages shall be compensated.
Five. Performance of labor contracts:
1. effective implementation: the labor contract takes effect from the date of signing the contract.
2. contract change: if a company and employee consider it necessary, they may, through consensus, modify, supplement or abolish part of the original labor contract in writing.
No party shall change arbitrarily. If negotiation fails, the labor contract shall continue to perform.
3. contract suspension: as a result of objective changes, due to statutory or agreed reasons, companies and employees may not undertake the contractual rights and obligations within a certain period of time. If the contract is terminated, the contract will expire.
4. dissolution of contract:
(1) negotiation dissolution: in the process of labor contract execution, both sides of the company and the staff consider that it is unnecessary to continue to perform the contract. No matter who is the first to lift the agreement, the labor contract can be terminated as long as an agreement is reached.
(2) company dissolution: the company can make a significant change due to the employee's non fault reasons (stopping medical treatment, being unable to do the job) and objective situation. The company can notify the employee to terminate the labor contract thirty days ahead of schedule, and may also terminate the labor contract at any time because of employee's negligence (which does not conform to the employment conditions and serious violation of discipline).
(3) employee termination: if the employee proposes to terminate the labor contract, he should notify the company thirty days in advance. During the probation period or when the company does violate the contract conditions and fails to fulfill the agreed conditions, it may terminate the labor contract at any time.
5. termination of contract: labor contract can be terminated if the labor contract expires, the principal qualification of the labor contract is lost or objectively impossible to fulfill the contract.
6. contract extension: according to the laws and regulations, the company shall not terminate the labor contract until the end of the labor contract, during the period of special protection for the employees (during the medical treatment period, the pregnancy period, the production period, and the period of lactation).
Six. Economic compensation and liability for breach of contract.
1. economic compensation: according to the relevant laws and regulations, the company gives financial compensation to the employees who terminate or terminate the labor contract.
(1) the company proposes and terminates the labor contract by consensus.
(2) the employee proposes to terminate the labor contract due to the company's violation.
(3) employees are still not competent after training or adjustment.
(4) employees cannot engage in the original work or work separately after stopping medical treatment.
(5) due to major changes in the company's objective situation (such as change of production, relocation, technological pformation, merger, separation, etc.), the original contract can not be fulfilled and it can not be changed by consensus, or the company needs to lay off workers in accordance with the law.
2. compensation standard:
(1) payment standard: in accordance with the employee's working life in the company, give every month the salary equivalent to one month's salary income. For the employees who still can not work normally after the end of the medical treatment, I will also give myself six months' medical allowance for the wage income.
(2) calculation standard: the monthly wage income of the compensation and medical subsidy is calculated according to the average wage income of the employee in the first twelve months before the termination of the labor contract.
3. legal liability: if the labor contract is invalid or partly invalid due to subjective fault, the party shall be liable for damages if it causes damage to the other party; if a violation of the labor contract is undertaken, it shall bear corresponding responsibilities and cause economic losses to the other party, and shall be liable for compensation.
4. labor disputes: Disputes between companies and employees due to differences in labor rights and obligations shall be settled through consultation, mediation, arbitration and litigation.
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