On The Eve Of The Implementation Of The New Labor Law

Enterprises should take measures to deal with the first recruit of new labor law, extend the term of labor contract and avoid signing third contracts. Among the over 1000 employees of a shoe factory in Houjie Town, Dongguan, five hundred or six hundred employees have worked for more than 3 years, and their labor contracts have been signed for two years.

This part of the labor contract how to sign, let the factory most headache.

The manufacturers said they may ask them to sign for six or seven years at a time, and avoid signing third contracts as much as possible, thus bringing about the pressure to sign non fixed term labor contracts.

Chang Kai: the major task of the labor contract law is to prevent contracts from being short term and signing labor contracts frequently.

It is good news for labourers to have a fixed term labor contract, but it is good news for workers, but it is not "straw"; for individuals, it is necessary to work conscientiously and reflect values so as to ensure the stability of contracts.

There is no difference between the dismissal term and the fixed term labor contract of the non fixed term labor contract.

What enterprises need is to study and observe the labor contract law, not the so-called "evasion".

The second recruit, recruit less workers, and reduce the scale of factories. Zhong general, a plastics foreign trade company, said that his company will adopt "narrow the factory" and "reduce staff".

"Staff as far as possible, rather than some orders do not do!"

A person in charge of a factory in Huang Jiang, Dongguan, said that the factory will not increase the number of workers. Even if someone resigns, the factory will not recruit people as long as it does not affect production.

Chang Kai: in the future, an enterprise does not sign a labor contract within a month. It needs to pay two times the wages. The illegal rescission of the contract requires payment of one month's salary and compensation for two months' wages.

Enterprises will pay a higher price if they do not obey the law.

This not only sanction the offenders, but also mobilizes the enthusiasm of workers to safeguard their rights.

Enterprises can lay off workers, but they can not lay off workers illegally.

Enterprises can lay off workers, but they can not lay off workers illegally.

If there are large-scale layoffs, it can only prove that its original employment mechanism is very unreasonable.

The third recruit qualification examination should be written into the new factory regulations. The director of the human resources department of a shoe factory in Dongguan introduced that the regulations on factory regulations and related penalties before the establishment did not conform to the labor contract law. Therefore, the factory rules and regulations will be amended after public notice.

"Qualification review should be written into the new factory rules. In the future, the recruiter will not rule out the qualification of the person through some channels."

He told reporters that this is mainly because, in accordance with the labor contract law, if a company recruits employees with previous conviction, they need to bear joint and several liability.

Labor Department: this kind of consideration can not be excessive.

The law does not specify whether an enterprise can conduct relevant qualification examination for its employees in the past.

That is to say, the law does not say yes, nor does it say no.

Therefore, the key is whether workers can accept and see how they perceive it.

The fourth way is to minimize the fixed wage, bonus and overtime pay. The company also has doubts: if you sign a person for one year, after a month's trial, it turns out that he is simply not competent, that is, the company has recruited a person, and if the company terminates the contract with him, it will have to pay the compensation.

After consulting, he decided to reduce the fixed wages of the employees as far as possible, while others use bonus and other names.

Once the employees have to pay the compensation, they only need to pay according to the fixed wages, and the amount of compensation will be reduced.

Chang Kai: the treatment of labor can not be unilaterally formulated by enterprises, and must be within the standards set by the state.

The fifth way is to sign the contract according to the amount of work done. The construction industry has a large mobility. A staff member of a certain enterprise said that the subcontractor may use the quantity to sign a labor contract to deal with the new law. For example, a project duration is half a year, and it is signed in half a year, and the labor remuneration is stipulated.

Labor Department: the labor contract signing rate in the construction industry has not been ideal.

According to the labor contract law, labor contracts can be concluded as a deadline for completing certain tasks. Enterprises are also willing to sign contracts according to their workload.

Cracking down on wage arrears in the construction industry is one of the key tasks at the end of the year. If there is a situation of arrears of wages, workers can report at any time.

The sixth recruit increased the number of dispatched workers, and some enterprises changed temporary workers into labor dispatch forms.

"Communication, financial enterprises, local enterprises in Foshan and foreign-funded enterprises and so on, employing more labor dispatch, and Foshan labor dispatching workers are increasing every year."

A person responsible for launching a labor dispatch business in Foshan revealed.

He stressed that labor dispatch is lawful only if it is operated according to the law.

Job seekers also hope to obtain employment opportunities through various legal channels.

Labor Department: the new law has a significant impact on the labor dispatch system. The labor dispatch of enterprises is not a whole matter, involving labor disputes related to labor dispatch, and both the sending party and the employer must bear legal liability.

Personally, the use of such employment system for laborers is a form of "killing the goose that lays the golden eggs".

When the workers' golden age was used up, they were mercilessly kicked out of the market.

The overwhelming majority of workers can not get unfixed term contracts and get stable work, which has become an obstacle to social stability and social harmony. This is an important issue that can not be ignored in China's labor contract legislation.