Understand Labor Laws And Regulations, Grasp Your Rights And Interests And Future.

< p > a document, a signature, determine your rights and interests and future.

It is not just college students. Maybe someone has worked for more than ten years, or even decades, and has not yet made clear the problem of < a href= "http://www.91se91.com/news/index_q.asp > < < /a > >: 1, the unit of probation period is not allowed to terminate the labor contract at will, 2, the prohibition of business strife and the period of escape shall not be used for 3, and the resignation of employees does not need to be approved by the unit 4, and the procedure for rescinding work shall not be regarded as bargaining chip 5 or the provision of indemnity.

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< p > < strong > misunderstanding 1: the unit can release the labor contract at any time during the probation period < /strong > < /p >.

< p > many employers have such knowledge. Since it is a probationary period, both units and employees are free, employees can leave at any time, and units can leave you at any time.

The mistake of this understanding is that we do not realize that the freedom of trial period is limited. This restriction means that when the employer terminates the labor contract during the probation period, it is necessary to prove that the laborer does not conform to the employment conditions, and can not be released without any conditions at the same time as the laborer.

In practice, because most of the two sides of the contract do not specify the terms of employment, when the employer disputes the employment contract during the probation period, the employer often falls into the passive position because it is difficult to prove that the employee is not in line with the employment conditions.

Workers should also have a sober understanding so as not to damage their rights and interests.

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< p > < strong > misconception two: misuse of prohibition of business strife and the term of "/strong" > /p >

The misunderstanding of the application of "P" for the prohibition and the release period of the competition is that: one is the restriction of competition and the use of the deactivation period. The regulations stipulate that "the parties of the labor contract stipulate the limitation of the competition, and shall not renew the early notice period for the termination of the labor contract", that is, if and with the period of competition prohibition and decryption, the agreement of the deactivation period is invalid; two is an agreement on the restriction of the competition but not the corresponding compensation for the economic website, and it is invalid in the judicial practice of the lack of economic compensation agreement in the judicial practice.

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< p > < strong > misunderstanding three: the resignation of employees should be agreed or approved by the unit, otherwise it is a breach of contract < /strong > < /p >.

< p > the relevant law stipulates that unless there is an agreement between service period or expiration date, < a href= "http://www.91se91.com" > employee < /a > resignation, no employer's consent or approval is required.

A worker may resign at any time during the probation period or if the unit fails to pay labor remuneration or provide labor conditions according to the contract or fails to pay social security premiums in accordance with the law or force labor by means of violence, threats and other illegal restrictions on personal freedom.

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< p > < strong > misunderstanding four: take the procedure of dismissal as the right of the unit and use it as bargaining weight < /strong > /p >

Cases like P > can be seen everywhere: after the end of labor relations, employees are required to go through the formalities of dismissal, and enterprises are not using for the employees to handle the procedures for returning work as the means or bargaining weight, requiring the employees to pay liquidated damages or refund the training fees. Because the enterprises do not go through the procedures for returning the work, the employees can no longer get employment, and the employees require the enterprises to compensate for the loss of wages. Finally, the employees' claim for damages is supported by law.

The main reason for the employee's success is that the law stipulates that the enterprise should handle the dismissal procedure for the employee within 7 days after the termination or termination of the labor relationship. This is unconditional.

At the same time, the law stipulates that enterprises should pay compensation if they fail to deal with staff losses in time.

The failure of enterprises lies in the fact that enterprises have wrongly taken the statutory duty for employees to go back to work procedures as their right and bargaining weight for themselves.

This misunderstanding is very common, which should arouse the attention of enterprises.

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< p > < strong > misunderstanding five: indiscriminate compensation clause < /strong > /p >

< p > many employers in order to prevent employees from job hopping, in the labor contract between the two parties, if the employees breach the contract, how much is the compensation unit (fixed amount)? Is the agreement valid? The answer is not necessarily.

Because < a href= "http://www.91se91.com/news/index_s.asp > > compensation > /a > is not the same as liquidated damages, the liquidated damages are stipulated by both parties, and compensation is based on the principle of compensation for actual losses, that is, if you ask the other party to pay compensation, you must first prove that the other party has caused losses and losses to yourself. If this is not proved, even if there is such an agreement, the other party can not compensate.

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