Comments On Some Provisions Of The Beijing Labor Contract

< p > the municipal legislative affairs office consulted the public on the provisions of the Beijing labor contract.

According to the regulations, a labor contract is not signed with a worker within one year, and the unit should pay two times the wage. If the contract is not signed for a year, it will be deemed to be an unfixed labor contract with the laborer.

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< p > the provisions are highly operational. It is clear that the employer has not signed the "a href=" http://www.91se91.com/news/index_c.asp "> the labor contract < /a > the standard of handling double wages, the initial time of probation, and the limitation of the employer's negligence in relieving the labor contract.

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< p > < strong > < a > href= > http://www.91se91.com/news/index_c.asp > > employee information > /a > unit should be kept confidential < /strong > /p >

< p > < < Regulations > requires employers to truthfully inform workers of their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other conditions related to their work.

At the same time, laborers should, in accordance with the recruitment requirements of employers, provide truthful proof of their identity, qualifications, vocational skills, employment status, work experience and their occupational health status.

The employing unit shall keep confidential the personal information of the laborers, and shall not disclose their personal information without the consent of the laborers in addition to the contents disclosed according to law.

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< p > there is a major change in the objective situation based on the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled. If the employer requests a change of the labor contract, he shall notify the worker in writing of the change.

Workers should reply within 15 days.

If a person fails to reply, he or she considers that he does not agree to change the labor contract, the employer may rescind the labor contract.

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< p > < strong > there should be no fixed term contract < /strong > < /p >.

< p > < < a href= > http://www.91se91.com/news/index_c.asp > < < /a > > put forward to protect special groups.

For example, the national and Beijing model workers and advanced workers; the national "May 1" labor medal recipients; the demobilization or demobilization of military personnel for the first time, the unit must sign an unfixed term contract with these workers.

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< p > in addition, the regulations also require units not to terminate the labor contracts of special groups in accordance with the relevant provisions of the labor contract law, including those who are recruited into the armed forces, who are in the service of compulsory military service, and those who have resettlement for three years after demobilization or demobilization.

These two types of workers are unable to engage in the original work even if they are sick or injured by non work, or after training or adjustment of jobs, they are still not competent.

When the enterprises need to lay off because of business difficulties and other reasons, these two categories of workers are not in the scope of reduction.

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< p > < strong > probationary period from the date of self employment, < /strong > < /p >.

< p > the employer shall establish labor relations with the laborers from the date of their own employment, and the employing units shall provide labor conditions and labor protection conditions, pay labor remuneration, pay social insurance premiums, and bear corresponding civil liabilities.

In order to ensure the timely signing of a labor contract with the laborers, the regulation clearly states that the employer fails to conclude a labor contract with the laborers on the day before the date of full employment from one day to the first full year, and shall pay two times the wage in accordance with the provisions of the labor contract law.

If a labor contract has not been written for a full year, it is deemed that the unit has already entered into an unfixed term labor contract with the laborer, and no more than two times the wage will be paid from the day of the year of self satisfaction. The employer should make a written labor contract with the laborer.

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< p > the probation period stipulated in the labor contract shall be calculated from the date of the owner's employment.

The time when the employer fails to conclude a labor contract with the employee from the date of his employment shall be folded to a probationary period, and the time when the labor contract has not been exceeded is within the probationary period prescribed by the labor contract law, the employer shall not agree to the probation period again.

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< p > at the same time, the human resources and social security department shall order the unit to sign the contract with the laborers in a timely manner, and if it fails to change the overdue period, it may impose a fine of more than 1000 yuan and 5000 yuan per person in accordance with the number of labor contracts that have not been signed.

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< p > < strong > cancellation notice 30 days ahead of time, written notice < /strong > < /p >

< p > when the employer chooses to pay extra laborers for a month's wages to terminate the labor contract, the wages of the workers who work normally in the previous month shall be the standard, but they must not be lower than the minimum wage standards of the municipality.

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< p > in addition, the regulation also requires that the employer should notify the worker in writing of the intention to terminate or renew the labor contract thirty days before the expiration of the labor contract.

If an employer fails to notify workers in advance to terminate the labor contract, it shall take the average wage of the laborers on the last day as the standard, and each delay notice for one day to pay the compensation for one day's wages.

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< p > legislative background < /p >

< p > the responsible person of the municipal legislative affairs office said in an interview with reporters yesterday that the labor contract law has been promulgated for six years, and all sectors of society have always paid close attention to the local legislation.

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"It has given new rights and obligations to both sides of labor relations, but there are still some gaps in the regulations, such as the standard of double pay for the employer not signing the contract. After more than one year, it is deemed that the labor contract has been paid twice as much as the employee has signed for a fixed term labor contract. The individual provisions are not enough. If the labor contract law stipulates that labor contracts can not be concluded within one month from the date of the employment contract, part of the employers will sign a labor contract with the workers after a month's employment, and then extend the probation period in disguised form. There are still some provisions which are relatively general and lack of operability. For example, the standard for the termination of the labor contract or the termination of payment of economic compensation before 2008 should not be clearly defined. < p > labor contract law

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< p > 2010 to 2013, the municipal legislative affairs office held more than 20 demonstration sessions, and widely solicited the opinions of the district and County Social Security Bureau, the Municipal Federation of trade unions, the Municipal Intermediate People's court, the institutions of higher learning, and the Municipal Law Association, and constantly revised and perfected, so as to form some of the current provisions of the Beijing labor contract (Draft).

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