Six Major Risks Of Labor Contracts

< p > < strong > risk 1. play tricks a href= "http://www.91se91.com/news/index_c.asp" > signature > /a < /strong > /p >

Less than P, sun and Li filed a lawsuit against the A company for a year and asked A to pay twice the salary they did not sign the labor contract.

A said it had signed a labor contract with Sun Mou and Li duo, submitted two labor contracts to the court, and said that two people had not signed labor contracts with the company, but Li only had personal seals on the contract.

Sun and Li Mouer denied the authenticity of the signature and demanded identification.

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< p > risk: in order to urge employers and laborers to sign labor contracts, the labor contract law stipulates that the labor contract has not signed two times the wage system.

If A fails to prove that the contract is signed by two parties, it will bear the legal consequences of losing the lawsuit.

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< p >: the employer should standardize the contract < a href= "http://www.91se91.com/news/index_c.asp" > signing system < /a >, ensure that the contract is a true intention of both parties, take the form of signing on the spot or press the fingerprints, so as to avoid making a mistake. Because the work needs to be engraved to the laborer, it should be registered and registered in the relevant departments, and the signature confirmation work should be done at the time of issuance.

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< p > < strong > risk 2. is to avoid tax, sign Yin Yang > a href= "http://www.91se91.com/news/index_c.asp" > Contract < /a > /strong > /p >

< p > for tax avoidance and other factors, the monthly salary of Liu and B in the labor contract is 1400 yuan, but Liu's actual monthly salary is 5000 yuan, of which 1400 yuan is paid through the bank, and the remaining 3600 yuan is cash.

After the expiration of the contract, the B company demanded to continue to perform the contract with the standard of 1400 yuan per month in real wages, and Liu did not agree to renew the contract.

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P > risk: the amount of wages is directly related to the social insurance treatment of the workers and the compensation that can be obtained when the labor relations are relieved. In this case, Liu Mouru can not provide the evidence of another 3600 yuan income, and can only enjoy the corresponding social insurance treatment according to the salary standard of 1400 yuan, and can not obtain the economic compensation for the dissolution of labor relations.

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< p > indicates: signing labor contracts should be practical and realistic, abide by the principle of good faith and comply with the relevant provisions of the state.

If the worker has already signed the "yin yang contract", he should use the recording pen, mobile phone and other tools to collect the corresponding evidence, and timely negotiate with the employer to change the terms of the contract.

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< p > < strong > risk 3. pay social security does not depend on actual wage < /strong > /p >

< p > Zhang is the office clerk of C company. The labor contract is stipulated to work at irregular working hours. The monthly salary is 6000 yuan. C company pays the social insurance according to the lowest standard.

After industrial injury, the social security department told him that he could only enjoy the lowest standard of work-related injury insurance benefits.

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< p > risk: the irregular working system shall be examined and approved by the labor administrative department, and the working hours of labourers shall not be limited by fixed hours.

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Zhang P may not be able to enjoy normal leave and overtime pay after the two sides have agreed on irregular working hours.

If the employer fails to pay the social insurance for the worker in full, the worker may bear the difference between the actual wage and the payment base.

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< p >: if workers are not suitable for non standard working hours, workers may complain to the labor administrative department.

If the employer fails to pay the social insurance in full, the non agricultural household member may complain to the social security department, and the agricultural household member may sue the court for social insurance compensation.

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< p > < strong > risk 4.. Ignore the relationship. The income certificate is < /strong > < /p >.

< p > Wang's holding of a certificate of income from the D company has proved that the annual salary of Wang is 100 thousand yuan, and the Arbitration Commission has decided that the D company will pay a total of more than 20 yuan for the two times of the labor contract.

D said the proceeds prove that it is only for the convenience of Wang to handle the credit card, so it sued the court.

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< p > risk: after the workers have completed the proof of the existence of labor relations, the employer shall bear the burden of proof on matters such as salary payment records, social insurance contributions, and signing labor contracts.

Under the premise of Wang's submission of wage and income certificates, if D company fails to raise the facts and reasons enough to refute the income certificate, it will need to bear adverse legal consequences.

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< p > indicates that the handling of the case needs to be comprehensively identified in combination with specific circumstances.

The employer should adhere to the principle of seeking truth from facts when issuing income certificates. It is necessary to make exceptions for reasons of work. It is suggested that employers and workers should sign supplementary contracts.

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< p > < strong > risk 5.. After signing the contract, refuse to issue the contract text < /strong > < /p >.

< p > QIAN Mou is a migrant worker who comes to Beijing. Last year, he applied to work in E company. In June this year, he worked for a whole year.

It was not until the early August that the company never mentioned the signing of a labor contract, and he had several colleagues at the same time.

Not long ago, at the request of the staff, the company promised to sign the contract, but after signing it, it had not provided the contract text to Qian et al.

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< p > risk: the employer shall sign a labor contract with the laborer within one month from the date of his employment, otherwise he shall pay the laborer two times the salary of the labor contract monthly.

If the company's attachment of money to a labor contract is more than one year, the claim that the money does not sign two times the salary of the labor contract may exceed the time limit for arbitration and lose the right to sue.

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< p > indicates that the employer shall not detain the labor contract.

In view of the situation of attachment of labor contracts by employers, it is suggested that laborers report to the labor supervision team, and labor supervision departments can effectively relieve the burden of proof in arbitration and litigation process by investigating and collecting evidence.

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< p > < strong > risk 6. does not renew the contract but still continues to work < /strong > /p >

< p > Miss Zhang and F signed a two-year written labor contract from 2009 to 2011. After the contract expired, Miss Zhang continued to work in F company for two months.

Since then, Miss Zhang has applied to arbitration with the labor arbitration commission, asking F company to pay two times the salary of the labor contract during the two months' work after the contract expires.

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< p > risk: the labor contract law clearly stipulates that after a labor relationship is established, a written labor contract shall not be signed with the employee for more than a month, and the worker shall be paid double wages.

In this case, the two sides had signed a written labor contract, and F company did not sign a written labor contract with Miss Zhang after the contract expired. From the date of the expiration of the contract to the signing of the written labor contract, the company should pay two times the wages of the worker, but the longest payment will be 12 months.

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< p > indicates: if the contract is expired, if it is necessary to continue to employ, it should renew or re sign the written labor contract, otherwise it will also need to pay two times the salary.

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