Pay Attention To The Relationship Between Constitution And Labourers

In the fourth Plenary Session of the 18th CPC Central Committee, the party clearly pointed out that adhering to the rule of law must first uphold the rule of constitution. In China's first constitutional day, it is also the Fourteenth National Legal Publicity Day. In order to carry forward the spirit of the Constitution and tell the relationship between the Constitution and ordinary laborers, uncle Niu, a migrant worker in Beijing, tells about his work experience, though it is tortuous, but because of the protection of the Constitution and relevant labor laws and regulations, his labor rights and interests have been maintained.

1. job application: after Beijing, everything is new to Uncle cow, but what he cares most is to find a job quickly. At this time, he saw a job advertisement: our company intends to recruit two staff members, 985 graduates from universities, men, 1.75 meters above the height, registered permanent residence in the city, and health. Only a junior high school degree, only 1.72 meters tall, uncle Niu did not dare to see second more.

Relevant laws: the Constitution stipulates that citizens are equal before the law. Women enjoy equal rights with men in all aspects of politics, economy, culture, society and family life. The Employment Promotion Law stipulates that workers enjoy equal employment rights and independent employment rights according to law. Workers are not discriminated against because of ethnic, racial, gender, religious beliefs and so on.

2. entry post: finally, uncle Niu found a job. The boss told him: "the task is to look at the front door, to hand in the ID card before entering the office, to pay 1000 yuan deposit; one year's probation period, to do a good job of signing a contract, not doing well, leaving..."

Related laws: the labor contract law stipulates that employing units shall not detain resident identity cards and other documents, nor require workers to provide guarantees or to collect property from workers in other names. The longest probation period should not exceed 6 months. To establish a labor relationship, a written labor contract shall be concluded within 1 months from the date of the employment of the employee, and a double written wage shall be paid if the written labor contract is not signed in time.

3. rest and leave: a year later, uncle Niu turned right. Company owner: "now the hands are not enough, you switch from three shifts a day to two shifts a day, that is, 12 hours a day, and weekends and holidays still go to work as usual."

Relevant laws: the Constitution stipulates that workers have the right to rest, and the state stipulates the working time and vacation system of workers. The labor law stipulates that workers do not work for more than 8 hours a day, averaging no more than 40 hours per week. Due to the need for production and operation, it can be extended after consultation with trade unions and workers. Working hours Generally, no more than 1 hours per day. For special reasons, it is not allowed to exceed 3 hours per day, and no more than 36 hours per month.

Four Wages and salaries Because more than 4 hours of work a day, uncle Niu's salary increased by 1/2, surpassing the minimum wage standard of Beijing.

Relevant laws: labour law "Stipulates that the State implements the minimum wage guarantee system. The wages paid by the employer shall not be lower than the local minimum wage standard.

The labor contract law stipulates that the employer should strictly enforce the labor quota standard, and shall not force or disguise the force to work overtime. If an employer arranges overtime work, he shall pay overtime wages to laborers in accordance with relevant state regulations. According to the overtime situation, the unit should pay normal wages ranging from 150% to 300%.