• <abbr id="ck0wi"><source id="ck0wi"></source></abbr>
    <li id="ck0wi"></li>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li><button id="ck0wi"><input id="ck0wi"></input></button>
  • <abbr id="ck0wi"></abbr>
  • <li id="ck0wi"><dl id="ck0wi"></dl></li>
  • Home >

    Failure To Submit An Identity Card Is Not A Reason For Not Signing Contracts.

    2015/3/9 17:42:00 30

    Identity CardsContractsLabor Relations

    The eighth provision of the labor contract law stipulates: "when employing units to recruit laborers, they should truthfully inform workers of their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other circumstances that workers require to know." the employer should have the right to understand the basic situation of the workers directly related to the labor contract, and the workers should explain them faithfully. "

    For this clause, we can Labor relations There is a general understanding of the two sides' right to know. Generally speaking, the right of workers to understand the information of employers is extensive and extensive, and the right of employers to understand workers' information is restricted. The legal provisions are only limited to the basic situation directly related to labor contracts. These direct basic situations generally include: Workers' identity information, educational background and work history, physical health and so on. Combined with the case, employers have the right to require workers to provide identity related materials such as identity card or ID card number.

    First, the seventeenth provision of the labor contract law stipulates: "the labor contract shall have the following clauses:... (two) the name, address, identity card or other valid identification number of the worker; This means that the laborers have the obligation to cooperate and provide valid identity cards to the employing units. Encountered in practice Worker If you lose your identity card, you can always ask for other valid documents, because the legal identity document is not only restricted to the ID card, but also contains other documents and legal documents issued by the public security department. For example: passport, driving license, Hong Kong and Macau Pass, household registration, proof of residence and so on. Secondly, without legal documents, the employer has the right to terminate the contract. If the worker does not provide identity information, can the employer continue to use the laborer? In fact, there are clear provisions in the fourteenth article of the employment service and employment management regulations: "employing units should not have the following actions: (five) no legal application. ID Personnel;... " This means that the legal system does not advocate employing units to recruit persons without legal identity documents. Therefore, if a worker fails to provide legal identity documents within one month after the establishment of employment relationship, the employer can completely terminate the performance of the labor contract.

    According to the provisions of the labor contract law, the employer has the statutory obligation to sign a labor contract with the laborer, otherwise there will be a punitive liability for double pay. The content of labor contract is composed of many clauses. The identity information of laborers is one of the many terms signed by the labor contract. Even if the worker does not provide his identity information, the employer can ask the laborer to fill out his or her relevant information in the labor contract and sign it at the place where the labor contract is inscribed. Therefore, the worker does not provide identity information, which is not enough to cause the employer to sign a written labor contract with the laborer.

    The employer shall bear the burden of proof for the reason that the employer and the laborer fail to sign the labor contract. Although in the aforementioned cases, the employer assert that the employee has not submitted his identity card to the company after entering the office, resulting in the failure of both parties to sign a written labor contract, so that the responsibility for not signing the labor contract is in the laborer, so the employer must bear the burden of proof for his claim. If the employer has sufficient evidence to prove that the laborer has evade the signing of the labor contract, he may terminate the labor contract according to the law, instead of defusing the employee with no identity information.


    • Related reading

    Workplace "Female Man" Birth Rights Protection Strategy

    Pay attention to employees
    |
    2015/3/7 17:47:00
    14

    The Implementation Of The Provisional Regulations On Labor Dispatch Has Achieved Remarkable Results In One Year.

    Pay attention to employees
    |
    2015/3/6 13:23:00
    26

    CPPCC Members: Implementation Of Occupational Pension Investment Public Fund Pilot

    Pay attention to employees
    |
    2015/3/5 13:55:00
    19

    The Main Problems Of Labor Dispatching At Present

    Pay attention to employees
    |
    2015/3/4 20:06:00
    31

    Rising Wages In Kampuchea, Lower Competitiveness Of Products, Declining Clothing Orders

    Pay attention to employees
    |
    2015/3/1 21:34:00
    23
    Read the next article

    EXO And AOA Become SPAO Spokesmen Of Clothing And Clothing Brands.

    It is reported that 10 members of EXO will take part in activities in South Korea as spokesmen. All members of AOA will be active in China, while Chi min, uni, Hui Jing, Mei Mei and min Ya will also conduct publicity and interaction in South Korea at the same time.

    主站蜘蛛池模板: 欧美丝袜高跟鞋一区二区| 亚洲国产精品成人AV在线| 一级毛片视频免费| 精品视频在线观看一区二区三区| 日本一道高清不卡免费| 国产亚洲欧美视频| 丰满少妇三级全黄| 美国一级毛片在线| 成年女人免费v片| 午夜国产精品久久久久| а√天堂资源官网在线资源| 男人肌肌桶女肌肌网站| 大伊人青草狠狠久久| 国产男女插插一级| 亚洲av永久无码精品水牛影视| 色综合久久天天综合| 日韩人妻无码一区二区三区99 | 亚洲AV无码成人精品区狼人影院| 青青热久久久久综合精品| 欧洲多毛裸体XXXXX| 国产成人在线免费观看| 久久久久亚洲精品美女| 美女扒开屁股让男人桶| 小明发布永久在线成人免费| 人妖在线精品一区二区三区 | 老熟妇仑乱一区二区视頻| 明星造梦一区二区| 国产精品久久久亚洲| 亚洲欧洲小视频| 日韩黄色片网站| 日本一区二区三区在线看| 午夜无码伦费影视在线观看| a毛片免费观看| 男男chinese同志gay露脸飞机| 在线播放免费人成毛片乱码| 亚洲五月天综合| 调教奴性同桌h| 好男人看的视频2018免费| 亚洲欧洲自拍拍偷综合| 91成人免费版| 影音先锋男人看片资源|