Can The Contract Be Completed At A Time When A Certain Task Is Completed?

In 2009, a construction company undertook a project. At the beginning of the project, he signed a contract with Mr. Wang, a construction engineer, to complete certain tasks. The two sides agreed to terminate the labor contract on the date of completion of the project acceptance.

But in mid 2012, the project was not yet completed. The manager of the company told Mr. Wang that he would leave his office in 1 months or he would be fired.

Mr. Wang was very puzzled. The HR manager said that the labor contract signed by the staff and workers in order to complete certain tasks is equivalent to "temporary workers".

Comment: the HR manager's statement is wrong.

First of all, to accomplish certain

The term labor contract is only one of the types of labor contracts signed by the employer in the Chinese law, which is not different from other labor contracts themselves.

Second, the concept of "temporary workers" in law has long been out of existence.

The "temporary worker" as mentioned in the enterprise is actually temporary employment, and such employment relationship is also

Nature should be subject to "

Norms.

Thirdly, the terms of the labor contract signed by the law for the purpose of completing certain tasks and tasks are clear, and the labor contract signed by a laborer in order to complete a certain task is also entitled to the corresponding rights.

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At 7 a.m. every day, a group of car inspector handed over his cell phone to the foreman in Nanjing's East depot Xuzhou downlink workshop, one by one, and handed it down to the foreman by the head of the Department, and then placed it in the mobile phone safekeeping box, then started the roll call and began the on-site maintenance work of the railway freight car.

During this period, the safety management measures of employees' centralized cellphone keeping during the period of duty were triggered by thousands of waves in the workers.

The reason for this measure is that the leading body of the workshop believes that with the rapid popularization of mobile phones in modern life, the behavior of Habitual Violation of mobile phones such as cell phones and on-site cell phones during the shift to a certain extent exists, while the locomotives on the railway inspection sites are moving back and forth. The violation of regulations is very easy to cause workers to physically invade the line limits and directly lay hidden dangers for workers' personal safety.

For this reason, the "centralized management of mobile phones for railway inspection staff on duty" has been formulated, and the mobile phone system can be well managed to ensure the safety of workers.

For workers, "there is something urgent at home, who can not contact me?" and so on. The workshop clearly pointed out that if there is something urgent in the staff's home, it is necessary to contact the staff and workers, and can call the workshop to set up three 24 hours all day long to pick up the fixed telephone.

At the same time, the workshop implements the system of checking the centralized storage of mobile phones, and the workshop management checks the attendance of the teams on the same day, checks whether the mobile phones are centrally stored, and eliminates the "missing net".

When going deep into the field monitoring and inspection, the management found that when the staff played the mobile phone while they were on duty, they would strictly carry out the responsibility and give some economic assessment.

Generally speaking, employees have the right to carry their own mobile phones, but the fourth provision of the labor law stipulates: "employers should establish and improve rules and regulations in accordance with the law to ensure that workers enjoy the right to work and perform their labor obligations."

If the enterprise stipulates in accordance with the rules and regulations formulated by the law: employees are not allowed to bring mobile phones into the workplace, there is nothing wrong with this regulation.

However, there are two problems to note: first, the rules and regulations of the employing units must conform to the procedures of making and promulgating by law, so as to produce legal effect.

According to the fourth article of China's labor contract law, when employing units in formulating, modifying or deciding on rules and regulations or important matters, they should discuss with the staff congress or all the staff, propose proposals and opinions, and make an equal consultation with trade union or staff representatives.

Rules and regulations that directly relate to the personal interests of employees should be publicized or communicated to employees.

In the process of implementing rules and regulations, the trade unions or employees consider that the rules and regulations of the employing units are inappropriate, and they have the right to propose to the employer and make amendments through negotiation.

Two, we should pay attention to protecting workers' privacy.

The custodian can not answer or glance at the employee's mobile phone at random, nor can he force the body to check the mobile phone.

China's Constitution clearly stipulates that the personal freedom of citizens is inviolable, and the personal rights of citizens are protected by law.

Only investigators of public security organs or procuratorial organs can conduct searches after showing the search warrants to the persons being searched. It is illegal to search any citizen's citizens without the search warrants.

The provisions of the Ministry of public security on the standardized management of security service companies have strict restrictions on the terms of reference of security: security personnel shall not deprive or restrict the personal freedom of citizens; they shall not search other people's body or detain legal documents or lawful property of others; they shall not abuse or beat others or abet or assault others.

According to the law, administrative punishment can be imposed on those who insult or illegally search workers, and if they constitute a crime, they can be investigated for criminal responsibility according to law.