Post Holiday Resumption Is Under The Law Of "Indecent" Rights To Help You.

Xiao Li, a migrant worker of a foreign company, has been in the logistics post for more than three years.

After the Spring Festival, Xiao Li returned to the enterprise. When he opened his wages, he found that his salary was less than 200 yuan.

After hearing it, this is decided unilaterally by the management of the enterprise. Because the enterprise's benefit is not good, the enterprise decides to reduce the wages of the second line workers.

To this end, Xiao Li went to the personnel department of the enterprise, and the reply of the personnel department was: "the new beginning of the new year, the enterprise has the right to redefine the wages.

I believe that the new fixed salary is low enough to leave. "

[analysis] wage is an important part of the labor contract.

The twenty-ninth provision of the labor contract law stipulates that it is illegal for employers to reduce wages of laborers unilaterally without consultation with laborers.

It is an offence to dismiss a laborer or dissolve a labor contract with a worker because of different opinions.

The thirtieth and forty-eighth stipulations of the labor contract law stipulate that employers should pay workers in full and in time in accordance with the stipulations of labor contracts and state regulations.

If the employer fails to pay the labor remuneration in arrears or in full, the worker may apply for payment order to the local people's court according to law, and the people's court shall issue a payment order in accordance with the law.

[case] Lao Hao is a migrant worker in a private enterprise. He worked as a boiler worker for many years in an enterprise.

During the implementation of the labor contract law, he has worked in the enterprise for more than eight years, and a fixed term labor contract has been signed two times.

After returning to work after the Spring Festival, Lao Hao was accused of breaking off the contract due to the holiday and the contract was re signed.

Start with zero.

This is not only a sign of no fixed term labor contract, but also a holiday with paid annual leave.

[analysis] the Spring Festival holiday is a regulation of the State Council, which can not cause "contract interruption" and can not bring the original contract period to zero. The labor contract between the enterprise and the laborer will not be interrupted because of the holiday.

Before and after the festival, the working hours of the workers should be calculated continuously.

The fourteenth provision of the labor contract law stipulates that one of the following circumstances, if a worker proposes or agrees to renew or conclude a labor contract, shall conclude an unfixed term labor contract unless the worker proposes a fixed term labor contract.

(three) two consecutive fixed-term labor contracts shall be concluded continuously, and the laborers shall not renew their labor contracts without the provisions of the thirty-ninth and fortieth provisions of the first and second provisions of this law.

[case] Ms. Han, a migrant worker, has worked as a cleaning worker in a certain unit for nearly five years.

The enterprise changed its system, and the unit signed a three year labor contract with Ms. Han, and the postganglionic contract expired.

After the Spring Festival, Ms. Han was told that the company had set up a dispatch company. They were pferred to the sending company by the collectives. The labor contract should be signed with the sending company. Wages and benefits must be re determined with the sending company.

[comment]

"That is, the worker has been working for a long time in the employing unit, but after the expiration of the contract, the work unit no longer renews the labor contract with him, but finds a labor dispatch company and signs labor dispatch contract, so that the worker can continue to work in the original employer in the name of the dispatched employee, which is expressly prohibited by law.

"

The sixty-seventh article clearly stipulates: "employers shall not set up labor dispatch units to send workers to their units or units."

[case] old Joe worked as a freight forwarder for seven or eight years in a freight company. The company had more than a dozen subsidiaries.

After the restructuring of enterprises, every company must divide and merge each year. The employees are still working on their original jobs, but the contracts must be signed once a year.

Staff turnover did not change, but their wages were greatly reduced.

After the Spring Festival, Lao Qiao came to the company to work and was told to renew his labor contract.

"Who belongs to it?"

[analysis] when the name of the employer changed, and the employer's unit did not change, the labor relationship between the laborer and the employer remained unchanged. The employer's status as the main body of the labor contract did not change, and the effectiveness of the labor contract did not change.

If the employer is merged or divided, the employer is still a party when the labor contract is concluded without the elimination of the original qualification. The original labor contract is still valid and should continue to perform.

Where the original employer is eliminated, the new employer is the successor of the original employer's rights and obligations. It inherits the rights and obligations of the original employer in the original labor contract. The validity of the original labor contract shall not be affected, and the parties to the labor contract shall continue to perform.