What Terms Should The Labor Contract Have?
1. What terms should the labor contract have?
According to the seventeenth article of the labor contract law, the labor contract shall have the following clauses:
1. The name, domicile, legal representative or principal person in charge of the employing unit;
2. The name, address, identity card or other valid ID number of the worker;
3, the term of the labor contract;
4, work content and working place;
5, working hours, rest and vacation.
6, labor remuneration;
7, social insurance;
8.
labor protection
Labor conditions and occupational hazards protection;
9. Other matters stipulated in laws and regulations that should be included in the labor contract.
The above terms belong to the essential terms of the labor contract.
In addition to the above provisions, employers and workers may agree on other matters such as probation period, training, keeping secrets, supplemental insurance and welfare benefits.
Two, unit violation
Labor contract
How to do it?
According to the third provision of the original labor department's "compensation for violation of the relevant provisions of the labor law" issued in May 1995,
1. If the employer violates the provisions of the labor contract and causes the loss of the laborers' income, he shall pay the laborers his due wage and give them 25% of the earned wages.
Compensation expenses
;
2. If workers lose their labor protection treatment, they shall make up for the laborers' labor protection allowances and supplies according to the state regulations.
3, causing workers to work injuries and medical treatment losses, in addition to providing workers with work-related injuries and medical treatment according to the state regulations, they should also pay laborers equivalent to 25% of the medical expenses.
4. The damage to the health of female workers and underage workers shall be paid in addition to the medical treatment provided by the state according to the regulations of the state, and the compensation cost equivalent to 25% of their medical expenses shall be paid.
5. Other compensation fees stipulated in the labor contract.
According to the regulations on economic compensation for violation and dissolution of labor contracts issued by the Ministry of labor in December 1994, [1994]481 issued by the Ministry of labor, the economic compensation for the workers who terminate the labor contract should be paid by the employing unit at once.
The specific amount should be treated differently from different situations.
In this article, I will give you a detailed introduction of the specific terms of the "labor contract" and "how the unit violates the labor contract". I hope these contents can help you.
Workers or employers should follow the stipulations of the labor contract.
For example, the unit should pay the wages of workers in time and in full in accordance with the stipulations of the labor contract, and pay overtime fees.
If any violation of the labor contract results in damage to the worker, it is necessary to indemnify the labourer. The worker himself can also defend himself by making a complaint to the labor department or applying for labor arbitration. Specifically, he should consult the professional labor lawyer's advice so as to avoid unnecessary trouble.
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