It Is Difficult To Safeguard The Rights Of The Internet When It Comes To Labor Relations.

Due to the mixture of labor relations, labor relations, agency relations and franchise relations, the legal relationship between the provider of the labor and the recipient of the product is becoming more and more blurred.

Therefore, the protection of the rights and interests of workers should be paid more attention to in the context of the interweaving of new and old employment forms.

Not long ago, the rural youth Hu received a phone call from a courier company. He went to the company to work as a courier for collecting and sending pieces.

After a while, he found that the company did not give him social insurance.

When he asked to make up the payment, the company dismissed him on the grounds of "many things".

At that time, he had worked for more than six months in the company, so he put forward a request for double pay.

The company refuses to give an oral notice, that is, the labor contract.

Regardless of the new and old employment in various forms of employment, the employer should notify workers in writing or in writing, and generally inform workers of their place of work, time and remuneration.

Is this kind of notice in the "net +" new type of employment, whether it belongs to the labor contract.

In accordance with the provisions of the sixteenth and nineteenth articles of the labor law, the labor contract is an agreement between the laborers and the employing units to establish labor relations and clarify the rights and obligations of both parties.

A labor contract must be signed when establishing labor relations.

The labor contract shall be concluded in writing and shall have the following clauses: (1) the term of the labor contract; (two) the contents of the work; (three) labor protection and labor conditions; (four) labor remuneration; (five) labor discipline; (six) conditions for termination of the labor contract; (seven) liability for violating the labor contract.

The labor law stipulates that the old form of employment is applicable, and the new form of employment is also applicable.

The articles that do not possess the above labor contracts, even in written form, are not labor contracts, not to mention oral job notifications.

And the employer's "Notice of employment" is not an agreement between the two parties, but a unilateral act of one side.

It is illegal for employers to conclude written labor contracts without workers.

The eighty-second article of the labor contract law has made a punitive provision for compensation for the actual losses of the injured party. The employer shall compensate the employer for a written labor contract which has not been working for more than one month after the date of his own employment for more than a month, and shall pay two times the monthly salary to the worker.

In this case, Hu's request for double pay should be supported by law.

A hotel has made online ordering, sending meals under the net, and doing business very well. The boss of the shop has two shifts to each other for 12 hours.

Because the order clerk, the cook and the delivery clerk are not alive every hour, the boss decides to wait for the time he does not work overtime, and he is still on duty 8 hours a day.

In this regard, the order clerk Wang, chef Qian, waiter, Xia Mou and other objections, demanding 8 hours overtime.

The boss does not recognize this.

Overtime refers to the extension of working hours and rest days in addition to the prescribed working hours.

"Overtime" includes "adding points".

The above extended working hours are listed as "overtime".

Duty is a unit that is temporarily arranged or arranged according to the requirements of safety, fire protection, holiday and so on, and has nothing to do with the work of the employee. Or, though it is related to the work of the worker, the rest during the duty is usually non productive responsibility, such as gate watching, answering telephone calls, etc.

Determining whether to work overtime or on duty depends mainly on whether workers continue to work on their original posts or whether they have specific production or business tasks.

The thirty-sixth and forty-fourth provisions of the labor law stipulate that the State implements the daily work of the laborers.

A working hour system that does not exceed eight hours and the average weekly working hours do not exceed 44 hours shall be overtime.

In this case, Wang, a chef, a waiter, and Xia Mou, worked for more than 8 hours a day. The request for overtime pay should be supported by law.

Annual leave is a paid continuous vacation given by the state according to the working life of the worker and the intensity of labor.

The regulations on paid annual leave for employees stipulate that employees of organs, groups, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units who work continuously for more than 1 years shall be entitled to paid annual leave.

The unit shall ensure that employees enjoy annual leave.

"

In the fourth article, there is no exception to the annual leave for workers who enjoy the arrangement of encouraging holidays: the employees are not entitled to the annual leave of the year: (1) the workers enjoy the winter and summer vacation according to law, and the number of days off is more than that of the annual leave; (two) the workers are requested to accumulate more than 20 days' leave on duty and the unit does not deduct wages according to the regulations; (three) the workers who have accumulated 1 years' work for less than 10 years, ask for sick leave to accumulate for 2 months or more; (four) workers who have accumulated work for 10 years or less than 20 years, ask for sick leave to accumulate for more than 3 months; (3) employees who have worked for more than a year are requested to accumulate more than a month's sick leave.

In addition, the regulations on paid annual leave for employees are specified in the fifth article: units shall make overall arrangements for staff annual leave according to the specific circumstances of production and work and considering the wishes of employees themselves.

The state not only gives laborers the right to enjoy annual leave, but also guarantees their right to choose holidays on the basis of free will.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.