What Wealth Values Are Hidden In A Formal And Complete Labor Contract?

Article tenth of the labor contract law stipulates that a written labor contract should be concluded when establishing labor relations.

Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment.

Where a labor contract is concluded between the employing unit and the laborer before the employment, the labor relationship shall be established from the date of the employment.

That is the most basic element of the labor contract.

With regard to sick wages, the twenty-first provision of the wage payment in Beijing stipulates: "when the worker is sick or is not injured by work, the employer should pay the sick leave according to the labor contract or the collective contract.

The employer's pay for sick leave shall not be lower than 80% of the minimum wage in this Municipality. "

The Interim Provisions on wage payment third: "wages in this Regulation refer to wage remuneration paid by laborers in various forms according to the provisions of the labor contract."

Specifically, which forms can be specified in the labor contract.

For example, the fortieth rule of wage payment in Beijing clearly states that the wages mentioned in this Regulation refer to the remuneration paid by the employing units in the form of money to laborers, including time wages, piecework wages, bonuses, allowances and allowances, overtime wages, and the payment of workers in special circumstances.

That is to say, in addition to the basic salary in general sense, wages also include employers' commitment to grant or the bonus, allowance, overtime wages and wages paid by special workers, such as sick leave and waiting for wages.

About cause

The reason causes the laborer to be paid during the period of waiting for post, "Beijing salary payment regulation" stipulates: "not because of the worker's own reason cause the employer to stop work, stop business, in a wage payment cycle, employers should pay workers' wages in accordance with normal labor; more than one wage payment cycle, according to the labor provided by the workers, pay wages according to the new standard of the two sides, but not below the city minimum wage standard; the employer should pay 70% basic living expenses in accordance with the lowest wage standard of the city.

Where the state or this Municipality provides otherwise, it shall be governed by it. "

That is to say, according to the relevant regulations of Beijing, when workers are sick,

Wages shall be paid to labourers, and shall not be lower than 80% of the local minimum wage standard. If the laborers are not waiting for their posts due to their own reasons, the employing units shall also pay wages to the laborers or pay 70% of the basic living expenses according to the local minimum wage standard.

If the employer fails to conclude a written labor contract with the laborer, how to settle the wages of the laborers during the employment period? The eleventh provision of the labor contract law stipulates: "when the employer fails to conclude a written labor contract while employing labor, and the labor remuneration stipulated by the laborers is not clear, the remuneration of the newly recruited laborers shall be carried out according to the standards stipulated in the collective contract; equal remuneration for equal work shall be implemented if there is no collective contract or collective contract is not specified."

This article refers to the standard that the employer should pay wages or labor remuneration to the laborers who have actually provided labor when there is no written labor contract.

In addition, the employer has not signed a written labor contract with the laborer. In addition to paying the monthly salary according to the normal wage, the employer should pay the worker twice the monthly wage difference, according to the eighty-second article of the labor contract law: "the employer has not signed a written labor contract with the employee for more than a month after the date of employment, and should pay the laborer two times the monthly salary.

If the employer fails to conclude a labor contract without a fixed term in violation of the provisions of this law, he shall pay the laborer two times the monthly salary from the date of the conclusion of the contract.

In a simile, Xiaoming student entered A company in January 5, 2016 and received a monthly salary of 5000 yuan. Until January 4, 2017, Xiaoming student proposed to terminate labor relations with A because A company had never signed a written labor contract with him.

At this point, Xiaoming students can claim that A should also supplement the total wage difference of 11 months from February 5, 2016 to January 4, 2017, that is, 55000 yuan, because the A company has not signed a written labor contract with Xiao Ming students.

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