Legal aid: sign labor contracts with only one employee, enterprises have no feasible
Created:
/Author:
Aaron Lewis
Reportedly, the biggest highlights of the new labor contract, which increased the enterprise not to the employees in accordance with the law to provide illegal cost contract text.The new contract text page marked "12333" complaints telephone, laborer can easily report complaints.According to the regulations, and signed by both parties, the employer shall not be such as text to hold a to employees, as not to sign labor contracts with workers, dispute not to contract against employee has signed opinions, and to bear the corresponding legal responsibility.The Labor Department explained that the persons concerned, this means that if the workers get no labor contract, be in accordance with the "labor contract law", to the employer to ask for double pay not to sign the contract on the grounds, and require the signing of non fixed termThe labor contractEtc..
"The labor dispute prior to their advantage, enterprise how how to say, anyway, workers have no contract.Now it is different, the contract in hand, we relax."An experienced worker labor disputes says to the reporter, he used to work in a factory, sign labor contract, enterprise for his signature on the contract, but many of the provisions is blank.He should be 1000 yuan monthly salary, plus a bonus of 2500 yuan, but in the labor dispute lawsuit later, the enterprise out of the contract is written on the "monthly pay 1000 yuan".
A main agent of labor disputes lawyers think, the text of the contract have a to hand held by employees, on the surface, there is conflict which appears to be associated with the "civil law" provisions of the "the two sides signed" the spirit of "civil law", but also provision may be prescribed conditions.So the new version of the contract can be regarded as a condition before the entry into force of the contract in the law, is a model for the protection of workers.
It is understood,Recruitment networkTo remind the new version of the contract also has many bright spots in the content.Such as the refusal to "general", all related to the work content, work place, all have a clear expression, but can not fill in "national", "the province's" for the work place.At the same time, the new contract will be the first trial a separate chapter, and indicate the "labor contract law" on the points of the probation period, the probation period shall not be less than the provisions of pay 80% of the wages stipulated or units of a most low wage jobs, nor less than the minimum wage standard.The new version of the contract also stipulates, enterprises set up the piece rate wage must ensure that 70% employees completed at normal hours.