Cases of violation of labor contract in recruitment of large enterprises

Typical cases of employers violating labor contract law

Case introduction

Song graduated from 20 12. 20 12 10 13 After applying for a job, I came to Fu Ying Foreign Language Training School as a course consultant. Song experienced the so-called training period of the school for half a month. After that, the school only verbally agreed on a one-month probation period with a salary of 1000 yuan. No written labor contract was signed with Song, and various social insurances were not paid. The school also asked all employees for the security deposit of work clothes, 600 yuan, and signed a training fee agreement with employees, stipulating that the training fee is 1 000 yuan and the service period is 6 months. However, Song only received pre-job training. During Song's work, he extended his off-duty hours almost every day, ranging from half an hour to two or three hours. One day, Song asked the department manager for a day off because of something at home, but the department manager was uncharacteristically. On June 29th 1 1, Song was given a notice to either extend the probation period by one month or terminate the probation period early on June 30th+0th. For the unreasonable demands of the department manager, Song angrily left the school and turned to a lawyer to protect his legitimate rights and interests.

case analysis

In this case, the foreign language training school of the employer violated the Labor Contract Law and infringed upon the legitimate rights and interests of employee Song. There is evidence that the school has the following violations of the labor contract law: it has not signed a written labor contract with employees since the date of employment; The salary agreed with the employee and actually paid is lower than the local minimum wage in Shijiazhuang; Ordering employees to extend the probation period; During the probation period, the employee is dismissed without reason; Require employees to pay a deposit; Sign a training fee agreement named special training with employees for pre-job training; Employees are often asked to work overtime, but there is no overtime pay.

First, the school will not sign a written labor contract with employees from the date of employment. According to Article 10 of the Labor Contract Law, the employer shall conclude a written labor contract with the employee within one month from the date of employment. According to Article 82 of the Labor Contract Law, if the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.

Second, the wages agreed and actually paid by the school and employees are lower than the monthly minimum wage in Shijiazhuang. According to Article 20 of the Labor Contract Law, the wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wages agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located. On 20 11July1day, the People's Social Welfare Department of Hebei Province issued the Notice on Adjusting the Minimum Wage Standard, and the monthly minimum wage in urban and suburban areas of Shijiazhuang was 1 100 yuan. Obviously, the salary agreed between the school and employees is only 1000 yuan, which is obviously lower than the local minimum wage in Shijiazhuang. According to relevant laws and regulations, order the employer to reissue the difference within a time limit; If the payment is not made within the time limit, the employer shall be ordered to pay compensation of more than 50% and less than 000% of the payable amount to the employee; Refuses to correct, punishable by more than 2000 yuan, 20000 yuan fine.

Third, the school violated the agreed probation period. According to Article 19 of the Labor Contract Law, the same employer and the same employee can only agree on a probation period. The school verbally agreed with Song that the probation period was one month, and when the probation period was about to end, it proposed to extend the probation period by one month, which obviously violated the relevant probation provisions in the Labor Contract Law.

Fourth, the school violates the labor contract law and dismisses employees without justifiable reasons during the probation period. Probation period refers to the period during which the employer inspects the newly recruited employees for many years, and it is a process of mutual understanding. On the one hand, probation can safeguard the interests of the employer, giving the employer time to examine whether the workers meet the employment conditions, on the other hand, it can safeguard the interests of employees and let them know whether the employer meets the provisions of the labor contract. According to Item 1 of Article 39 of the Labor Contract Law, if the employer is proved unqualified during the probation period, it may terminate the labor relationship with the employee. According to the law, schools need to prove that employees do not meet the employment conditions, and they need to inform the employment conditions in writing when hiring employees. However, the school dismissed employees without any reason or explanation, which seriously violated the legitimate rights and interests of workers. Schools should pay compensation to workers in accordance with the economic compensation standard stipulated in Article 47 of the Labor Contract Law.

Fifth, the school violates the labor contract law and requires employees to pay a deposit. According to the relevant provisions of the Labor Contract Law, employers are prohibited from collecting property from workers in various names. However, there is evidence that the school requires employees to pay 600 yuan deposit to ensure the staff's tooling expenses, which is obviously against the law.

Sixth, the school and employees agree on invalid training fees. According to the second paragraph of Article 22 of the Labor Contract Law, the training expenses include the well-documented training expenses paid by the employer for the professional and technical training of the workers, the travel expenses during the training and other direct expenses incurred by the workers due to the training. However, Song received pre-job training at school, which is the legal obligation of the employer stipulated in the Labor Contract Law. However, the school regards the necessary pre-job training as special training prescribed by law. These practices violate the labor contract law.

Seventh, schools often make employees work overtime, but they don't give overtime pay. The school has clearly agreed on specific working hours. However, the school does not strictly abide by the established time system, often extends working hours, and employees do not pay overtime pay after overtime, which violates the labor contract law and infringes on the legitimate rights and interests of workers.