Job Recruitment Website - Zhaopincom - Is there legal protection for daily work?
Is there legal protection for daily work?
Temporary workers are a flexible way of employment, which provides certain convenience for employers and workers. Temporary workers are a form of employment in enterprises, and they are part of employees in enterprises during their work, so they must be included in labor management. As long as the employee forms an employment relationship with the employer, regardless of the length of working hours, the employer should provide labor protection for the employee in accordance with relevant laws and regulations. Therefore, "temporary workers" are protected by the labor law as long as they have labor relations with employers. The employee and the employer have formed an employment relationship, and the employee should be protected by the labor law and related laws. At the same time, when determining the labor relationship with the employer, workers should pay attention to signing labor contracts to protect the rights and interests of workers to the maximum extent.
Do temporary workers in the unit have annual leave?
1, temporary workers can calculate the length of service and enjoy annual leave. In fact, there is no concept of "temporary workers" in the labor law and other relevant laws and regulations. As long as there is a labor relationship between workers and employers, they are all regular employees and should enjoy corresponding wages. Therefore, temporary workers can calculate the length of service and enjoy annual leave according to law, regardless of whether they sign a written labor contract with the employer;
2. Temporary workers who have worked for 1 year but less than1year can enjoy 5 days of annual leave. Temporary workers who have reached/kloc-0 and less than 20 years can enjoy 10 days of annual leave. Those who have completed 20 years can have 15 days annual leave. National statutory holidays and rest days are holidays that cannot be counted as annual holidays;
3. In real life, if the employer refuses to allow temporary workers to take annual leave for various reasons, and their working hours are not allowed to calculate the length of service, temporary workers can complain to the labor inspection department, or apply for labor arbitration to protect their rights, requiring the unit to stop the infringement, take annual leave according to law and calculate the length of service;
What is temporary endowment insurance?
First, temporary workers can also enjoy old-age insurance.
After the implementation of the labor law, all employers and employees have fully implemented the labor contract system, and all types of employees enjoy equal rights in the employer. Therefore, in the past, temporary workers no longer existed compared with regular workers. Where an employer employs in a temporary post, it shall sign a labor contract with the employee, establish various social insurances for it according to law, so that it can enjoy relevant welfare benefits, and cannot refuse to handle it on the grounds that "temporary workers" belong to the supernumerary personnel of the unit.
Second, the payment period of endowment insurance
According to the provisions of China's social endowment insurance, men who have reached the age of 60 and women who have reached the age of 55, and the accumulated payment period has reached 15, can receive the basic pension according to the regulations. If the accumulated payment period is less than 15 years, the amount stored in his personal account shall be paid to him in one lump sum, and the pension insurance relationship shall be terminated at the same time, and the payment period shall not be increased by means of overdue afterwards. Therefore, even if the old-age insurance is reissued, it is impossible for people who pay the old-age insurance normally to have a stable income every month after retirement. The old-age insurance he paid back will be given to him again and again at the age of 60, so the social security agency will generally not reissue it for him.
Legal basis:
People's Republic of China (PRC) labor contract law
Sixty-sixth jobs and labor contracts for labor dispatch are the basic forms of employment for Chinese enterprises. Labor dispatch is a supplementary form, which can only be implemented in temporary, auxiliary or alternative jobs.
Temporary work mentioned in the preceding paragraph refers to work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons.
The employing unit shall strictly control the number of labor dispatch, and shall not exceed a certain proportion of its total employment, and the specific proportion shall be stipulated by the labor administrative department of the State Council.
Forty-sixth economic compensation, one of the following circumstances, the employer shall pay economic compensation to workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
- Related articles
- Where is Changzhou Kangyuan Health Valley?
- Poyang Qiushi school admission conditions
- What is the name of the property in Fengjiagou Community, Donggang District, Rizhao City, Shandong Province?
- What is the telephone number of Ka Lestro Osman (Taicang) Building Materials Co., Ltd.?
- What are the common questions in the interview of solution engineers?
- What is the telephone number of Shanghai Lianying Intelligent Medical Technology Co., Ltd.?
- Excuse me, I want to find a job in Changzhou. What's better online?
- Recruitment conditions of Guizhou provincial institutions
- Does Xinxiang Xinhao Electrical and Mechanical work a lot of overtime?
- Xi Lu ying tie she yuan hospital health examination