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Legal provisions for hiring temporary workers
I. Provisions of the Labor Law on Temporary Workers
Chapter I General Principles
Article 1 These Measures are formulated in order to strengthen the unified management of employment in the company, meet the needs of unbalanced employment in the company's production and operation management, and protect the legitimate rights and interests of the company and temporary workers.
Chapter II Recruitment Scope and Conditions
Article 2 The company employs temporary workers to engage in short-term, temporary, seasonal work or heavy physical labor.
Article 3 Temporary workers must reach the working age stipulated by the state, that is, at least 18 years old, be in good health and be competent for their own jobs.
Fourth temporary workers give priority to recruiting from local residents; When there are difficulties, with the approval of the local labor department, they will be recruited from other places.
Chapter III Recruitment Procedures
Article 5 According to the human resources plan and work needs, fill in the recruitment application form and report it to the company leaders for review.
Article 6 The Personnel Department shall summarize the employment needs of all departments and arrange temporary employment plans.
Article 7 Recruitment of regular employees or individual recruitment. The Company's recruitment management measures are applicable to these measures.
Article 8 The company shall sign a labor contract with the temporary workers themselves in duplicate, which shall be jointly held by the company, employees and the labor department.
Article 9 When the labor contract expires, the company shall go through the formalities of renewal or termination with the temporary workers.
Second, the wage regulations for temporary workers
Temporary wages are determined according to the specific delivery work, not less than the minimum wage.
The so-called temporary workers should refer to short-term contract workers, part-time contract workers or contract workers whose term is to complete a certain task. The revision of the Labor Contract Law is aimed at labor dispatch workers, who sign contracts with labor dispatch companies, and the labor dispatch companies send them to employers. The labor dispatch worker is not exactly the same as the so-called temporary worker, because he has no labor relationship with the employer and his company is in the labor dispatch company. The so-called temporary workers' labor relations are in their own units, which is different.
A temporary worker as opposed to a regular worker. Temporary workers refer to people who work temporarily in the unit, and temporary workers refer to temporary and seasonal employment with a service period of no more than one year. It is also possible to extend the time limit, but only if both parties reach an understanding.
Three, determine and adjust the minimum wage standard should be comprehensive reference to the following factors
(a) the minimum living expenses of the workers themselves and the average dependent population;
(2) the average social wage level;
(3) labor productivity;
(4) Employment status;
(5) The difference of economic development level among regions.
The above is an introduction to the provisions of the labor law on temporary workers. Temporary workers also enjoy certain rules and benefits during their work, especially to understand the rules and regulations of enterprises and protect their personal rights and interests. If you still don't understand this, I suggest you consult a lawyer.
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