Job Recruitment Website - Zhaopincom - Does the joint venture have home leave?
Does the joint venture have home leave?
Zhao Nvshi asked: My company is a Sino-foreign joint venture. Do I need to implement the national regulations on home leave? Lawyer's reply: the State Council's regulations on the treatment of employees visiting relatives (Guo Fa [1981] No.36) are limited to state organs, people's organizations, enterprises and institutions owned by the whole people. At the same time, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are authorized to make provisions on the treatment of family visits for employees of collectively owned enterprises and institutions according to the actual conditions in their respective regions. Jiangsu Provincial Government's Detailed Rules for Implementation (No.Su [198 1] 149) also authorizes all localities and cities to make some principles and regulations on the treatment of visiting relatives for employees of collective enterprises and institutions according to the actual situation in the region. According to the above regulations, home leave is only applicable to state organs, institutions, social organizations and national and collective enterprises. At present, there is no legal basis for private non-enterprise units, foreign-invested enterprises, private enterprises, joint-stock enterprises, limited liability companies and other non-public units to apply for all kinds of home leave. Disputes over home leave for non-public units, if the employer has rules and regulations or both parties have a contract, shall be implemented in accordance with regulations or agreements. There is still room for repentance within 30 days of resignation. Mr. Wang asked: An employee of our company reneged after notifying the company to terminate the labor contract according to Article 3 1 of the Labor Law. Does he have the right to withdraw the submitted notice? Lawyer's reply: The laborer has notified the employer in writing to terminate the labor contract according to Article 31 of the Labor Law. Before the expiration of the 30-day period, if the employee's resignation has no expected legal consequences, the employee may cancel his resignation and withdraw the notice of termination of the labor contract. However, if the employer has gone through the work handover procedures with the employee within 30 days, or has made new arrangements for the work and made other preparations that are difficult to cancel, it shall be deemed that the employer agreed to the employee's resignation, and both parties agreed to terminate the labor contract through consensus, and the provisions of Article 24 of the Labor Law shall apply, so the employee has no right to cancel his resignation. What management issues should be paid attention to when recruiting retirees from other units? Mr. Feng asked: Our company has recruited some retirees from other units in some positions. What problems should be paid attention to in the management process? Lawyer's reply: If a retired employee who has maintained a labor relationship with the original employer goes to another unit to engage in paid labor and accept management, it should be considered that the two sides have formed an atypical labor relationship. Disputes arising from working hours, labor protection, minimum wage, industrial injury insurance, etc. shall be handled in accordance with the provisions of the Labor Contract Law. However, if the laborer requests to sign an open-ended labor contract with the unit, pay economic compensation and apply for social insurance, it will not be supported in judicial practice. Lawyer Xie, a lawyer of Jiangsu Yixing Law Firm, is good at handling labor disputes, company law and finance and tax law, and successfully handled more than 0/00 labor dispute cases. At present, he is employed by many large and medium-sized enterprises such as Jiangsu Wanbang Biochemical Pharmaceutical Co., Ltd., Xuzhou Meichi Axle Co., Ltd., Xuzhou China Resources Power Co., Ltd., Liebherr Machinery (Xuzhou) Co., Ltd. and Jiangsu Huamei Construction Engineering Group Co., Ltd., and participates in providing special legal services for labor and employment for more than 30 large and medium-sized enterprises such as Rainbow Above (China) Investment Co., Ltd., Xuzhou Municipal Engineering Co., Ltd., Vestas (Xuzhou) Foundry Co., Ltd. and Xuzhou Guanyin Airport
- Previous article:How is the treatment of state-owned enterprises in Henan Talent Group?
- Next article:Is Hefei Liangchu Industrial worth visiting?
- Related articles
- Is Hefei zero zero seven noodle restaurant open on holidays?
- What are the application conditions for recruiting teachers in Jinan?
- Kindergarten resume model essay 10 _ kindergarten teacher resume
- When will the new property of Huizhou Xinli Ruiyuan open?
- How to dry wood
- Beijing carving or Muye?
- Is it good to be an administrative personnel supervisor in a mining area (coal mine)?
- Which station is convenient for Guilin Second People's Hospital to get off?
- How about Yuxinou Chongqing Logistics Co., Ltd.?
- Is it tiring for the general workers in Xiagezhuang Qiaotai Pipe Industry to go to work?