Labor Law Case Analysis Questions

——The signing rate of labor contracts is low, and workers’ legitimate rights and interests cannot be effectively protected when labor disputes arise. The labor contract signing rate of small and medium-sized enterprises and non-public enterprises is less than 20%, and the signing rate of individual economic organizations is even lower. Employers are reluctant to sign labor contracts mainly to reduce labor costs and avoid legal responsibilities for paying social insurance premiums and firing workers.

——Labor contracts are short-term and labor relations are unstable. Law enforcement inspections show that more than 60% of the labor contracts signed by employers and workers are short-term contracts. Most of them are signed once a year, and some are even signed several times a year. Some companies spend the lowest labor costs to use workers' most energetic "adolescence", which not only damages the legitimate rights and interests of workers, but also affects workers' sense of career stability and sense of belonging to the company.

——The employer takes advantage of its strong position in labor relations to infringe on the legitimate rights and interests of workers. Some employers abuse the probation period and refuse to hire employees after the probation period on the grounds that the workers cannot meet the recruitment conditions during the probation period; some employers delay or deduct workers' wages and do not pay social insurance premiums as required; some employers Units extend working hours at will and do not pay overtime pay; some employers even impose forced labor on workers, causing serious infringement of workers' legitimate rights and interests. Article 19 If the labor contract term is more than three months but less than one year, the probation period shall not exceed one month; if the labor contract term is more than one year but less than three years, the probation period shall not exceed two months; if the labor contract term is more than three years but less than three years, the probation period shall not exceed two months; if the labor contract term is more than three years and less than three years, the probation period shall not exceed two months; For a long-term labor contract, the probation period shall not exceed six months.

The same employer and the same employee can only agree on a probation period once. Article 19 If the labor contract term is more than three months but less than one year, the probation period shall not exceed one month; if the labor contract term is more than one year but less than three years, the probation period shall not exceed two months; if the labor contract term is more than three years but less than three years, the probation period shall not exceed two months; if the labor contract term is more than three years and less than three years, the probation period shall not exceed two months; For a long-term labor contract, the probation period shall not exceed six months.

Article 19 If the labor contract term is more than three months but less than one year, the probation period shall not exceed one month; if the labor contract term is more than one year but less than three years, the probation period shall not exceed two months; For fixed-term and non-fixed-term labor contracts of more than one year, the probation period shall not exceed six months.

The same employer and the same employee can only agree on a probation period once. If a labor contract is limited to the completion of certain work tasks or if the labor contract is less than three months, a probation period shall not be agreed upon.

The probation period is included in the labor contract term. If the labor contract only stipulates a probation period, the probation period will not be established and this period shall be the term of the labor contract.

Article 20: A worker’s salary during the probation period shall not be less than the lowest wage for the same position in the unit or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage in the location of the employer. standard.

Article 21 During the probation period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law. . If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.

Article 37: The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probation period, the employee can terminate the labor contract by notifying the employer three days in advance.

Article 47: Economic compensation is paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

Article 50: The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.

Labourers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.

The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.

If a labor contract existing on the date of the enforcement of this law is terminated or terminated after the enforcement of this law, and financial compensation should be paid in accordance with the provisions of Article 46 of this law, the period of economic compensation shall be from the date of the enforcement of this law. Calculation; before the implementation of this Law, according to the relevant regulations at the time, if the employer should pay economic compensation to the workers, it shall be implemented in accordance with the relevant regulations at the time.

Pilot