Basic knowledge of employees' common sense of laws and regulations

Common sense of labor law that employees must know.

1, about signing a labor contract

Be sure to sign a labor contract, which will legally recognize the labor relationship between you and the enterprise, and the employer can't follow it. At present, China also recognizes the de facto labor contract, that is, no written contract is signed, but there is actually an employment relationship.

Note: Workers under actual labor contracts should provide evidence, such as recruitment, interview roster, work permit, work card, wage payment voucher, payment of social insurance, attendance records and other employee records.

2. About signing a labor contract 2

If the enterprise does not sign a labor contract with you. It is not illegal to enter into a written labor contract with you within 1 month. If the employee fails to sign the contract within 1 month, the employer may terminate the labor contract without paying compensation. If the employee fails to sign the contract for more than 1 month, he shall be paid twice the monthly salary, namely 1 1 month. Start after employment 1 month and end before signing the contract. If the laborer fails to sign, he shall be relieved and pay compensation. If the employee has been employed for more than 1 year and the enterprise has not signed it, the employee will be employed for one year after 1 month, and his salary will be doubled. /kloc-After 0/year, it is regarded as an open-ended labor contract.

3. About signing a labor contract III

When recruiting, the employing unit shall not make profits in any form, mortgage the identity card, or collect a deposit or security deposit. Workers should also truthfully explain their own situation. When signing a labor contract, the employer should explain the articles of association and rules of the company to the workers, and it is best to let the workers sign it to prove that they know and have studied. Otherwise, workers are likely to violate the company's articles of association on the grounds of not knowing the company's articles of association, and the company may eventually lose the case.

4. The labor contract is invalid.

A labor contract that violates the mandatory provisions of laws and administrative regulations is invalid. A labor contract concluded or changed against the true meaning by means of fraud, coercion or taking advantage of the danger of others. For example, it is fraud for workers to use fake diplomas. A labor contract in which the employer exempts itself from legal responsibility and excludes the rights of workers. Has been performed, according to the actual labor relations, should also obtain the paid unit.

5. About the probation period

Labor contracts generally have a probation period. If only the probation period is agreed, it shall be directly regarded as the contract term. If the contract period is 3 months to 1 year, the probation period shall not exceed 1 month; 1 to 3 years, no more than 2 months; For more than 3 years and no fixed term, it shall not exceed 6 months. If the labor contract is dissolved during the probation period, the employee shall notify the employer 3 days in advance; Employers need to explain the reasons for dissolution. The probation period shall not be agreed upon when renewing the labor contract.

6. About the service period

A labor contract may have a service period. Both parties agree that the employer will provide its special training benefits, and the employee shall not unilaterally terminate the service after serving the employer within the agreed time limit. Workers who violate the law shall pay liquidated damages, which shall not exceed the training expenses.

7. About non-competition

The time is two years, and the enterprise will pay you two years' remuneration, based on your salary when you are on the job. If you violate it, you will be liable for breach of contract.

8. Regarding the termination of the labor contract, the enterprise will fire you.

If the laborer is at fault, the specific performance is: unqualified within the applicable period (your performance can not meet the requirements of enterprise recruitment); The worker has seriously violated discipline (this is a serious violation of discipline); The employee seriously neglects his duty and engages in malpractices for selfish ends, causing heavy losses to the unit (serious dereliction of duty+causing heavy losses to the unit); Workers establish labor relations with other units at the same time, which has a serious impact on the completion of work tasks; Workers are investigated for criminal responsibility according to law (administrative detention is not investigated for criminal responsibility). The employer may immediately terminate the labor contract without prior notice according to law. There is no economic compensation problem.

The laborer is not at fault: the laborer is sick or injured at work, and after the medical treatment period (not the sick leave period, the legal concept will be explained later), he can't engage in the original work task or make other arrangements. Workers are not qualified for their jobs, and they are still not qualified after training or adjustment (they must be trained or adjusted).

9. Compensation for dismissal

If the above workers are at fault, then there is no compensation! If it wasn't the workers' fault. Then: when leaving the company, the compensation will be calculated as one month (1 month) for each full year of work, and six months to 1 year, and half a month for less than six months; The maximum compensation shall not exceed 12 years; The wages of employees are 3 times higher than the city average wage, which is calculated as 3 times; Below the minimum wage, according to the minimum wage; The employee's salary is the average salary of 12 months before the termination of the relationship; The wages of workers include bonuses, allowances and subsidies.

10, about compensation

The amount of compensation is twice as much as the compensation, and the enterprise will pay the compensation instead of paying the compensation. The application for compensation is as follows: if the compensation is not paid, the relevant department will pay it within a time limit, and if the enterprise still fails to pay, it will pay additional compensation according to 50% to 100% of the payable amount; Enterprises shall not terminate labor contracts because employees join trade unions. If it is illegal, it shall restore labor relations and reissue the wages lost due to improper termination of the contract.

1 1. About working hours

According to national laws, the time it takes workers to complete their work in one day, one night and one week.

Note: Including the necessary preparation before production or work and the finishing time at the end of work; Waiting time caused by the employer; Participate in vocational training and education time that is directly related to the work and has the nature of legal obligation; Interval of continuous work harmful to health; Breastfeeding round-trip time and pregnancy check-up time of female employees.

12. About the current calculation method of working hours in China:

Standard working hours (8 hours a day, 44 hours a week, at least one day off every week, which is what most people do when they go to work)

Piece-by-piece working hours (the labor remuneration is determined by the laborer completing a certain number of qualified products or a certain amount of work, working 40 hours a week and flexible working hours every day)

Shortening working hours system (employees who work under special conditions or have special circumstances, including: excessive physical labor; Reduced working hours at night shift1h; Decrease 1 hour per day for female employees during lactation; 18 years old and less than 8 hours)

Working hours are not limited by fixed time. For example, corporate executives, field work, promotion, etc. ; Enterprise long-distance transport personnel) comprehensive calculation of working hours system (some industries are special and cannot be calculated by day, such as road construction and construction engineering, which are calculated by week, month, quarter and year respectively, including positions that need continuous work; Limited by seasonal or natural conditions, the flexible working system should also abide by the calculation of the maximum working hours and overtime hours each year.

13, about breastfeeding

One year after delivery, including maternity leave

14, on sick leave

The concept of physiology actually requires treatment time. Sick pay.

15, about medical treatment period

Legal time limit for employees to stop working due to illness or work-related injury. The law stipulates that during this period, if you continue to see a doctor and don't go to work, the enterprise can terminate you!

16, about overtime

Only the enterprise can arrange overtime, and the enterprise does not arrange it. Even if you take the initiative to work overtime there, it is not overtime and there is no overtime pay. Generally, it does not exceed 1 hour per day, 3 hours per day in special industries and 36 hours per month.

17, on duty

Duty is not normal working hours, but working hours. Duty is not paid, but paid. Being on duty is generally an unproductive job that has nothing to do with your job, such as showing you around the factory at night.

18, about salary

Labor remuneration paid by the employer to the laborer in monetary form according to the statutory and agreed standards. Including hourly wages, piece-rate wages, bonuses, allowances, subsidies, overtime wages and wages paid under special circumstances. Excluding: social insurance benefits: one-child allowance, pension and funeral allowance; Compensatory expenses: travel expenses, meals, and job transfer travel expenses; Other income that does not reflect labor remuneration.

19, on overtime pay

Premise: arranged by the employer.

Overtime beyond standard working hours (that is, you work overtime every day): 65438+ 050% of your salary.

Can't make up the rest day: 200%; Statutory holidays, 300%

Note: For overtime pay within two years (labor dispute) and more than two years (civil dispute), workers should provide evidence. Overtime pay is based on standard salary, excluding overtime pay.

20. Holiday pay

Statutory holidays: paid

Annual leave: paid

Wedding and funeral leave: paid

Three questions: payment

Personal leave: not issued

Sick leave: sick leave pay

Wages during the performance of national or social obligations: paid by the unit, such as elections, going to testify, etc.

Salary during study and training: recommended or recognized by the employer, and paid accordingly. The unit agrees to learn by correspondence and distribute it as usual. Agree to adult education and distribute it as usual.

If you have any questions,

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #