Is computer a labor condition?

A. Is engaging in computer maintenance in villages and towns considered technical labor?

It definitely is. Now is the era of computer networks. Take control of your career. ~ Computer technology has a bright future

B. The company deleted the employee’s system ID and changed the office computer password without giving written notice of dismissal and suspension. Is it possible to arbitrate on labor conditions?

The employer did not notify in advance. If the employee is not at fault, the labor contract is illegally terminated and the other party may be required to make financial compensation.

If a dispute arises due to the termination of a labor contract, the employee can apply for labor arbitration.

"Labor Contract Law of the People's Republic of China"

Article 36: Termination of labor contract through negotiation

The employer and the employee reach an agreement through negotiation, The labor contract can be terminated.

Article 39: The employer unilaterally terminates the labor contract (negligent dismissal)

If the employee has any of the following circumstances, the employer may terminate the labor contract:

(1) Being proven not to meet the employment conditions during the probation period;

(2) Seriously violating the rules and regulations of the employer;

(3) Serious dereliction of duty and selfishness Fraud, causing significant damage to the employer;

(4) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to do so upon request by the employer Correction;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26, Paragraph 1 of this Law;

(6) Being investigated for criminal prosecution in accordance with the law Responsible.

Article 40 Dismissal without Fault

In any of the following circumstances, the employer shall notify the employee in writing 30 days in advance or pay the employee an additional month's salary After that, the labor contract can be terminated:

(1) The employee is sick or injured not due to work, and cannot engage in the original job after the prescribed medical period expires, nor can he engage in other work arranged by the employer ;

(2) The employee is not qualified for the job and is still not qualified for the job after training or adjusting his job position;

(3) The objective circumstances on which the labor contract was concluded occurred. Major changes make it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the contents of the labor contract after negotiation.

Article 46 Economic Compensation

In any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) Laborer The labor contract is terminated in accordance with the provisions of Article 38 of this Law;

(2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and negotiates with the employee to terminate the labor contract contract;

(3) The employer terminates the labor contract in accordance with Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with Article 41 of this Law Article 44 of this Law shall apply for the termination of the labor contract; The first paragraph provides for the termination of a fixed-term labor contract;

(6) The termination of a labor contract in accordance with the provisions of Article 44, Paragraph 4 and Paragraph 5 of this Law;

( 7) Other situations stipulated in laws and administrative regulations.

Article 48 Legal consequences of illegal rescission or termination of a labor contract

If an employer violates the provisions of this law to rescind or terminate a labor contract and the employee requests to continue to perform the labor contract, the employer shall The unit shall continue to perform; if the employee does not require continued performance of the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Violation of legal liability for rescission or termination of labor contract

If an employer violates the provisions of this Law to rescind or terminate a labor contract, it shall comply with Article 47 of this Law Compensation shall be paid to workers twice the prescribed economic compensation standard.

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Scope of application of Article 2

Employers within the territory of the People's Republic of China This law shall apply to the following labor disputes between units and workers:

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, modification, and termination of labor relations and disputes arising from the termination of labor contracts;

(3) Disputes arising from expulsion, dismissal, resignation, and resignation;

(4) Disputes arising from working hours, breaks and vacations, social insurance, Disputes over welfare, training and labor protection;

(5) Disputes over labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

(6) Laws, Other labor disputes stipulated by regulations.

Article 5 Basic Procedures for Handling Labor Disputes

If a labor dispute occurs and the parties are unwilling to negotiate, fail to reach an agreement, or fail to perform the settlement agreement after reaching it, they may apply for mediation to the mediation organization; If you wish to mediate, but if mediation fails or if the mediation agreement is not fulfilled after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Commission for arbitration; if you are dissatisfied with the arbitration award, you may file a lawsuit with the People's Court, unless otherwise provided in this law.

C. Do I need to use a computer to sign a labor contract?

To sign a labor contract, the employer must file the labor contract with the Labor Bureau and provide a copy of the labor contract. Go to the Social Security Bureau to buy social insurance for employees.

D. Regarding computer work, does the country have any labor protection regulations?

There are no labor protection regulations specifically for the computer industry

Only those who suffer from the disease are listed by the Ministry of Health. Entered the occupational disease directory (//202.99.23.199/page/secondbrw.cbs?rid=4&order=35&result=c%3A%5Ctemp%5Ctb *** ase%5CD2750AA%2Etmp&page=allindex&f=&field=&transword=++%D6% B0%D2%B5%B2%A1&dkall=1) diseases can receive relevant treatment according to the Occupational Disease Prevention and Control Law

At present, there seems to be no data to prove the impact of radiation on people and the occupational diseases that may be caused

It’s just that the labor law generally stipulates that labor safety and health facilities must meet national standards

E. How to take the national labor department computer grade certificate

Application conditions:

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1. Computer professional and technical personnel:

The labor tools are computer equipment and its systems, and the knowledge system is computer professional knowledge. Such as: computer software developers, computer debugging and testing personnel, computer equipment maintenance personnel, computer network managers, etc.

2. Computer application operators:

The main tools and equipment are computers and their systems, and the main technology is computer application technology. Such as computer information management personnel, computer graphics personnel, computer-aided design personnel, computer typesetting personnel, computer web page production personnel, computer multimedia production personnel, etc.

3. People who need to apply computer technology in other occupations:

People who use computers as a tool and use computer technology to assist in completing professional activities to improve efficiency and technical content.

For example, agency staff use office software and the Internet, accountants use accounting software, engineering and technical personnel use Auto CAD, and graphic and image designers use Photoshop, 3DStudioMAX, CorelDraw, etc.

(5) Are computers considered labor conditions? Extended reading:

Examination content:

Level 1

Assessment of basic knowledge of microcomputers and Basic skills in using office software and the Internet (Inter).

Examination subjects: Level 1 MS Office, Level 1 WPS Office, Level 1 Photoshop application, Level 1 new subject "Network Security Quality Education" - the first examination will be held in September 2018

Level 2

Tests basic computer knowledge and basic skills in using an advanced computer language to write programs and debug on a computer.

Examination subjects: Language Programming (C, C++, Java, Visual Basic, WEB Programming, new "Python Language Programming" subject - first test in September 2018), Database Programming (Visual FoxPro has been canceled - December 2017 is its last group exam, Access, MySQL), Office software advanced application (MS Office advanced application)

Level 3

Divided into There are five subjects: "Embedded Technology", "Information Security Technology", "Database Technology", "Network Technology" and Software Testing Technology. "Information Security Technology" assesses basic knowledge of computer information management applications and basic skills in the development and maintenance of management information system projects and office automation system projects.

"Database Technology" assesses the basic knowledge of database systems and the basic functions of database application system project development and maintenance; "Network Technology" assesses the basic knowledge of computer networks and the basic skills of computer network application system development and management.

Level 4

Computer level 4 includes five subjects: software testing engineer, network engineer, information security engineer, embedded system development engineer, and database engineer

Level 4 The network engineer certificate shows that the holder has the basic ability of network system planning and design, masters the basic technologies of small and medium-sized network system construction, equipment configuration and debugging, masters the basic technologies of on-site maintenance and management of small and medium-sized network systems, and can engage in computer network planning , design, establishment and management related work.

The Level 4 Database Engineer Certificate shows that the holder has mastered the basic theory and technology of database systems, can use SQL language to establish, maintain and manage databases, and has the ability to use tool software to develop basic database application systems. Be competent in the maintenance, management and application development of small and medium-sized databases.

The Level 4 "Software Test Engineer" certificate indicates that the holder has basic knowledge of software engineering and software quality assurance, masters the basic theories, methods and techniques of software testing, understands the specifications and standards of software testing, and is familiar with Software testing process.

Have the ability to formulate software testing plans and outlines, design test cases, select and use testing tools, perform software testing, analyze and evaluate test results, and participate in software testing process management to meet the requirements of software testing positions.

F. Is the computer grade certificate issued by the Labor Bureau or the Personnel Bureau

The national computer grade certificate is issued by the Examination Center of the Ministry of Education, and the computer professional qualification certificate is issued by the Labor Bureau. (This certificate can be obtained with money)!

G. Does computer attendance count as evidence?

If it does count as evidence, when a labor dispute occurs, the employer is responsible for providing proof of attendance records. If the employer fails to provide them, it shall bear adverse consequences.

According to the "Labor Arbitration Law"

Article 6 When a labor dispute occurs, the parties concerned are responsible for providing evidence for their claims. If the evidence related to the disputed matter is under the control of the employer, the employer shall provide it; if the employer fails to provide it, it shall bear adverse consequences.

According to the "Notice on Matters Concerning the Establishment of Labor Relations"

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining that a labor relationship exists between the two parties:

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(1) Wage payment vouchers or records (employee wage payment roster), records of payment of various social insurance premiums;

(2) "Work permit" issued by the employer to the worker , "Service Certificate" and other documents that can prove identity;

(3) Recruitment records such as "Registration Form" and "Registration Form" filled in by workers;

(4) Attendance records;

(5) Testimonies of other workers, etc.

Among them, the employer bears the burden of proof for items (1), (3), and (4).

H. Is computer maintenance physical labor or intellectual labor?

They cannot be separated. Many things need to be viewed from two aspects. There is no absolute physical and mental work. Take the workers at the construction site as an example. Perhaps many people think that they all sell their labor force. Indeed, they mainly sell their labor force to make money. However, when they are constructing, they also have to think about how to build this place best. . Therefore, most jobs are a combination of mental work and physical work.

I. Does the labor law stipulate that office equipment such as computers must be provided by the employer?

The employer should provide workers with conditions that meet their work needs. Since the nature of your job requires a computer, the employer should provide it.

J. The company did not mention my labor conditions and locked my computer even though I had no work and I made mistakes. What should I do if I want to go to arbitration? Do I need to resign first?

Employer Failure to assign jobs to workers and failure to pay wages constitutes the employer's termination of the labor relationship between the two parties.

If the employer fires the employee without reason, the employee can apply for labor arbitration to request compensation. The standard of compensation is 2 months' salary for every year of work.

1. Go to the Labor Dispute Arbitration Committee within the local Human Resources and Social Security Bureau (formerly the Labor Bureau) to apply for labor arbitration. When filing a case, you need to bring: 2 copies of the arbitration application and a copy of the applicant’s ID card 1 copy; 2 copies of relevant evidence and evidence list; industrial and commercial registration information of the employer (registration information is not required in Beijing)!

2. After submitting the materials, the arbitration committee will register the case within 5 working days, and then give both parties a period to present evidence and a period for the other party to respond; then a court hearing will be held, and then both parties will be mediated. If the mediation fails, the arbitration committee will issue an award. ; The labor arbitration case will be concluded within 60 days; if the employee is not satisfied with the award, the worker can sue to the court;

3. Instead of hiring a local lawyer to represent you, ask a professional to provide remote guidance services and write a labor arbitration application and evidence. List and other legal documents. And during the application for labor arbitration, workers will not be delayed from going to work in their new unit!

Article 47 of the "Labor Contract Law" states that economic compensation shall be 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.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region for the previous year published by the municipality or districted municipality where the employer is located, the standard of economic compensation paid to him shall be based on the employee’s standard. An amount of three times the average monthly salary shall be paid, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

Article 48 If the employer violates the provisions of this Law to terminate or terminate the labor contract, and the employee requires the continued performance of the labor contract, the employer shall continue to perform the labor contract; the employee does not require the continued performance of the labor contract or the labor contract If it is no longer possible to continue to perform, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 If an employer violates the provisions of this Law by rescinding or terminating a labor contract, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.