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What should temporary workers pay attention to?
In fact, most of the temporary employment mentioned today refers to part-time, which is also commonly known as hourly workers. Naturally, even hourly workers should protect their legitimate rights and interests and sign corresponding employment contracts when providing labor for employers. However, when signing a temporary employment contract, there are also places that need attention.
1. What are the precautions in the temporary employment contract?
1. When signing a contract, workers must first understand the basic situation of the company and judge whether it is a legitimate enterprise. The name, address and telephone number of its legal representative shall be known. This information can be obtained by searching industrial and commercial registration information on the Internet, and it is required to clearly write these contents in the contract.
2. Laborers should be clear about their specific work, and indicate the content and specific location of the work in the contract.
3, labor remuneration should be clear, avoid verbal agreement. What is the standard salary? Is there a bonus? According to what criteria are bonuses paid? These data must be reflected in the contract, don't believe the boss's verbal commitment.
4. Pay special attention to the probation period. The law stipulates that the probation period shall not exceed six months at the longest, and the contract that only stipulates the probation period is invalid. It is cheating to ask workers to leave after the probation period. During the probation period, the employer shall not terminate the labor relationship without reason; Employees can leave their jobs unless they do not meet the recruitment requirements.
5. The payment method and time of labor remuneration should be clear, whether it is cash payment or bank payment. Some units bind workers by withholding one month's salary, which has no legal effect. After the termination of the labor contract, if the employer refuses to provide the withheld labor remuneration, the employee may settle it through labor arbitration.
6. The working hours and working conditions of workers should be clear. Some workers acquiesce in the enterprise's request for severe overtime in order to make more money. This is against the labor law, and now there are more and more wage disputes. In addition, the working environment is toxic and harmful, especially in chemical tanning and shoemaking enterprises, and the working environment that may cause mechanical damage to workers in the mechanical processing industry should be clearly stated in the contract.
Second, do temporary workers have to sign labor contracts?
Temporary workers are a term in the era of planned economy. After the implementation of the Labor Law of People's Republic of China (PRC) and the full implementation of the labor contract system, all employers and employees have fully implemented the labor contract system. In the employer, all kinds of employees enjoy the same rights. Therefore, temporary workers in the past sense no longer exist. The employing unit shall sign various labor contracts with laborers according to law.
For the temporary workers who have worked continuously in this enterprise for 10 years, when renewing the labor contract, the employer shall also conclude an open-ended labor contract with them in accordance with the provisions of the Labor Contract Law, and specify their wages, insurance and welfare benefits in the labor contract. Employers and workers themselves shall pay social insurance premiums in accordance with state regulations and enjoy relevant insurance benefits.
Temporary workers are actually a very old saying, which is aimed at permanent workers. Before the implementation of 1994 "People's Republic of China (PRC) Labor Law", most of our state-owned enterprises were state-owned, and their employment system was that employees would work in the unit until retirement, which was called formal work. Compared with regular workers, some employees recruited by the company are temporary workers needed for temporary work. Because regular workers have to retire, the welfare benefits are usually better when the economic situation of the unit allows; Temporary workers are leaving soon, so the benefits are relatively poor.
However, the promulgation of "People's Republic of China (PRC) Labor Law" has changed the traditional employment system that has been implemented in China for decades, and pushed the concept of labor contract to the whole country. The reason why it has such a transformative effect is that the labor contract system has changed the traditional old concept that the unit does everything. The labor contract raises the issue of the term of the contract, which makes the labor contract face termination. When the labor contract is terminated, the unit can naturally terminate the labor relationship with the employee.
Under this system, there are no permanent or temporary workers. When the Labor Law of People's Republic of China (PRC) was implemented for nearly 10 years, we seldom heard the expression of temporary workers, usually in some state-owned enterprises and state-owned enterprises. As long as the unit has signed a labor contract, it should be regarded as a formal employee of the unit, and the welfare benefits should be handled according to the contract, company rules and regulations or legal provisions.
To sum up, we know that even hourly workers should establish labor relations with employers, and most of the labor contracts signed are open-ended labor contracts. Among them, Bian Xiao has answered the above questions. As far as hourly workers are concerned, the agreed salary cannot be lower than the local hourly wage standard.
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