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The labor contract signed between the company and the employee shall be filed in the Labor Bureau. What should I do?
Legal analysis
Labor contract is the basic form of establishing labor relations. It is a common practice all over the world to regard labor contract as the basic situation of establishing labor relations. This is because the delivery process is very complicated and ever-changing. The rights and obligations of contract workers in different industries and units are different in the process of labor. National laws and regulations can only stipulate common problems, but not the specific rights and obligations of the parties, which requires signing labor contracts and clarifying rights and obligations. Labor contract is an important means to promote the rational allocation of labor resources. The employing unit may, according to the depth of business or the needs of work, determine the conditions and methods of employing workers, sign different types of labor contracts with different terms, give full play to the expertise of workers, and rationally use the labor force. Labor contracts are conducive to avoiding or reducing labor disputes. The labor contract clearly stipulates the rights and obligations of the laborer and the employer, which is both a guarantee and a constraint for both parties to the contract, which is helpful to improve the consciousness of both parties to perform the contract and urge both parties to correctly exercise their rights and strictly perform their obligations. Because the conclusion and performance of labor contracts are conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.
legal ground
People's Republic of China (PRC) (China) Labor Contract Law
Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations. When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing. In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation. The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
Article 7 An employing unit shall establish labor relations with laborers from the date of employment. The employing unit shall establish a roster of employees for future reference.
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