What Is a Labor Contract?
A labor contract [1] refers to an agreement that establishes a labor relationship between an employee and an employer and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The labor contract concluded in accordance with the law is immediately legally binding, and the parties must perform their obligations under the labor contract. [2]
Labor Contract
(Agreement between laborers and employers to clarify the rights and obligations of both parties)
Labor contract [1]
The labor relationship refers to the social labor relationship between the laborer and the employer (labor user) in the process of using labor capacity and realizing labor by the laborer. Due to China's fierce employment competition and the development history of the Labor Contract Law, the unequal status of employers and laborers in labor relations has led to the existence of de facto labor relations. A labor contract is a legal form of labor relationship establishment, change, and termination. according to"
In addition to the common characteristics of the contract, the labor contract has its own unique characteristics: [2]
1. A labor contract is the basic form of establishing labor relations. Taking labor contracts as the basic situation for establishing labor relations is a common practice in countries around the world. This is because the labor process is very complex and ever-changing. The rights and obligations of laborers in different industries and contract units in the labor process are different. National laws and regulations can only provide for common issues, and it is impossible for the parties to The rights and obligations are stipulated, which requires the signing of a labor contract to clarify the rights and obligations.
2. Labor contracts are an important means to promote the rational allocation of labor resources. Employers can determine the number of conditions and methods of hiring workers according to their deep sense of business or work needs, and by signing different types of labor contracts of different durations, they can give full play to the laborer's expertise and make reasonable use of labor.
3. Labor contracts are conducive to avoiding or reducing labor disputes. The labor contract clearly stipulates the rights and obligations of workers and employers, which is both a guarantee and a constraint for both parties to the contract. It helps to improve the consciousness of both parties in fulfilling the contract, and promotes the parties to exercise their powers and perform their obligations strictly. The conclusion and performance of labor contracts are conducive to avoiding or reducing the occurrence of labor disputes, and to stabilize labor relations. [2]
According to Articles 18 and 19 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, labor contracts include "fixed-term labor contracts", "non-fixed-term labor contracts", and "single labor contracts."
One,
The content of the labor contract can be divided into two aspects, one is a must
Article 3 of the Labor Contract Law stipulates that the following principles shall be observed in the conclusion of labor contracts: [2]
Signing notes for ordinary employees
I. Signing time of labor contract
A written labor contract can be concluded within one month from the date of employment. Otherwise, the employer must pay double wages to the workers. If no written labor contract has been signed with the worker for more than one year since the date of employment, the two parties shall be deemed to have formed an open-term labor contract.
Second, the duration of the labor contract
There are three types of labor contract terms: a labor contract with a fixed term, a labor contract with no fixed term, and a labor contract with a deadline to complete a certain job. Therefore, when an employer and a laborer sign a labor contract, they should negotiate and determine the term of the labor contract according to the needs of both parties. At the same time, if there is an agreed probation period, the probation period is included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not valid, and this period is the term of the labor contract. And if a labor contract with a period of time to complete a certain job or the duration of the labor contract is less than 3 months, the probation period shall not be agreed in accordance with the provisions of the Labor Contract Law.
Pay special attention to part-time workers
1,
1. Fulfill the principles in person. A contract is an agreement between the parties to establish, change, or terminate civil rights and obligations. In general, the parties must adhere to the principle of personal performance.
2,
The modification of the contract refers to the amendments and additions made by the parties to the content of the contract after the contract has been established, but not yet performed or fully performed. Article 35 of the Labor Contract Law stipulates that the employer and the employee can change the content agreed in the labor contract through consultation. Labour contracts should be changed in writing. Its characteristics are as follows: 1. The contract must be negotiated and agreed by the parties, and a change agreement must be reached on the basis of the original contract. 2. The change of the contract content refers to a partial change of the contract content, not the entire change of the contract content. 3. The contract After the change, the changed part of the original contract is performed according to the changed content, and the unchanged part of the original contract is still valid, that is, the change of the contract has not eliminated the original contract relationship, but only partially modified the content of the original contract. [2]
The termination of the contract includes the termination of both parties and the unilateral termination. Termination by both parties is a new contract entered into by the parties in order to eliminate the original contract, that is, the termination of the contract. Unilateral rescission refers to the extinction of the validity of the contract by one party by exercising the statutory rescission right or the agreed rescission right. [2]
Article 23 of the Labor Law stipulates that a labor contract shall be terminated upon expiry of the labor contract or termination of the labor contract as agreed upon by the parties.
Employee refuses to sign labor contract
Within one month from the date of employment, if the employee refuses to sign a labor contract with the employer after written notification from the employer, the employer may notify the employee in writing to terminate the labor relationship, and the employer does not need to make any compensation to the employee, but should Pay laborers remuneration for their actual working hours in accordance with the law;
Employer refuses to sign labor contract
1. If the employer refuses to sign a labor contract with the employee, the employer shall compensate the employee for double the salary.
2. If the employer does not conclude a written labor contract with the employee for one year from the date of employment, it is deemed that the employer and the employee have entered into an open-term labor contract. At this time, if the employer does not enter into a non-fixed-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date when the non-fixed-term labor contract is concluded.
3. If the employer refuses to enter into a labor contract with the employee and then dismisses the employee, the employee shall be compensated for economic compensation. If it is dismissed illegally, the employee shall be required to pay economic compensation. [4]
An invalid labor contract refers to a labor contract that does not meet the legally effective conditions. Invalid labor contracts are not legally binding from the time they are concluded. If part of the labor contract is confirmed to be invalid, if the validity of the remaining part is not affected, the remaining part is still valid. The invalidity of a labor contract shall be confirmed by the labor dispute arbitration commission or the people's court. The causes of invalidity are generally as follows:
1. The contract subject is unqualified. If the employed party provides a fake education, degree, major
Law of the People's Republic of China on Labor Mediation and Arbitration [8]
Labor contract pictures
Numbering_______________
Name_______________
Yunnan labor contract
Printed by the Human Resources and Social Security Department of Yunnan Province
Instructions for signing labor contracts
I. This sample of labor contract is formulated in accordance with the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Ministry of Labor and Social Security and the relevant provisions of Yunnan Province.
2. The conclusion of labor contracts shall follow the principles of lawfulness, fairness, equality, voluntariness, consensus and good faith.
3. The labor contract should be filled in carefully with a pen or writing brush. If there is an agreed matter, after reviewing the record number, both parties sign and seal it and insert it in loose-leaf form. The content of the labor contract must not be altered. Signing without legal authorization is invalid.
4. The labor contract is binding after it is concluded in accordance with the law. The employer and the laborer shall fully perform their respective obligations in accordance with the labor contract.
5. If the contract terms are changed during the term of the labor contract or the labor contract needs to be renewed upon expiry, the relevant "Agreement" signed shall be attached.
Brief description of Party A (employer)
name | |
address | |
Ownership | | Legal representative | |
Remark | |
Concise information of Party B (worker)
Name | | gender | | Date of birth | | According to sheet |
Nation | | Educational level | | Hometown | |
Resident identity card number | |
Title or technical level | | technical expertise | |
address | |
My resume (including main education) | Year to year | Where do you work (type of job) |
| Year to year | |
| Year to year | |
I. Duration of the labor contract
Article 1 Fixed term: The term of this contract starts from ________ year ____ month ____ to ________ year ____ month ____. Among them, the probation period starts from ______ year ____ month ____ to ______ year ____ month ____.
No fixed term: The term of this contract starts from ________year____month____. Among them, the trial period starts from ________ year ____ month ____ to ________ year ____ month ____.
The deadline is to complete work tasks such as ________________________________________: This contract is from ________ year ____ month ____ day and is expected to ________ year ____ month ____ day. After the work task is completed and accepted by Party A, this contract shall be terminated immediately.
Work content and work place
Article 2 Party A arranges for Party B's job (type of work) to be _____________ and the working place to be __________________. Due to the needs of production work, both Party A and B can agree to change the position (type of work) and work place.
Protection of labor, working conditions and occupational hazards
Article 3 Party A shall abide by national laws and regulations, establish and improve labor rules and regulations in accordance with law, and guarantee Party B's enjoyment of labor rights and performance of labor obligations. Party B shall consciously safeguard the national interests and the legitimate rights and interests of Party A, abide by the various rules and regulations formulated by Party A in accordance with national laws and regulations, and obey Party A's work arrangements within the scope of its duties.
Article 4 Party A shall provide Party B with labor safety and sanitary conditions and necessary labor protection articles in accordance with national regulations. For those engaged in occupational hazard operations, regular health inspections are conducted in accordance with national regulations. Party B shall conscientiously perform its work responsibilities, take care of production tools and equipment, and complete the work tasks or labor quotas specified by Party A on time, quality and quantity.
Article 5 Party A shall provide Party B with safety education and provide Party B with vocational skills training necessary for his job.
Article 6 Party B shall keep Party A's commercial secrets. Those who violate Party A's confidentiality obligations and cause losses to Party A shall bear economic compensation liability.
Fourth, working hours and rest
Article 7 Party A arranges Party B to implement the ____________ working system.
For the implementation of the standard working system, Party A arranges that Party B's daily working time shall not exceed eight hours, and the average weekly operation shall not exceed 40 hours. Party A guarantees that Party B has at least one day off per week. Due to work requirements, Party A may extend the working hours after consultation with the trade union and Party B. Generally, it shall not exceed one hour per day. If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed the daily limit under the conditions to ensure the health of Party B. Three hours, no more than 36 hours per month.
For the implementation of the comprehensive calculation of working hours, the average daily and average weekly working hours shall not exceed the legal standard working hours.
In the case of an irregular working system, Party B shall make arrangements for work and rest on the condition that Party A's tasks are completed.
Article 8 Party A implements Chapter IV of the Labor Law of the People's Republic of China and the relevant provisions of the State on rest and vacations, and guarantees Party B's rest and vacation rights.
V. Labor remuneration
Article 9 After Party B has provided Party A with normal labor during the legal working hours, Party A shall pay the wages on time not less than the minimum wage standard set by the provincial people's government. During the performance of the contract, the wages paid by Party A to Party B are: Among them, the wages during the probation period are: _______.
Article 10 In the case of non-Party B reasons, Party A shall pay Party B's basic living expenses during the period of standing, the standard of which is: _______________________.
Article 11 During the performance of the labor contract, Party A shall adjust Party B's labor remuneration in accordance with the relevant provisions of Party A depending on the production and operation situation and Party B's work performance.
6. Social insurance and welfare benefits
Article 12 Party A pays various social insurances for Party B according to law, which are part of Party B's personal payment. Party A withholds from Party B's wages. Party A accepts Party B's inquiry about the payment.
Article 13 During Party B's performance of the contract, social insurance and welfare benefits such as illness, injury, work-related disability, occupational disease, retirement, death, and childbirth of female employees shall be implemented in accordance with national laws and regulations and labor regulations formulated by Party A in accordance with the law .
Cancellation, termination and renewal of labor contracts
Article 14 During the period of performance of the contract, if Party A and Party B need to terminate or terminate the labor contract, they shall follow the relevant provisions of Chapter IV of the Labor Contract Law of the People's Republic of China.
Article 15 Party A shall pay Party B economic compensation if it meets the conditions stipulated in Article 46 of the Labor Contract Law of the People's Republic of China. Financial compensation is paid when both parties handle the transfer of work.
Article 16 30 days before the expiry of a fixed-term labor contract, Party A shall notify Party B of its intention to terminate or renew the labor contract. At that time, procedures for termination or renewal will be processed.
Article 17 When Party A terminates or terminates the labor contract, Party A issues a certificate for termination or termination of the labor contract, and within 15 days, completes the procedures for the employee to complete the file and transfer the social insurance relationship. Party B shall handle the transfer of work in accordance with the agreement between the two parties.
Eight, agreed matters
Article 18 After the two parties have reached consensus, the following amounts have been agreed: (select )
(A) see the inserted loose leaf (b) no
Nine, other
Article 19 If labor disputes occur during the performance of this contract between the two parties, they shall be settled through consultations on an equal basis. When the negotiations are invalid, they may apply for mediation, arbitration, and bring a lawsuit in accordance with legal procedures.
Article 20 During the contract period, if the stipulated terms are inconsistent with the labor laws and regulations promulgated by the state, both parties A and B shall implement the new regulations.
Article 21 This labor contract is in triplicate, each of which is held by Party A and Party B, and a file of Party B is kept, which takes effect from the date of signing.
Party A: (Seal) Party B: (Signature)
Legal Representative (Agent): (Signature)
Contract signing date:
