The labor contract is a written agreement between the employer and the employee to establish the labor relationship and clarify the rights and obligations of both parties.
10. What is labor dispatch?
Answer:
Labor dispatch refers to a form of employment in which a labor dispatch entity concludes a fixed-term labor contract with a dispatched worker for more than two years, dispatches the dispatched worker to work in the employing unit in accordance with the labor dispatch agreement signed with the employing unit, and the dispatched worker is managed by the employing unit.
11. In which positions can labor dispatch be implemented?
Answer:
According to Article 66 of the Labor Contract Law, labor dispatch can only be carried out in temporary, auxiliary or substitute positions. Temporary jobs refer to posts that last for no more than six months, auxiliary jobs refer to non-main business posts that provide services to the main business posts, and substitute jobs refer to posts in which the employees of the employer are unable to work for a certain period of time due to full-time study, Xi, vacation, etc., and can be replaced by other workers. Employers should strictly control the number of dispatched workers, and the number of dispatched workers should not exceed 10% of their total number of employees. Dispatched workers have the right to equal pay for equal work with the employees of the employing entity.
12. What is part-time employment?
Answer:
Part-time employment refers to a form of employment in which the average daily working hours of an employee in the same employer do not exceed 4 hours, and the cumulative working hours per week do not exceed 24 hours.
13. Can a part-time employee conclude an employment contract with more than one employer?
Answer:
A worker engaged in part-time employment may conclude a labor contract with one or more employers, provided that the labor contract concluded later shall not affect the performance of the labor contract concluded earlier.
14. Can a branch of an employer conclude an employment contract with an employee?
Answer:
According to Article 4 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, a branch established by an employer may conclude a labor contract with an employee as an employer if it obtains a business license or registration certificate in accordance with the law.
15. How to deal with the employee's refusal to sign a written labor contract within one month from the date of employment?
Answer:
According to Article 5 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if the employee does not enter into a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the employment relationship.
16. If an employee refuses to sign a written labor contract within one month from the date of employment, should the employer pay economic compensation to the employee if the employee terminates the labor relationship?
Answer:
According to Article 5 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if an employee refuses to sign a written labor contract within one month from the date of employment, and the employer terminates the employment relationship with the employee, the employer shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for the actual working hours in accordance with the law.
17. How to deal with the refusal of a worker to sign a written labor contract for more than one month but less than one year from the date of employment?
Answer:
According to Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if the employee does not conclude a written labor contract with the employer for more than one month but less than one year from the date of employment, the employer shall notify the employee in writing to terminate the employment relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
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Human Resources and Social Security Micro Classroom | What you should know about employment contracts!
Organizer: Fuzhou Municipal Bureau of Human Resources and Social Security
Operation: New Media Center of Fuzhou Daily
Producers: Zhang Xunjie, Wang Weiya, Ke Yufan, Wu Wenlin
Source: Fuzhou Municipal Human Resources and Social Security Bureau
Source: Fuzhou People's Society