In the fast-paced modern life, the labor contract is an important legal guarantee for every employee to protect their own rights and interests and ensure job stability. Understanding and being familiar with the relevant knowledge of labor contracts can not only help us better protect our legitimate rights and interests, but also provide us with a powerful legal weapon in the event of labor disputes.
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Let's go through it together
Six common questions and answers on employment contracts
to understand and protect their legitimate rights and interests
1
Q: Is it illegal for an employer not to sign an employment contract?
答:
Illegal. Article 10 of the Labor Contract Law of the People's Republic of China stipulates that a written labor contract shall be concluded to establish an employment relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
2
Q: What clauses should be included in an employment contract?
答:
Article 17 of the Labor Contract Law of the People's Republic of China stipulates that an employment contract shall contain the following provisions:
(—) the name, domicile and legal representative or principal responsible person of the employer;
(2) The worker's name, address, and resident ID card or other valid identification number;
(3) The term of the labor contract;
(4) The content of the work and the place of work;
(5) Working hours, rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(8) Labor protection, working conditions and protection against occupational hazards;
(9) Other matters that shall be included in the labor contract as provided by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
3
Q: Under what circumstances will an employment contract be terminated?
答:
Article 44 of the Labor Contract Law of the People's Republic of China stipulates that a labor contract shall be terminated under any of the following circumstances:
(1) The term of the labor contract has expired;
(2) The worker begins to enjoy basic pension insurance benefits in accordance with the law;
(3) The laborer dies, or is declared dead or missing by the people's court;
(4) The employer has been declared bankrupt in accordance with law;
(5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;
(6) Other circumstances provided for by laws and administrative regulations.
4
Q: How should employees protect their rights if the employer is in arrears of wages?
答:
The worker may apply to the local people's court for a payment order in accordance with the law.
According to Article 30 of the Labor Contract Law of the People's Republic of China, an employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
5
Q: What is the solution to the unclear remuneration when there is no written labor contract?
答:
Article 11 of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed upon with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract;
6
Q: How long does it take for a labor dispute to apply for arbitration?
答:
Apply for arbitration within one year. Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.
Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are removed.
In the event of a dispute arising out of arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article, but if the labor relationship is terminated, the application shall be filed within one year from the date of termination of the labor relationship.
Source: Fayinji