1. Before entering the job, the employee must carefully read and sign the labor contract, especially the key clauses involving personal rights and interests, which is an effective protection of their legitimate rights and interests.
2. For part-time work, an oral agreement may be concluded, but care should be taken to retain the relevant evidence at the time of the original agreement.
3. If a dispute arises due to failure to sign a contract or an agreement, you can seek help from relevant departments such as human resources and social security in a timely manner, and protect your legitimate rights and interests through formal channels.
Please be sure to understand these knowledge points about labor contracts!
Can I not sign a contract during the probationary period?
A labor contract must be signed during the probationary period!
The Labor Contract Law stipulates that an employer shall establish an employment relationship with an employee from the date of employment. To establish a labor relationship, a written labor contract shall be concluded. 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 fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
Do I need to be signed by both parties to be effective?
Article 16 of the Labor Contract Law stipulates that an employment contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.
Do I sign a labor contract after I become a regular?
Regardless of whether the employer has agreed on a probationary period with the employee, a written labor contract shall be concluded within one month from the date of employment.
Can I reapply for a visa?
According to Article 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary and conclude a written labor contract with the employee.
If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and shall be deemed to have concluded an indefinite labor contract with the employee on the date of the expiration of one year from the date of employment, and shall immediately conclude a written labor contract with the employee.
The content of the labor contract is arbitrary, and there are necessary clauses!
Article 17 of the Labor Contract Law stipulates that an employment contract shall contain the following provisions:
(1) The name, address, and legally-designated representative or principal responsible person of the employing unit;
(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.
Is it necessary to keep an employment contract?
An employment contract is a written agreement between an employer and an employee that establishes the employment relationship and specifies the rights and obligations of both parties. The Labor Contract Law clearly states that a written labor contract shall be concluded to establish an employment relationship. The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.
The employer shall deliver a copy of the labor contract to the employee for retention. If the labor contract is not handed over to the employee for retention, and the employee does not have the labor contract text in his possession, it may be more difficult for the employee to protect his rights in the event of a dispute. The employee may request the employer to keep a copy of the labor contract, or may file a complaint with the local labor and social security supervision department and ask the employer to make corrections.
What should I do if I lose my employment contract?
If the labor contract kept by the employee is lost, the employee may negotiate with the employer to make a copy of the labor contract kept by the employer and have both parties sign and seal it, or re-conclude the labor contract.
How can an employment relationship be proved without a contract?
According to the Notice on Matters Concerning the Establishment of Labor Relations, if an employer has not signed an employment contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
1. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
2. "Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;
3. Recruitment records such as the employer's recruitment "registration form" and "registration form" filled in by the worker;
4. Attendance records;
5. Testimonies of other workers, etc.
Among them, the burden of proof shall be borne by the employer for the relevant documents in items 1, 3 and 4.
Part-time employment does not require a written contract?
Part-time employment parties may enter into an oral agreement.
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.
Editor: Fan Fan
Source: Hebei Daily client