The labor contract is commonly known as the "deed of sale", which is such three or two pages of paper, which determines how much we earn every month. As a key contract between labor and management, there are some inconspicuous mysteries hidden in it. If you don't pay attention, it's a loss of real money.
According to Ma Pineapple's many years of workplace experience, the following two places must be clearly seen and carefully before signing the labor contract.
Don't think that the contracts produced by the personnel department are the same, and the labor contract and the labor contract are two different things. Although both types of contracts are contracts in which the specific labor of the worker is the subject of payment, the difference between words is very large.
According to the provisions of Article 16 of China's latest Labor Law, a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.
The labor service contract is an agreement reached by the parties on a certain labor service and the fruits of labor under the condition of equal consultation.
Can't see the difference between the two? Then pick a few of the differences that have the greatest impact on job seekers!
(1) There are differences in the obligations undertaken by enterprises, such as social security contributions
For labor contracts, the employer is not required to pay social security for the labor service personnel, nor is it required to pay overtime expenses, and is not subject to the minimum wage;
For labor contracts, enterprises must pay social security, pay overtime pay, and be bound by the minimum wage.
(2) The methods and amounts of individual taxes are different and vary greatly
For labor service contracts, the labor income of an individual shall be subject to personal income tax on the part exceeding 800, and the tax rate shall be calculated according to the labor fee tax rate table;
For labor contracts, the part of the salary exceeding 3500 yuan is taxed, and the excess progressive tax rate is implemented.
(3) The way of responsibility for labor risks is different, especially work injuries
For labor contracts, since both the enterprise and the individual have a subordination relationship after the establishment of the labor relationship, the employer must bear the responsibility for labor risks that arise in the process of providing labor;
However, in the case of labor contracts, because the individual providing the labor has the right to dispose of the labor by himself, he or she must bear the responsibility for labor risks when there is a labor risk.
These key knowledge points involved in labor laws must be paid more attention to in future job interviews!
For job interviewers, the most important thing in the labor contract that needs to be filled in is the salary.
However, have you ever paid serious attention to the fact that the expression of wages is often divided into two parts: basic salary and performance wage.
For the basic salary, it is often reflected in the contract for a clear amount, whether it is 8,000 or 10,000, and it is a specific number written in the labor contract.
However, for another part of the performance pay, the contract version does not write a specific amount, usually in an ambiguous sentence.
If we stand in the company's perspective, we can also understand this approach, after all, the actual performance of employees in the work is really not accurately predicted. The performance salary that can actually be received every month is more or less, and it is naturally not clearly reflected in the contract.
However, there are always some enterprises that save costs, and for those positions that do not require performance appraisal, the salary expression is also divided into basic salary and performance salary in the contract. The purpose of this is actually to be able to pay social security with a lower base of basic wages, thereby reducing the cost of social security contributions for enterprises.
But then again, some job seekers also want to deduct less social security every month and get more real money and silver wages. Therefore, under the premise of knowingly, it will also acquiesce to such a practice of the enterprise in the labor contract. Since one is willing to fight, one is willing to be beaten, then the horse pineapple is not easy to say anything, just as a friendly reminder.
Part-time workers want to get a high salary, no matter how much they bargain during the interview, when it finally falls on paper, you must read the deed of sale well. Three or two pages of labor contracts, including many word games, we must pay more attention to individual key contents. If there is a dispute, labor arbitration can only recognize the labor contract, you say yes?
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