Welcome toHarbin Talent Network
About us | Add to Favorites | Contact us | 中文版
Position:home>Raiders career>
Worker " labor contract law " thought fors the time being 10 old strategies
From;    Author:Stand originally

" labor contract law " will carry out formally on January 1, 2008, before carrying out, unit of a lot of choose and employ persons begins to make various countermeasure and plan. Then, company do a crash job cuts down the member of persons employed in great quantities, the enterprise edits original labor contract, more the enterprise is driven in " labor contract law " before carrying out, make new labor contract answer in the light of this law " labor contract law " be omited mediumly and be short of regret, strive for before new law is carried out the autograph is made an appointment with, fulfill. Our newspaper reporter should be target to ” with the “ of the enterprise, interviewed net of law of resource of manpower of partner of office of attorney of the heart on Beijing, Beijing chief attorney Liang Feng, ask him to be carried to broad laborer wake, so that can be in,will come " labor contract law " the rights and interests that oneself safeguard better below setting.

(One)
Reporter: After building labor to concern, unit of what circumstance choose and employ persons need not sign written labor contract?
Liang Feng: " labor contract law " stem from protection laborer interest and convenient the consideration that settles dispute, emphasize concluding very much written labor contract, set two kinds of penalty. But, do not exceed 4 hours to day-to-day work, weekly job does not exceed blame full-time of 24 hours to use worker worker, unit of choose and employ persons can conclude with its oral labor contract, do not accept afore-mentioned conditional restriction.
Accordingly, to the enterprise, after building labor to concern with laborer, sign written labor contract for avoid, if claim to establish the working relationship that is not full-time with laborer, be not full-time to use worker worker however, can conclude with laborer oral labor contract. In addition, unit of choose and employ persons still can think to did not build ” of “ working relationship with laborer however ” of “ service concern, escape thereby " labor contract law " restrain and administer.

[laborer countermeasure]
Judge the relation between oneself and unit of choose and employ persons: Whether to concern without labor truly? The work that whether finishs with labour for full-time truly concerns? If answer be affirmation, servantchoose a person for a job the unit must sign written labor contract with laborer.

(2)
Reporter: Unit of choose and employ persons discovers laborer is dishonest, OK does the name of “ con ” state the contract is invalid?
Liang Feng: " labor contract law " regulation, unit of choose and employ persons is in action when using worker, ought to inform harm of requirement of worker job content, work, workplace, profession according to the facts. But at the same time, also stipulate unit of choose and employ persons also has authority to know the fundamental condition with laborer and labor direct and relevant contract, fundamental to involving the oneself that signs labor contract condition, obtain employment experiences laborer, whether had sufferred criminal punishment to wait even, have the obligation that explains according to the facts. In real life, if appear,laborer signs the condition of labor contract with fraudulent means and unit of choose and employ persons, unit of choose and employ persons can remove for this not only labor contract, still may apply for labor dispute to arbitrate committee maintains this contract to be based on laborer with this even con and invalid.
Previous12 Next