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What Should Private Enterprises Do Not Sign Labor Contracts?

2010/10/30 17:55:00 87

Labor Relations In Employer'S Labor Contract Law

   Labor Contract Law The tenth is to establish. Labor relations A written labor contract shall be concluded. Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment. Where a labor contract is concluded between the employing unit and the laborer before the employment, the labor relationship shall be established from the date of the employment.


Thirty-fifth article Employers and The workers can change the content stipulated in the labor contract by consensus. Change of labor contract shall be in written form. The employer and worker shall hold one copy of the revised labor contract.


Seventy-seventh, if the workers' legitimate rights and interests are infringed upon, they shall have the right to require relevant departments to deal with the matter according to law, or apply for arbitration or litigation in accordance with the law.


Seventy-eighth, the trade unions shall safeguard the legitimate rights and interests of labourers in accordance with the law, and supervise the employing units' performance of labor contracts and collective contracts. If the employing unit violates labor laws, regulations, labor contracts and collective contracts, the trade union shall have the right to put forward opinions or requests for rectification. If the workers apply for arbitration or initiate a lawsuit, the trade union shall give support and assistance in accordance with the law.


Article seventy-ninth any organization or individual shall have the right to report violations of this law, and the labor administrative department of the people's government at or above the county level shall promptly verify and handle it, and reward the meritorious service members.


The eighty-second employer shall not pay a written labor contract with a worker for more than one month after the date of his own employment, and shall pay two times the monthly salary to the laborer. If the employer fails to conclude a labor contract without a fixed term in violation of the provisions of this law, he shall pay the laborer two times the monthly salary from the date of the conclusion of the contract.


The labor contract law adopted by the Standing Committee of the National People's Congress on the 29 day has increased the legal liability of the employer for breaking the written labor contract. The labor contract law stipulates that the employer shall pay the laborer two times the monthly salary if he fails to conclude a written labor contract with the employee for more than one month after he has been employed for more than one month. If the employer fails to conclude a written labor contract with the employee for a full year after the day of his own employment, he shall pay two times the wages in accordance with the above provisions, and shall also be deemed to have made an unfixed term labor contract between the employer and the employee.

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