This year is the implementation of the labor law 22nd anniversary, 22 years since the implementation of the labor contract law, especially in 2008, the labor dispute cases have increased rapidly. It has become the second major type of case only after marriage cases. In the economically developed areas, labor disputes dispute is the first major type of economic dispute, and it has a continuous growth trend. According to statistics, in 2014, there were 1 million 200 thousand cases of labor disputes in the whole country. Labor legal risk management has become an extremely important part of enterprise legal risk management. In order to help the customers to comprehensively strengthen the labor law risk management and reduce the labor litigation, the deep Ping team has carried out a series of articles on the law of deep Ping in order to help the customers to comprehensively strengthen the labor law risk management and reduce the labor litigation. It is hoped that it will be helpful for business managers, especially HR.
The influence of the current labor contract law on the enterprise
&ldquo by Professor Zhang Wuchang, an internationally renowned economist; the chief culprit of the factory was ” and “ the world factory was defeated by ” and Professor Liang Huixing of our country's chief civil law scientist was criticized as “ there was a problem from the guiding ideology to the interior design, and the ” “ What is the impact of the labor contract law on the enterprise and the main body of the employment? &rdquo.
1. Stricter requirements for the establishment of enterprise management system
the company formulating or revising the rules and regulations is legal, also requires the legal procedure, and requires the establishment of the enterprise related management system according to the democratic procedure.
The labor contract law stipulates that, when formulating and modifying regulations and rules and regulations, such as labor remuneration, working time, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, and other important items that directly relate to the vital interests of the workers, the workers' Congress shall be passed by the staff congress or All staff members discussed, put forward methods and opinions, and agreed with the trade unions or representatives of staff and workers on an equal footing. In the process of implementation of the system and major events, the trade union or the staff and workers consider it inappropriate, and have the right to propose to the employer, and to amend it through consultation. And the units shall decide to publicized or inform the workers of these rules and regulations and major matters.
Two. Stricter requirements for the management of labor contracts
(1) when the labor contract is concluded, the employer shall bear the following legal obligations:
1. the employer has the active and truthful obligation to inform the workers, including the facts, the working conditions, the place of work, the occupational hazards, the condition of safety production and the remuneration of labor.
2. the employer shall not detain the identity card and other documents of the labourer, and shall not require the laborers to provide a guarantee or to collect the property from the laborers in other names.
3. within one month from the date of the use of the employee, the employer shall conclude a written labor contract with the employee.
(two) a written labor contract signed between an employer and a laborer shall have the following terms:
1. the employer's name, residence, legal representative or principal person in charge;
2. worker's name, address and identity card or other valid certificate number;
3. the term of labor contract;
4. the content of work and the place of work;
5. working hours and rest and vacations.
6. labor remuneration;
7. social insurance;
8. labor protection, labor conditions and occupational hazards protection;
9. laws and regulations shall be included in other matters of the labor contract.
(three) the employer should have a fixed term labor contract with the workers who meet the requirements:
employers and workers can conclude an unfixed term labor contract through consultation. In the case of one of the following cases, the labourer puts forward or agrees to renew or enter into a labor contract, and shall conclude a labor contract without a fixed term except for the labourer to enter into a fixed term labor contract.
1. the worker has worked continuously for ten years in the employing unit.
2. the two fixed term labor contracts are concluded continuously, and the labor contract shall be renewed by the labourers without the thirty-ninth and the fortieth first or second provisions of the labor contract law.
Three. The increase of labor cost
The labor contract law stipulates that the employer shall pay the economic compensation if the labor contract expires when the labor contract expires, except that the employer maintains or improves the contract of the labor contract to renew the labor contract, and if the laborer does not agree to the renewal of the contract.
Four. Increasing the cost of illegal enterprises
1. the employer fails to sign a written labor contract on time, and shall pay two times the wages of the laborer who has not signed a written labor contract.
TwoIf the employer violates the provisions of the labor contract law, it shall pay compensation for illegal termination or termination of labor relations in order to terminate or terminate the labor contract.
Five, employees' liability for breach of contract is limited
The twenty-fifth article of the labor contract law stipulates that: “ in addition to the twenty-second and twenty-third provisions of this law, the employer shall not agree with the labourer to bear the payment of the breach of contract. &rdquo, in addition to the Contractual service period and the agreement on the business secrets of the conservative employer and the confidentiality related to intellectual property, the laborers no longer bear the breach of contract. In addition to the above circumstances, the employer can not agree with the laborer on the liability for breach of contract.
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