The hottest interpretation of the labor contract l

2022-08-13
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Interpretation of the labor contract law: only two cases of resignation require liquidated damages

from January 1 next year, the labor contract law will be implemented. The labor contract law will make up for the defects in the management of labor contracts since 1995 and protect the rights and interests of workers more comprehensively

probation period

the longest period shall not exceed 6 months

the labor contract law clearly stipulates the probation period. The same employer and the same worker can only agree on one probation period; The salary during the probation period shall not be lower than the lowest salary for the same position in the unit or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located; During the probation period, the employer shall not terminate the labor contract unless the worker does not meet the employment conditions, seriously violates discipline, expires the medical treatment period or is incompetent

after the implementation of the labor contract law, the probation period shall not exceed 6 months. In the labor contract law, the length of the probation period is limited to: if the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; For labor contracts with a fixed term of more than three years or without a fixed term, the probation period shall not exceed 6 months; A probation period shall not be stipulated in a labor contract with a term of completion of a certain task or if the term of the labor contract is less than three months

employers need to sign a contract before probation, and the probation period is included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract

fixed term contracts

can only be signed twice in succession

it is reported that at present, the short-term situation of contracts in Beijing is relatively serious, and some units even sign contracts every year for seven or eight consecutive years. After the implementation of the labor contract law, this situation will become an illegal act

the employer can only sign fixed-term contracts with employees for two consecutive times at most, and the third time is up to the employees to decide whether to sign fixed-term contracts or non fixed-term contracts. Moreover, in order to avoid the employer terminating the employment after signing the contract twice, whether to sign the contract for the third time should also be decided by the employees

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 enter into a written labor contract with the worker within one year from the date of employment, it shall be deemed that the employer and the worker have entered into an open-ended labor contract

the number of labor contracts signed

from next year

director Li Changbao of the municipal labor and Social Security Bureau reminded employees that the number of consecutive fixed-term labor contracts stipulated in the labor contract law is calculated from the date of implementation of the new law on January 1 next year. In other words, fixed-term contracts have been signed twice in a row before January 1 next year, and no fixed-term contract can be required to be signed directly next year. It is necessary to calculate from January 1 next year. After January 1, fixed-term contracts have been signed for two consecutive times, and the new labor contract law can be applied

at the same time, the labor contract law stipulates that if there are other provisions in laws, administrative regulations or the State Council, public institutions and staff members who implement the employment system conclude, perform, change, dissolve or terminate labor contracts; If there is no such provision, it shall be implemented in accordance with the relevant provisions of the labor contract law

only two cases require liquidated damages for resignation

according to the labor contract law, a worker can resign from the unit by giving 30 days' written notice. If the laborer requests to dissolve or terminate the labor contract, he shall pay liquidated damages in only two cases

first, employers provide special training expenses for workers to carry out professional and technical training. If a worker violates the agreement on the service period, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages required by the employer to be paid by the laborer shall not exceed the training expenses apportioned for the part of the service period that has not been performed

second, for the workers who have confidentiality obligations, the employer can agree on the non competition clause with the workers in the labor contract or confidentiality agreement, and agree to give economic compensation to the high-molecular material industry that relies heavily on imports of high-end products according to the month when buck spritzgussteile formenbau is responsible for the production and manufacture of this bearing plate within the non competition period after the labor contract is lifted or terminated. If a worker violates the agreement of President Xi Jinping's visit system, he shall pay liquidated damages to the employer as agreed

for questions about the labor contract law, readers can call the municipal labor and Social Security Bureau at 12333 for consultation. This newspaper will start a column next week to jointly interpret the labor contract law with the municipal labor and Social Security Bureau. (end)

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