Interpretation of the Shandong labor contract Ordinance: double pay is not renewed in time.
author Chen Ke / > author Li Menghao
workers' labor contract expired for one month. If the enterprise does not renew the contract, the employee must be paid double wages. Yesterday, the reporter learned from the Provincial Bureau of people's society that the third meeting of the twelve NPC Standing Committee of Shandong was voted on the "Shandong labor contract regulations (Revised Draft)", which was implemented since October 1st this year. The regulations require that labor dispatch can only be carried out on temporary, auxiliary or alternative jobs; if the worker is identified as a grade one to four disability in the unit because of the injury or occupational disease in the unit, the labor relationship with the employer should be retained.
key words: contract renewal of
new revised regulations that do not renew a double wage in time,
the regulations stipulate that the employer and the laborer agree to conclude a fixed term labor contract, a non fixed term labor contract or a labor contract with the deadline for completing a certain task; employers and labor If a fixed term labor contract is concluded again within three months from the date of terminating or terminating the fixed term labor contract, the two fixed term labor contract shall be concluded continuously.
when the labor contract expires, the employer has not renewed the labor contract with the labourer, but the laborer continues to provide labor with the employer, the employer shall renew the labor contract with the laborer within one month from the date of the expiration of the labor contract. It shall pay two times the salary of the labor contract that has not been renewed for more than a year with the laborer without the renewal of the labor contract with the laborers; it is considered that the employer and the laborer have entered into a non fixed term labor contract without a renewal of the labor contract with the laborers for more than one year.
keyword: labor dispatch
only allow three types of posts to use
in recent years, the implementation of labor dispatch system has aroused widespread concern in the society. The newly revised regulations stipulate that labor dispatch is a supplementary form of labor contract employment, and can only be implemented on temporary, auxiliary or alternative jobs.
experts introduce that temporary jobs refer to posts with a duration of less than six months; auxiliary jobs refer to non main business posts that provide service to the main business posts; alternative jobs refer to workers in the employment unit that can not work due to the study of off production, off leave and other reasons, and can be made up within one year. The replacement of a job by other workers. According to the regulations, employing labor dispatching workers can not exceed 10% of the total number of employees.
key words: employee guarantee
to dismiss the sick employees to compensate
in the protection of workers' rights and interests, regulations stipulate that the workers are ill or are not injured by the workers, and the employers should arrange appropriate work according to the worker's physical condition after the prescribed medical period. The labor contract can be relieved after payment of compensation by the employer.
worker in this unit is injured or suffering from occupational disease in this unit, the labor ability appraisal committee of the city above the district confirms the loss or partial loss of labor ability, and has been identified as grade 1 to grade four, and should retain the labor relations with the employer and withdraw from the job. If workers who have been injured or suffering from occupational diseases are identified as grade five and six, they can retain the labor relations with the employers and arrange the appropriate work by the employers. Among them, if the laborer himself proposes to terminate or terminate the labor contract with the employing unit, the social insurance agency or the employer shall pay the disposable injury medical aid and the disability employment grant in accordance with the relevant regulations.
if workers who are injured or suffering from occupational diseases are identified as grades seven to ten, the labor contract expires, or if the labourer himself puts forward the termination of the labor contract, the social insurance agency or the employer shall pay the disposable injury medical treatment grant and disability employment grant in accordance with the relevant regulations. The employer shall, within 15 days from the date of issuing or terminating the proof of the labor contract, transact the file and the social insurance transfer procedures for the laborers and settle the labor remuneration and other expenses.
the employer has the right to refrain from the labor contract or the threat or illegal restrictions on the personal freedom of the laborer, or the violation of the rules and regulations. The labourer has the right to refuse the worker's personal safety. The employer may not remove the labor contract or reduce the salary and welfare treatment. Moreover, the laborer can also terminate the labor contract immediately without prior notice to the employer. This rule is for the first time, to a certain extent, giving employees reasonable "Refusal" or even squid without prior notice.
Keywords: secrecy
unit shall not disclose employee information
new revised regulations have been refined in many regulations or system innovation. It is stipulated that the employer shall confidentiality of the personal information of the workers, except for the contents of the law which should be disclosed in accordance with the law, and the individual information shall not be made public or used without the consent of the labourer. " The violator shall be ordered by the labor administrative department of the people's government at or above the county level to make corrections, and those who cause damage to the workers shall be liable for compensation in accordance with the law. In addition, the employer should pay wages to the workers in full and on time in the form of money in accordance with the agreement of the labor contract, and the wages paid by the employers to the workers who provide normal labor shall not be lower than the minimum wage standard in their locality.
key words: collective contract
regulations of collective bargaining system, collective contracts are concluded by trade unions on behalf of the employees on behalf of the employees. The
labor contract regulations require that the enterprise should establish a collective wage consultation system, and negotiate equally with the employees on the wage distribution system, the form of wage distribution, the wage income level and so on, and conclude a special collective contract for wages. This means that if the enterprise has established a system of collective wage consultation, the reasonable salary requirements of the laborers can be guaranteed from the system, and the remuneration obtained will be more in line with the contribution of the labor and the realization of "a lot of work." It is understood that the collective contract system is developing very fast in our country. Compared with practice, the legislation of collective contract in our province is lagging behind. Therefore, the regulations take the collective contract as a special section, clear the content of the collective contract, the collective negotiation procedure, the collective contract supervision, the dispute handling and so on.