Everybody knows, when just entering a company to work, laborer signs labor contract with the company with respect to need. After if be in,signing labor contract, laborer or the company violated labor contract law, so what law responsibility should its assume? Before Wu of You Mobang law is next small make up those who take everybody to understand the legal duty that violates labor contract law what to have to concern content, the hope can provide a help to you.
One, what does the legal duty that violates labor contract law have?
Unit of choose and employ persons violates the responsibility of breach of contract of labor contract
Include two shares:
(One) , the economy that unit of choose and employ persons violates labor contract compensates responsibility (remove the economy of labor contract compensates responsibility)
1, talk things over via bilateral party consistent, remove by unit of choose and employ persons of labor contract, unit of choose and employ persons should work in this unit according to laborer fixed number of year, every send the economy that is equivalent to a monthly wages one year to compensate gold completely, do not exceed 12 months at most, the by a year standard that working hours resents one year sends compensation gold
2, laborer sicken perhaps is not be injured at work, affirm via labor appraisal committee cannot pursue primary job, also cannot be engaged in unit of choose and employ persons be being arranged separately work and remove of labor contract, unit of choose and employ persons should be in by its the working fixed number of year of this unit, every send the economy that is equivalent to a monthly wages one year to compensate gold completely, still should send at the same time do not expend under the medical treatment allowance of 6 monthly wages. Contract serious defect and incurable disease, still should increase medical treatment allowance to expend. 50% what the addition that contracts heavy disease does not expend under medical treatment allowance partly, 100% what the addition that contracts incurable disease does not expend under medical treatment allowance partly
3, laborer is insufficient the job, the course grooms or adjust working station still insufficient job, remove by unit of choose and employ persons of labor contract, unit of choose and employ persons should press the fixed number of year that its work in this unit, working hours expresses every full a year, send the economy that is equivalent to a monthly wages to compensate gold, do not exceed 12 months at most
4, the external state of affairs of basis of the place when labor contract concludes produces major change, cause original labor contract to cannot be fulfilled, classics party talks things over cannot come to an agreement with respect to modificatory labor contract, remove by unit of choose and employ persons of labor contract, unit of choose and employ persons works in this unit by laborer every are fixed number of year, working hours, full send the economy that is equivalent to a monthly wages one year to compensate gold
5, unit of choose and employ persons is close to going bankrupt undertake legal during rectifying, perhaps produce management state to produce severe difficulty, must cut down of personnel, press the fixed number of year that is cut down personnel works in this unit to pay economy to compensate gold by unit of choose and employ persons, the time that works in this unit every are full a year, send the economy that is equivalent to a monthly wages to compensate gold
6, the salary computation standard of economic compensation gold is to press an enterprise to produce a circumstance to fall normally, laborer removes of before the contract 12 months mean monthly the monthly wages of salary; laborer is mean monthly salary under the enterprise mean monthly of salary, by the enterprise mean monthly salary standard pays. Talk things over except both sides, laborer is insufficient besides the job.
(2) , the liability to pay compensation that unit of choose and employ persons violates labor contract
1, because unit of choose and employ persons violates labor contract, cause losing of worker wage income, deserved by him laborer wage income pays worker, add pay deserved the of 25% compensation expenses of wage income
2, violate labor contract because of unit of choose and employ persons, cause losing of pay of worker labor protection, should regulate the labor protection allowance of complemental laborer and articles for use by the country
3, violate labor contract because of unit of choose and employ persons, cause laborer inductrial injury, divide outside providing treatment of inductrial injury, medical treatment for laborer by national regulation, still should pay laborer to be equivalent to medical treatment charge the compensatory expenses of 25%
4, violate labor contract because of unit of choose and employ persons, create female worker and minor class healthy damage, outside dividing the medical treatment pay during by the country the regulation provides treatment, still should pay be equivalent to its the damage of 25% uses medical treatment fee
5, the other compensation expenses that labor contract agrees, wait like penalty due to breach of contract. Labor contract law sets the 52nd times, the regulation that unit of choose and employ persons violates the 24th content (the 24th regulation: Conclude labor contract, unit of choose and employ persons must not mortgage with any formal collection gold, pawn, bail, subscription and other charge, the Id etc that also does not get sequestered worker proves) , instruct by labor and social security service correct, can be in with 1000 yuan of above 30 thousand yuan of the following amerce
Laborer disobeys the liability to pay compensation that labor contract provides
1, the agreement that laborer violates labor contract removes labor contract, laborer must assume action of unit of choose and employ persons to collect the fee that pays with its
2, the agreement that laborer violates labor contract removes labor contract, laborer must assume what unit of choose and employ persons pays for its to groom charge. Both sides has an agreement additionally to be dealt with by the agreement
3, the agreement of laborer deregulation or labor contract, remove labor contract, the production to unit of choose and employ persons, manage what cause immediate pecuniary loss with the job, laborer must assume liability to pay compensation
4, the confidential item that laborer violates the agreement in labor contract, cause pecuniary loss to unit of choose and employ persons, by " oppose unfair competition law " the 20th regulation pays compensation fee to unit of choose and employ persons
5, the other compensation expenses that unit of choose and employ persons and laborer agree in labor contract
The 3rd person violates the legal duty of labor contract
Alleged the legal duty that the 3rd person violates labor contract, it is to show laborer is in have not remove with former servant unit below the premise of labor contract, can sign labor contract with the 3rd person again, as a result causes pecuniary loss to former servant unit, this the 3rd person ought to assume the form of responsibility of a kind of law of implicative liability to pay compensation lawfully to former servant unit.
1, the production to former servant unit, run the immediate pecuniary loss that causes with the job
2, because get the commercial secret of former servant unit, and caused pecuniary loss to former servant unit, by " oppose unfair competition law " the 20th regulation is carried out
3, occupy again " compensatory law " the 6th regulation, unit of choose and employ persons (the 3rd person) have not remove the laborer of labor contract, cause pecuniary loss to former servant unit, outside assuming direct liability to pay compensation except this laborer, unit of this choose and employ persons ought to assume implicative liability to pay compensation. 70% of the pecuniary loss amount that fixed number of persons of portion of implicative liability to pay compensation does not cause under former servant unit.
2, whether can the company reject employee resignation?
" labor law of People's Republic of China " the 31st regulation: "Laborer removes labor contract, ought to shift to an earlier date 30 days to inform choose and employ persons of the unit with written form " , gifted clearly the right that the worker resigns, this kind of right is absolutely, laborer one-sided removes labor contract is beardless any substantial conditions, need to fulfil the obligation that informs ahead of schedule only (shift to an earlier date 30 days namely unit of written announcement choose and employ persons) can. General office of original labor department is in " remove about laborer the reply of labor contract concerned issue " also point out: "Laborer shifts to an earlier date 30 days to inform choose and employ persons of the unit with written form, since removes the program of labor contract, also be to remove the condition of labor contract. Laborer shifts to an earlier date 30 days to inform choose and employ persons of the unit with written form, remove labor contract, need not ask for those who get unit of choose and employ persons to agree. More than 30 days, laborer puts forward to deal with solution to divide labor contract procedures to unit of choose and employ persons, unit of choose and employ persons should give deal with " .
3, does abdication need to recoup company loss?
" labor law " gifted on one hand the worker's absolutely demit powers and authorities of office, gifted again on the other hand the right of request compensation losing with certain unit of choose and employ persons. " labor law " the 102nd regulation: "The requirement that laborer violates this code to decide removes the confidential item that labor contract perhaps violates the agreement in labor contract, cause pecuniary loss to unit of choose and employ persons, ought to assume liability to pay compensation lawfully " department of; original labor is in " disobey " labor law " the compensatory way that provides about labor contract " the 4th range that set compensation clearly: "The agreement of laborer deregulation or labor contract removes labor contract, cause losing to unit of choose and employ persons, laborer should compensate for unit of choose and employ persons following loss:
1, action of unit of choose and employ persons collects the charge; that pays with its
2, unit of choose and employ persons grooms for what its pay charge, deal with; what both sides has an agreement additionally by the agreement
3, opposite is produced, manage the; of immediate pecuniary loss that causes with the job
The other damage that contract of 4, labor agrees is used " .
The place on put together is narrated, we knew to disobey labor contract law to need assumed legal responsibility. No matter be unit of laborer, choose and employ persons or the 3rd person violates labor contract law, the legal liability that sets somewhat. Above information Wu of You Mobang law is small make up arrange an editor. If you still have other legal issues, the welcome seeks advice from us the lawyer of Wu of law of 10 thousand state.
