In real life, always some of friend can complain hole is encountered in him duty field, among them no more than is common a few: Company not on time pay 5 danger, did not sign labor contract, salary is defaulted to wait a moment.
I comfort them rarely, contrary I say via regular meeting: My constant sends a few labor law to arrive friend group, it is to call you study study, but every time you are sniff, does yourself say on-the-job field to go up you not by hole who by hole?
Fun is fun after all, always cannot force everybody studies labor law together with me beside the move, but wanting to holding church in the arms only is thought, a contented feeling can appear constantly in that own heart. So, this piece I am special inside the article arranged solid usage of field of a few common duty knowledge, interested children's footwear can learn to be discussed each other. To make content clearer, I undertake writing with interlocution type:
One, what do the working relationship that duty field middling mentions and service concern have to differ?
1, subject is different. The main body that labor concerns is affirmatory, just be unit of choose and employ persons namely, other one party is laborer necessarily. And the main body that labor concerns is not affirmatory, the likelihood is the relation between legal person, also may be the relation between the natural person, returning a likelihood is the relation between legal person and natural person.
2, legal relief approach is different. The labor dispute that working relationship produces is applicable reconcile, adjust, the processing mechanism of the lawsuit after arbitrating first, the issue that service concern produces is general and average civil issue, applicable and common civil proceeding is handled can.
3, national intervention rate is different. The influence with unit of choose and employ persons and obligation divide laborer to be agreed by labor contract beyond, labor law is mandatory still make a provision, for example, unit of repulsive and working hours, legal status, choose and employ persons is mandatory pay society is sure to wait. However the both sides that the service concerns basically is sign according to talking things over bilaterally.
4, subject and different. In working relationship, main body both sides has subject sex, laborer is the member of unit of choose and employ persons, need abides the regulations system of the unit, the arrangement that obedient unit leads. In service concern, both sides is equal civil principal part, do not have the identity to go up depend on quality.
2, duty field rights and interests is resigned actively from the unit by enroach on, below what circumstance can compensation advocate?
Remove actively for employee below labor contract, still can win the case that economy compensates for. Other can obtain compensatory circumstance to examine this head please date article " after leaving one's post, attainable economy compensates what circumstance, how to calculate economic compensation? "
- The labor protection that did not provide an agreement and condition not on time full specified amount pays work reward not lawfully the other condition that system of regulations of pay society insurance premium violates the danger that damages laborer interest to perhaps take the advantage of a person with con, threatening method to conclude the legal laws and regulations of labor contract sets with force, , unit of choose and employ persons does not drop contract of labor of work requirement renew one's subscription with the unit of choose and employ persons of meaning renew one's subscription, laborer does not agree with renew one's subscription
3, blame full-time uses worker worker, can both sides conclude only oral agreement?
Can, but do not suggest. " labor contract law " the 69th regulation: Blame full-time uses party of labor both sides to be able to conclude oral agreement. But for insurance for the purpose of, the proposal is not the employee of full-time or should sign written contract with the unit, be like,allow working look inside Shanghaiguan: The content clause agreement such as working hours, place, salary is explicit, be in with the respect in the future authority of the dimension on content of break an appointment obtains evidence.
4, the rights and interests in already confirming duty field can be compensated by enroach on by economy, but how is economic compensation calculated?
Economic compensatory calculates: Economy compensates the fixed number of year that works in this unit by laborer, the level that every pay a monthly wages one year completely pays to laborer. 6 months above resents one year, press a year of computation; Malcontent of 6 months, pay the economy of half monthly wages compensation to laborer.
Worker of the year on the our region that the government of municipality directly under the Central Government of location of unit of choose and employ persons of prep above of worker monthly wages, city class people that sets an area announces is mean monthly salary of 3 times, the level that pays economy compensation gold to its presses a worker mean monthly the amount of 3 times pays salary, the fixed number of year that pays economy compensation gold to its is top do not exceed 12 years.
The average wage that says monthly wages is before showing worker is working to the contract removes or be stopped 12 months. Detailed reference this head date place carries an article on the head " about be being dismissed the compensatory standard of employee, amount is a lot of higher than what you imagine! "
5, the unit uses worker worker illegally, is employee OK does thought for the time being?
Not only can, can advocate the rights and interests such as compensation of work reward, economy more. " labor contract law " the 93rd regulation, violate criminality to having what run unit of choose and employ persons legally, investigate legal duty lawfully; Laborer has paid labor to act, this unit or its are contributive person ought to this code decides according to to pay work reward, economy compensation, compensation to laborer; Cause to laborer damage, the agree carries liability to pay compensation.
It is profitless to be told more, apprentice adds overworked. This piece the article introduces these first a common law knowledge, but still have knowledge of authority of dimension of numerous duty field, small make up can explain slowly in the following article, like not to forget click attention.
