Sign a standard labor contract, very important to ensuring the legitimate rights and interests of our oneself. And in actual life, some units are managed non-standard, although signed labor contract, but contract however unlikelihood effect. Below what circumstance to disable?
" labor contract law " the 26th the first section provision, following labor contract disables or the part disables:
If signed invalid labor contract because of the reason of unit of choose and employ persons, what rights and interests can laborer advocate?
Attentive friend may notice, " labor contract law " have such regulation the 82nd times: "Dissatisfaction of a month since the day that for private use of unit of choose and employ persons is versed in did not conclude one year with laborer of written labor contract, ought to pay duple salary every months to laborer. Ought to pay duple salary every months to laborer..
If the contract is invalid, be equivalent to concluding labor contract, can you hold pair of times wage?
Times doubler when does salary give
Mention this topic, have to return legislative original idea.
" labor contract law " the penalty that sets pair of times wage, it is to prevent unit of choose and employ persons to disregard legal provision, do not sign labor contract with laborer, accordingly, if signed labor contract in time according to legal provision, do not have pair of times salary to say.
Disable as to signed contract, that is other one thing.
Cannot hold pair of times wage, what can you advocate so?
Labor contract disables how to do a basis " labor contract law " concerned regulation, appear the 26th the first case, laborer can put forward to remove accordingly labor contract, advocate to unit of choose and employ persons economy compensates gold.
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.
In addition, " labor contract law " the 86th regulation: "Benfadi sets labor contract according to 26 times to be affirmed to disable, cause to the other side those who damage, the one party that has fault ought to assume liability to pay compensation. The one party that has fault ought to assume liability to pay compensation..
Accordingly, when labor contract is invalid, laborer can offer resignation, had gathered relevant evidence, to labor arbitral orgnaization applies for the arbitration, requirement unit pays economy to compensate gold, and damages.
If refuse to obey to arbitral result, tell a court again.
Those who want an attention is, because unit fault causes work,abdication reason ought to show the contract is invalid, if hindered to be written at face " resign because of individual reason " , so 10 have failure of power of 89 meetings dimension.
