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Labor contract (corporate side) lawyers' tips │ Let HR change from a rookie to a small coffee Reading 36697 Downloads 4754

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一人在您公司工作,工作一个月后,公司要求与其签订劳动合同,该职工拒绝。 Case: A person works in your company. After working for one month, the company asks to sign a labor contract with it, and the employee refuses. After working for half a year, the employee offered to resign, and your company also completed the resignation procedures. Soon the employee asked the company to pay double wages, citing that your company had not signed a labor contract with it during the first half of the year. Although the employee had previously refused to sign a labor contract, Company A still had to bear the responsibility of paying double wages.

这些情况,仲裁都要输 In these cases, arbitration must be lost

Employment risks have been the main "internal concerns" of enterprises in recent years. Omissions in the "Enterprise Regulations", incomplete "Labor Contracts", and social security disputes are all problems facing enterprises now. With the help of legal advisers, most enterprises have established a sound labor contract management system. However, there are still some companies that are not careful, and the "boats" that may be employed are turned upside down. How can enterprises control risks in daily employment?

Case 1. The employee did not return to work to tell the company

Employees learn technology in the factory, often go off shifts to go online, many days have not come, the boss has to be fired, and the parents begged to stay for a few months. Later, due to work issues and leadership disputes, the employee was cut and was found to be injured. Finally lost 10,000 yuan.

Case 2, Encountering Bad Employees

After returning to the New Year at the end of the year, if the employee did not return to work, he could not be contacted, and the company would quit the job and naturally suspend the payment of medical social security. Two months later, the employee sued the company to dissolve the law, and the company compensated 8,000 yuan.

Case 3. Employees with special diseases (although they are extreme, but the risks are too great)

The employee had not been informed of a heart attack, did not have a physical examination, died suddenly during work hours, and his family claimed 1 million yuan. The boss's original words: "If this is to be compensated, this year the company has done nothing for him, and all have been compensated."

Case 4: Employees say go, the project is forced to stop

For a design company, the person in charge of the project left without leaving the resignation process. No one took over the project, and the outsourcing time was too late. In the end, a breach of contract was handled, and hundreds of thousands were lost.

This topic is from the perspective of the corporate side of Yifatong Lawyer. It provides solutions for the above problems and some common problems in the management of enterprise employment, and supports you! !! !!

要不要签劳动合同 1Will you sign a labor contract

是一定要签的,这是法律明确规定的,不管是什么原因,都不能成为企业不签劳动合同的理由。 Let me give you a definition first. The "Labor Contract" must be signed. This is clearly stipulated in the law. No matter what the reason is, it cannot be a reason for an enterprise not to sign a labor contract.

In the labor process, the employer can manage employees in accordance with labor contracts, standardize the employee's work system, confidentiality obligations, and procedures for leaving the office. Promoting employees to fulfill their obligations and avoiding disputes can play a certain role in determining disputes. In addition, when employees of the enterprise are brought to court, they can better win the lawsuit based on the "Labor Contract". Of course, this requires that the "Labor Contract" signed by your company and employees has detailed all aspects in order to win the lawsuit.

→→ "Labor Contract Template" .doc is free to download

》288元/份 Ps: Lawyer Yifatong customized " Labor Contract " 288 yuan / copy QQ Lawyer consultation

不签劳动合同的后果 2 Consequences of not signing a labor contract

In principle, all labor contracts need to be signed, so the question arises. If no written labor contract is signed, what are the consequences? Here is a summary for everyone:

1. Pay double wages. If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, the employer shall pay the employee two times the monthly salary. If the labor contract has not been signed after one year, the two parties shall be deemed to have signed a labor contract without a fixed term.

  Failure to sign a labor contract within one month = temporarily okay

  Not signing a labor contract after one month to one year = double wages

  Do not sign a labor contract after one year = It is deemed that the two parties have signed an open-term labor contract, but do not need to pay double wages

2. It is not possible to agree on a probation period for workers. If the employer does not sign a labor contract, it is difficult for new recruits to agree on a probation period, and direct recruitment will not only increase the expenditure during the probation period, but also easily bring employment risks.

3. Pay economic compensation. Workers can use this as a reason to request the termination of the labor contract and to pay economic compensation.

4. It is difficult to protect trade secrets. Every enterprise has more or less trade secrets. Without signing a labor contract, it is impossible to increase the terms of the labor contract, and it is difficult to protect the enterprise's trade secrets.

→→ " Non- Confidentiality Agreement Template" .doc Download for free

5. It is difficult to enter into restrictions on competition. Enterprises must restrict labor competition for workers, mainly for high-skilled talents, without signing labor contracts, it is not possible to make competition restrictions through labor contracts.

→→ Model Template of Competition Restriction Agreement.doc for free download

6. Forced to sign an open-term labor contract. If the employer fails to conclude a written labor contract with the employee for one year from the date of employment, it is deemed that the employer and the employee have entered into a labor contract without a fixed term. If the employer is forced to enter into a labor contract with an employee for an indefinite period of time, the interests of the employer will be greatly affected.

7. Enterprises are very passive in handling labor disputes. If you do not sign a labor contract, once a labor dispute arises, the enterprise cannot come up with an important basis-a labor contract, which violates the law first, and will inevitably bear the consequences of losing the lawsuit in accordance with the law.

as above. Careful analysis shows that if the labor contract is not signed, the adverse consequences of the enterprise will be more. Therefore, as an enterprise, a concept must be firmly established: "Employees must sign a labor contract in a timely manner." If an employer does not sign a labor contract, it will inevitably bear the consequences.

Of course, in actual life, some workers are unwilling to sign a labor contract due to personal reasons, and they are unwilling to participate in social security. Laws and regulations also give the employer the right to unilaterally terminate the labor contract, but the employer still To fulfill the obligation to promptly urge, if the enterprise still does not sign a labor contract after the notification, the enterprise may unilaterally terminate the labor relationship with the employee. And in this case, the enterprise does not need to pay economic compensation.

Then, weighing the related interests, are you more willing to spend a little money to ask a lawyer to help draft a labor contract, improve the employment system for your company, or continue to make the company's employment system flawed, and when it is arbitrated, it will pay a huge amount of compensation for this, Anxious to regret it? Come on, Yifatong has opened your arms for you, Yifatong, professional legal services for 11 years, escorting your company's career, you give us a trust, we give you a guarantee. QQ Lawyer consultation

Unable to copy, please download the template to view ~~
Triangle

Attorney's reminder: The kit can basically avoid about 80% of the risks. After all, there are individual cases-the law is a very empirical field. The kit can't be considered and covered comprehensively. It is best to use a professional lawyer after drafting or reviewing. QQ Lawyer consultation

Copyright Notice:

The copyright of this article belongs to Xiamen Yifatong Legal Information Management Co., Ltd. When reprinting, please indicate the website name, URL, etc. You must not modify the content of the article at will, otherwise our company reserves the right to pursue legal investigation.

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You may also want to learn about related regulations

People's Republic of China Labor Law

Measures for economic compensation for breach and termination of labor contracts

Special regulations for female employees' labor protection

Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Labor Disputes (4)

Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Labor Disputes (3)

Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Labor Dispute Cases (2)

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法务官针对所需合同制定法律风险提示版1份 Day1 presented a copy of the legal risk alert version of the legal officer for the required contract

视频课程教《劳动合同填写指南》 Day2 Gives Free Video Course to Teach "Guide to Fill in Labor Contract"

《公司章程范本》或《保密协议范本》1份 Day3 presented a copy of "Model Articles of Association" or "Model Confidentiality Agreement"

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