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Interpretation Of Key Words In The Labor Contract Law

2008/1/11 13:01:00 41754

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The same employer and the same worker can only agree on a probation period, and the probation period shall not be lower than the minimum wage standard of the employer.

Daily overtime should not exceed 3 hours, not more than 36 hours per month.

If overtime, no matter how much overtime pay, employers are illegal.

Employers can not detain workers' certificates, nor require workers to provide guarantees, including collecting various properties.

There are only two cases where employers can agree to pay liquidated damages by laborers: first, in the agreement on training services, two is in the competition restriction agreement.

Overtime 36 hours overtime

Beijing labor and social security bureau answers questions and overtime per month for more than 36 hours.

The labor contract law, which will take effect from January 1, 2008, is regarded as the symbol of China's beginning to bid farewell to the low labor cost era.

At the end of the year, there were many rumors that employers adopted various "countermeasures" to circumvent the law. Some social organizations even took the opportunity to set up various lectures to teach enterprises the "secrets" to circumvent the labor contract law.

What will this law that affects the entire labor relations pattern in China bring to every worker, every employing unit and every Chinese family?

Key words: two methods in parallel

The two laws are different.

Confusion 1:

The labor contract law stipulates that labor contracts should indicate social insurance, labor protection and other items, while netizens Zhang Lin has not covered any of their contracts, and the unit says it is in line with the existing labor law.

Before the "labor law", which law should be followed in accordance with the labor contract law?

Authoritative answer: according to the principle of "the new law is superior to the old one" in the legislative law, there is a parallel relationship between the labor contract law and the labor law. Any place where the labor law is inconsistent with the contract law will be subject to the labor contract law after January 1, 2008.

For example, the issue of economic compensation and the lifting of labor contracts, etc., the new law has made supplementary provisions.

However, the labor law does not relate to or stipulate in the labor contract law.

For example, the proportion of overtime pay, the labor contract law only stipulates that no overtime work can be forced or disguised, but there is no provision for the proportion of overtime pay.

Therefore, this issue should be based on the labor law.

Key words: Trial

The same employee can only try once.

Experts answer the labor contract law: probationary period is not spent.

The detailed rules of the labor contract law will not exceed one year.

Confusion 2:

Before graduating from school, Xiao Wu has worked for 4 months in his work unit.

When signing the work contract, the unit still requests to join the "probation period".

"What is the probation period?"

Authoritative answer questions: in view of the fact that the probationary period is too long, the wages of the workers in the probationary period are too low, the labor contract is arbitrarily terminated during the probation period, and the employers are abusing the probation period, the labor contract law has made some new provisions:

If the term of a labor contract is not more than one year for a period of more than three months, the probation period shall not exceed one month; if the term of labor contract is less than three years, the probation period shall not exceed two months; the probation period of three years or more with a fixed term and no fixed term shall not exceed six months.

A labor contract or a labor contract with a duration of completion for a certain period of work is less than three months, and no probation period shall be prescribed.

Only one probation period can be agreed between the same employer and the same worker.

He stipulates that the wages of labourers during probation period shall not be lower than the minimum wage of the same unit or eighty percent of the wage stipulated in the labor contract, and reiterates that the probation period salary shall not be lower than the minimum wage standard of the employer's place.

Key words: Labor Dispatch

Labor dispatching should be paid equal pay for equal work.

Labor and Social Security Bureau: the remuneration of dispatched employees needs pparent intermediary.

Confusion 3:

Yu Qiang, an editor of a publishing house, said: "in our unit, some are formal workers, some are signing contracts with subordinate companies, others like me."

Different identities do the same job but pay differently. Many people are dissatisfied.

Authoritative answer: the sixty-third provision of the labor contract law stipulates that the dispatched laborers have the right to equal pay for equal work for the workers recruited by the employing units. For the workers who have worked in the same posts with the employing units and have obtained the same labor results, the employing units shall pay the dispatched laborers the same labor remuneration as those employed by the employing units through the labor dispatching units.

The labor contract law also stipulates that the labor dispatching unit should conclude a fixed term labor contract with the dispatched worker for more than two years, pay labor remuneration on a monthly basis, and the dispatched worker shall pay the monthly remuneration according to the minimum wage stipulated by the local people's Government in the absence of work.

Key words: wages

There are only four cases of deducting wages.

Interpretation of the labor contract law: unit wage deduction should not exceed 20% of monthly salary.

Beijing: the unit wage system must be limited to 4 employees.

Confusion 4:

Office staff Dou Xiong's contract clearly written the salary of Dou Xiong - 1300 yuan.

However, this is not true. By the end of the year, the unit will send a year-end bonus which is "fairly generous", but no one knows how to calculate the bonus.

Authoritative answer questions: in the past, some enterprises had "secret wage system" and so on. Employees only knew how much money they got, and they did not know the actual wages should be paid. Some of the wages being deducted were also unknown.

After the implementation of the labor contract law, the employer can legally deduct the wages of staff and workers in four situations and make clear the limitation of deduction.

The first reason is that the workers have not completed their production tasks because of personal subjective reasons, and are not physical problems. The units can deduct their wages, and the wages after deduction can not be lower than the minimum wage standard.

Two, when the workers violate the labor discipline and cause unit losses, the monthly deduction of the unit's deduction of wages must be less than 20% of the monthly wages of the workers.

Three, employees should ask for leave of absence, according to the day's wages for the day off work.

Four, employees should ask for sick leave and pay according to their sick leave wages, and their performance or productive rewards can be deducted.

According to the regulations, the working hours of overtime shall not exceed 3 hours a day, and no more than 36 hours a month.

If overtime work is paid, the employer will break the law no matter how much overtime it costs.