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When employees in the probation period are dissolved in the enterprise, regardless of the length of work, they are entitled to economic compensation. Compensation standard: half a month's salary will be compensated for those less than six months; Six months to one year will be regarded as one full year, and half a month's salary will be compensated; If it is more than six months but less than one year, it shall be calculated as a whole year. The compensation amount is based on the actual number of years of work. If the monthly salary exceeds the upper limit of three times the average monthly salary of local employees, the compensation amount will increase. The compensation period shall not exceed 12 years, and the monthly salary shall be subject to the average income of the twelve months before the termination or termination. Common reasons for the dissolution of an enterprise include the provisions of the articles of association, the resolution of shareholders, or the merger and split of the company. #Labor disputes 1423 readings -
When the labor dispatch contract is terminated, the reason for termination and the effective time must be notified in writing. Labor dispatch involves three parties: workers, dispatch companies and employers. Public institutions in China often solve human demand through labor dispatch. The dispatched employee is an informal employee, but enjoys similar benefits. In terms of the protection of workers' rights and interests, contracts often lack clear dismissal provisions, which may lead to difficulties in dismissal claims without reason; A person who voluntarily resigns usually does not need compensation if he/she complies with the advance notice procedure and there is no special agreement in the contract. It is recommended to refer to the contract terms and communicate with the labor dispatching agency when dealing with such problems. #Labor disputes 1032 readings -
In the labor dispute, the laborer can appeal to the court for the objection to the arbitration prescription that refuses to be handled within one year after the termination of the labor relationship. The time limit for applying for arbitration is one year from the date when the rights and interests are known to be damaged. The court usually does not protect the rights and interests after the expiration of the time limit, but the maximum time limit can be up to 20 years. Under special circumstances, an extension can be applied. The limitation of action shall be calculated when the rights and interests are damaged, unless otherwise specified. The protection of creditor's rights ensures that there is no surplus in the total amount. #Labor disputes 1488 readings -
The employment relationship between retirees and employers is different from ordinary labor relations, which is mainly restricted by employment agreements. If there are explicit provisions on early termination, the agreement shall prevail; If there is no clear agreement, it shall be settled through negotiation. The labor contract will automatically terminate in the following circumstances: the contract expires, the worker begins to receive pension insurance, the worker dies or disappears, the unit goes bankrupt, the business license is revoked or dissolved, and other legal circumstances. This clarifies the rights and obligations of both parties and the conditions for termination of the contract. #Labor disputes 983 readings
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The termination date of the fixed term labor contract shall be determined by the employer and the employee through negotiation, and the term can range from half a year to ten years. The probation period is specified according to the length of the contract. When signing a contract with a fixed term or an unfixed term of more than three years for the first time, the probation period shall not exceed six months. The probation period is only applicable to the first labor contract and must be more than three months. Otherwise, it is invalid and will be regarded as the contract period. The labor contract shall be handled carefully to prevent disputes. #Labor disputes 1475 readings -
The dispatched workers have not established an effective employment relationship with the actual employer, so it is illegal for the employer to require signing a confidentiality agreement. Labor dispatch agreements involve the rights and interests of workers, dispatch companies and employers, and are often used when the staffing of public institutions is tight. The salary and welfare of informal employees of dispatched workers are different from that of regular employees. In case of dismissal, the contract with the dispatching agency must be followed, usually without compensation; Resignation shall be notified in advance, otherwise if there is special agreement in the contract. #Labor disputes 1263 readings -
Termination of labor contract without renewal does not mean automatic resignation. When the labor contract is terminated, it can be reached by consensus or unilaterally proposed, but the party who changes the contract conditions shall bear the responsibility. If an employee refuses to sign a new contract, the original unit is not required to make compensation; Otherwise, compensation is required. The amount of economic compensation is calculated according to the length of service and the average salary: the accumulated work for more than one year but less than six months is calculated as one year, and the accumulated work for less than six months is calculated as half a year. The compensation shall be based on the average salary of the twelve months before the termination or cancellation. #Labor disputes 1495 readings -
The labor contract is an important document to establish labor relations, and the employer and the worker hold one copy respectively. The employee who loses the contract can ask for and confirm the copy from the unit. The signing and change must follow the principle of equal consultation, and the contract must include: employer information, employee personal information, duration, work content, salary and welfare, social security, labor protection, and other matters required by law. Both parties can negotiate to add terms such as probation period and training. After being signed or sealed by both parties, the labor contract becomes effective and legally binding, requiring all parties to perform their obligations. #Labor disputes 1172 readings
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#Labor disputes 2024-06-30 -
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#Labor disputes 2024-06-30 -
#Labor disputes 2024-06-30