Shiyan Labor Dispute Lawyer Online Service
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The signing of a non competition agreement should be based on equal consultation between the two parties, and workers should not be forced to accept it by illegal means such as threats. If a worker violates the obligation of confidentiality and divulges business secrets without authorization, he or she will be severely punished according to law, ranging from three to ten years of imprisonment and a fine. If the circumstances are serious, he or she may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a high fine. Therefore, the effectiveness of the agreement depends on the voluntary and legal premise. #Labor disputes 1175 readings -
Whether the non competition agreement filled in at the time of entry can be activated after resignation depends on the consensus between the original company and the employee. The agreement usually involves confidentiality and intellectual property protection. After dismissal, economic subsidies shall be paid within the non competition period, which generally does not exceed two years. The agreement is essentially an agreement on the confidentiality of trade secrets and intellectual property rights, which restricts employees from entering competitive industries or starting their own businesses after the end of the contract, and may not engage in similar businesses during the term. #Labor disputes 1171 readings -
During the term of the labor contract, the laborer has the legal right to terminate it. Three days' notice is required during the probation period, and thirty days' written notice is required for the formal contract. When the employer violates the contract (such as failure to provide labor protection, salary arrears, social security arrears, violation of regulations, fraudulent signing, obligation avoidance or illegal mandatory provisions), the worker has the right to terminate the labor contract according to law. Understanding these regulations will help protect our rights and interests. #Labor disputes 1010 readings -
According to Chinese laws, employees' annual leave days are linked to their length of service: five days for those who have worked less than ten years, ten days for those who have worked less than ten years but less than twenty years, and fifteen days for those who have worked more than twenty years. Annual leave does not include national statutory holidays and weekends. For unused annual leave, the company shall pay three times of daily average salary. In some cases, employees who have taken winter and summer vacations, taken personal leave for more than 20 days, or taken sick leave for more than a specified period of time (such as sick leave for more than two months in a year or sick leave for more than three months in ten years) will not be entitled to annual leave. #Labor disputes 1144 readings
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Some employers are suspected of forcing workers to leave their jobs through violence, threats, illegal detention or violation of labor contracts (such as failure to fulfill salary commitments, salary deduction, arrears of overtime pay). In this regard, the law requires full payment of economic compensation, which is calculated according to the actual length of service. One month's salary will be paid after one year, half a year if less than one year, and half a year if more than half a year but less than one year. If the monthly salary is more than three times of the local average salary in 2019, and the compensation period does not exceed 12 years, the calculation is based on the average total income of the 12 months before the dissolution or termination of the labor contract. #Labor disputes 1380 readings -
If an enterprise employee is dismissed, the compensation standard shall be in accordance with the Labor Law: one month's full salary compensation for more than one year of service; Less than one year shall be deemed as one year; Within half a year is half a month. However, only when the probation period does not meet the employment standards, serious violations and dereliction of duty, part-time work seriously affects work, the labor contract is invalid or commits a crime, can the employer legally terminate the contract. The labor administrative department will deal with the illegal termination of the labor contract. #Labor disputes 1033 readings -
The "996" working system may violate the Labor Law of the People's Republic of China, which requires employees to work overtime with their consent and no more than 44 hours per month. If the enterprise forces overtime, the worker has the right to refuse. If the overtime is voluntary and does not exceed the legal time limit, the enterprise shall pay corresponding overtime pay (150% for working days and 200% for rest days). Enterprises that extend working hours or refuse to pay overtime pay without approval or in violation of regulations violate the Labor Contract Law. #Labor disputes 1058 readings -
The employee can sue in accordance with the law when facing the employer who has not signed the labor contract. If the employee has not signed the labor contract for one month, he/she shall pay double salary compensation for more than one year; If the labor contract is not renewed more than one month after the expiration, double the salary shall be paid in the same way. When signing the contract, the laborer needs to verify the unit information and detail it in the contract, clarify the work task, work content and location, and clearly indicate the labor remuneration in writing to protect their own rights and interests. #Labor disputes 908 readings
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Latest information on labor disputes
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#Labor disputes 2024-06-28 -
#Labor disputes 2024-06-28 -
#Labor disputes 2024-06-28 -
#Labor disputes 2024-06-28 -
#Labor disputes 2024-06-28