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Labor relations and labor relations

Time: 2024.02.22 label: Labor disputes Labor relations Reading: 1288 people
Lawyer's analysis:
1. The basis for the two is different. Labor relations It is based on the combination of production factors between employers and workers; Labor relations It is based on the agreement of both parties.
2. The applicable laws are different. Labor relations are mainly composed of civil law contract law Economic law, while labor relations are regulated by labour law and Labor Contract Law Standard adjustment.
3. The subject qualification is different. The subject of labor relations can only be a legal person or organization, that is, an employer, and the other party must be an individual worker. The subject of labor relations cannot be both natural persons and legal persons or organizations at the same time; Both parties to the main body of the service relationship can be legal persons, organizations, citizens, or citizens and legal persons, organizations.
Legal basis:
Civil Code of the People's Republic of China
Article 8
When engaging in civil activities, a civil subject shall not violate the law or the public order and good customs.
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Not child labor. According to the law, state organs, social organizations, enterprises and institutions, people run non enterprise units or individual businesses are not allowed to recruit minors under the age of 16. Therefore, workers aged 16 and above are not child laborers

No, child labor refers to workers under the age of 16. Article 15 of the Labor Law of the People's Republic of China stipulates that employers are prohibited from recruiting minors under the age of 16. According to the Labor Law of the People's Republic of China, minor workers refer to those who have reached 16 weeks of age

Not child labor. Child labor refers to those under the age of 16. According to the law, state organs, social organizations, enterprises and institutions, people run non enterprise units or individual businesses are not allowed to recruit minors under the age of 16

Selected pictures and texts Pufa video Voice Answers
  • Under what circumstances can the employer terminate the labor contract

     Legal Advisor

    Legal Advisor

    According to the Labor Law, the labor contract can be terminated in advance: first, both parties reach an agreement through consultation; The second is legal dismissal, including poor performance during the probation period, serious violations, criminal offences, etc; The third is to respect personal willingness to dismiss under special circumstances, such as illness, incompetence or change of contract conditions; Fourth, economic layoffs should be approved by the trade union and the administrative department because of enterprise difficulties.

    Views: one thousand four hundred and forty-six 2024-06-23
  • How long will it take for the company to formally leave after it proposes to leave

     Legal Advisor

    Legal Advisor

    Chinese laws give employees the right to terminate the labor contract in writing in advance. Generally, 30 days' notice shall be given in advance (3 days during the probation period), otherwise, the Employer shall be responsible for and compensate for the economic losses of the Employer. In case of termination, the employee unilaterally terminates without compensation from the employer.

    Views: one thousand four hundred and seventy-one 2024-06-23
  • Can enterprises sign labor contracts with retirees

     Legal Advisor

    Legal Advisor

    The labor agreement signed between the retired person and the unit is invalid because they are no longer on the job and do not have the qualification of legal labor subject. If employed, it will form an employment relationship rather than a labor relationship, and the unit can pay fees according to the service content.

    Views: one thousand four hundred and eighteen 2024-06-23
  • Should the employer be notified when the employee resigns

    Lawyer Zhong Yulin

    An employee resigns by notifying the employer rather than "applying" to the employer. Therefore, if an employee resigns, as long as he or she fulfils the obligation of advance notice, the employer shall not force the employee to continue working for any reason, unless both parties agree through consultation. At the same time, during the notice period, both parties have the obligation to continue to perform the labor contract. Neither party may terminate the labor contract in advance or delay without the consent of the other party.

    Play volume: one thousand four hundred and nineteen 2022-06-07
  • What are the preconditions for employers to bear the liability for industrial injury compensation

    Lawyer Zhong Yulin

    The premise that the employer must bear the liability for industrial injury compensation: first, it occurs during the working period; Secondly, the object can only be employees. The employee refers to the employee who has a labor relationship with the employer. According to the provision of Paragraph 3, Article 10 of the Labor Contract Law that the employer and the worker conclude a labor contract before employment, and the labor relationship is established from the date of employment.

    Play volume: one thousand and sixty-one 2022-06-07
  • How to Prove Labor Relations in Labor Arbitration

    Lawyer Zhong Yulin

    (1) Salary payment voucher or payroll of employees, and records of payment of various social insurance premiums; (2) The work card, service card and other certificates issued by the employer to the workers that can prove their identity; (3) Employment records such as recruitment registration form and application form of the employer filled by the laborer; (4) Attendance records; (5) Testimony of other workers, etc.

    Play volume: one thousand four hundred and forty-one 2022-06-07
 Lawyer Ye Guofeng

Beijing Hengdu Law Firm

Lawyer Ye Guofeng is an integrated partner lawyer of Beijing Hengdu Law Firm, and a member of Beijing Lawyers Association. He once participated in the post Wenchuan earthquake relief work in 2009. He has made a third class personal merit due to his bravery and justice and outstanding performance. He began to enter the legal industry in 2011. He once worked in a well-known education and training company in Beijing to engage in legal work. Later, he passed the judicial examination and worked in a law firm. He cared about the sufferings of the people and was enthusiastic about public welfare. For many years, he has been committed to providing public legal services for the people, popularizing legal knowledge, and holding hundreds of public lectures in communities, enterprises, schools and other units, He is good at marriage and family cases, inheritance cases, family wealth management and inheritance, corporate legal counsel, economic contract disputes, and criminal defense. Since practicing, lawyer Ye Guofeng has handled a large number of dispute cases such as marriage and family, economic contracts, labor disputes, and some criminal defense cases, and served as legal counsel for many companies. He is quick in thinking, skilled in legal expertise, experienced in handling cases, and proficient in various laws and regulations; Be familiar with the writing of various official documents and legal texts; Strong ability of expression, communication, judgment and logical analysis; Its continuous improvement, highly responsible working attitude and meticulous and patient communication method have won the unanimous praise of the parties! Due to busy working hours, I often appear in court and travel to various courts, detention centers and other case handling agencies. It is impossible to answer your questions on the Internet all the time. If the problem is urgent, I suggest you call directly, and hope to give you a satisfactory answer! Some representative cases: civil case: 1. In the case of a science and technology company in Beijing suing an electric company in Zhejiang for a dispute over a sales contract, as the plaintiff's attorney, the plaintiff recovered more than 300000 yuan of goods owed by the defendant. 2. The legal inheritance dispute case between Wang Moufang and Jia Moupeng and Cui Mouying was settled peacefully through mediation after various efforts. 3. Yue Mouhong sued Chen Mouxia for motor vehicle traffic accident liability dispute, and won more than 100000 yuan of compensation for the plaintiff. 4. Xu Mouling v. Tang Moubao, as the defendant's agent, overturned the plaintiff's unreasonable disability appraisal conclusion, and finally the court rejected all the plaintiff's claims. 5. In the case of Zhao Mouhua v. Chen Moumou's private lending dispute, as the plaintiff's attorney, the defendant recovered all the money borrowed from the plaintiff's Jingdong gold bars, the money spent on the plaintiff's credit card, and the money spent on the plaintiff's Jingdong white bars. 6. Wu Mouqing sued Zhang Moumou in the civil loan dispute case. As the plaintiff's agent, the defendant recovered all the money consumed by the plaintiff's CMB credit card and other borrowings. 7. Zhang Mouqian sued Su Mou to stop the civil loan dispute case. As the attorney for the plaintiff, he guided the plaintiff to collect evidence in many ways and help the plaintiff recover the loan and interest in full in the absence of evidence for the plaintiff. 8. In the case of Zhou Mousheng suing Ping Moujie and Shen Moumou for housing sales contract dispute, as the attorney for the defendant, after many communications with the plaintiff, the two parties finally reached a settlement, avoiding the defendant's greater losses. 9. A coal company in Shanxi sued an asset management company in Beijing for the dispute over the general recall right. As the attorney for the plaintiff, he helped the plaintiff to get back the property valued at ten million yuan in Haidian District, Beijing. 10. In the case of celebrity Li suing a Beijing medical beauty clinic limited company for the right of portrait, as the defendant's attorney, the defendant's loss was reduced from more than 150000 yuan to 30000 yuan. 11. Acting as an agent in the contract dispute case between Guan Moujing and Fan Moubin and Wang Mouting, in the pre court mediation stage, he helped the plaintiff recover the investment of 150000 yuan and its interest. 12. In the case of Fumouli v. Song Mouxue for unjust enrichment, as the defendant's agent, he seized the plaintiff's evidence loopholes and reduced the defendant's loss from 1.41 million yuan to 320000 yuan. 13. Acting as an agent in the divorce dispute case between Zhang Mouxin and Zhang Moulei, helping the plaintiff to obtain custody of children and 230000 yuan of property. 14. Acting on behalf of Chen Mouzhen in suing Tan Mou to laugh at the divorce dispute and help the plaintiff divorce quickly within three months. 15. Acting as the agent of Gu Mouxue v. Wang Mouhao in the civil loan dispute case, helping the plaintiff recover the loan of more than 100000 yuan and its interest. 16. Zhang forcefully sued Li Mouzhi for the testamentary inheritance dispute. As the defendant's agent, he persuaded the plaintiff many times to win 100000 yuan of property for the defendant when the plaintiff held a valid will to obtain all property ownership. Some criminal representative cases: 1. Acting on behalf of Guo Moubin in the intentional injury case, the case procuratorate made a decision not to prosecute; 2. Acting as the agent of the insurance fraud case of Tao, he was successfully insured in the stage of review and prosecution, and the prosecutor's court decided not to prosecute according to law.

Consult the lawyer
  • After 4 months of employment, the company refused to become a full member because of work, right

    1711 people read

    Four months after joining the company, the company did not give the job confirmation due to poor performance, which needs to be reviewed. According to the agreement, the probation period is three months. If the standard is not met during the period, a written notice shall be given. If no notice is received, it shall be deemed to meet the standard and become a regular employee in a timely manner. After becoming a regular employee, the salary and welfare benefits shall be implemented according to the standard of regular employees. Therefore, the company should re evaluate the employee's performance and follow the agreed procedures for becoming a regular employee.

  • How to compensate for dismissal after 4 months of employment

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    If the employee is dismissed without reason by the company, he or she can ask the employer to pay twice the economic compensation according to the regulations. The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary. If necessary, it is recommended to seek the help of professional lawyers.

  • Can I resign after signing a three-year contract

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    If the three-year contract has been signed but has not expired, you can resign. A written resignation application shall be submitted 30 days before resignation. In this way, you have the right to receive the full salary up to the time of resignation, and you are usually not responsible for the loss. However, if there is an additional contract, such as the public training needs to serve for 5 years, the failure to perform the obligation may require corresponding responsibilities and economic compensation.

  • How to define incompetence

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    To define the incompetence of employees, it is necessary to clarify the standards, such as: failing to complete work on time and violating department rules; Performance not up to standard; Customers complain about their services more than three times; Errors or omissions in actual operation, resulting in economic losses or adverse social effects. In these cases, the employee shall be deemed as incompetent for his/her position.

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