Enquiring knowledgeable people Inquisitive education Hospital Treasury

Judicial interpretation of Article 82 of the Labor Contract Law?

home page

Judicial interpretation of Article 82 of the Labor Contract Law?


        

Submit answer
Favorable reply
  • 2024-06-13 12:00:59

    Judicial interpretation of Article 82 of the Labor Contract Law? According to the first paragraph of Article 82 of the Labor Law, "If an employer fails to conclude a written labor contract with a worker more than one month but less than one year from the date of employment, it shall pay twice the salary to the worker every month." When a labor dispute arises, workers tend to claim rights in accordance with the provisions of this article. With regard to the scope of application stipulated in Article 82 of the Labor Contract Law, Article 2 of the Labor Contract Law stipulates that "This Law shall apply to enterprises, individual economic organizations, private non enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as" employing units ") that establish labor relations with workers and conclude, perform, change, dissolve or terminate labor contracts. The conclusion, performance, modification, cancellation or termination of labor contracts by State organs, institutions, social organizations and workers who have established labor relations with them shall be governed by this Law. " According to this provision, the resignation, dismissal or dismissal of the civil servants on the payroll of the state organs and the personnel on the payroll of public institutions is not applicable to the provisions of the Labor Contract Law. In addition, the provisions of Article 82 of the Labor Contract Law are not applicable to the part-time employment conducted by the employer according to Article 69 of the Labor Contract Law. According to Article 12 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China, "Students who work and study in their spare time are not considered to be employed, and they may not sign labor contracts if they have not established labor relations." According to this provision, the Labor Contract Law is not applicable to students who work and study in their spare time Article 82.

    Li***

    2024-06-13 12:00:59

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):