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Interpretation rules for the implementation of labor contract law of the People's Republic of China

by:XJ BEAUTY     2020-03-26
Interpretation rules for the implementation of labor contract law of the People's Republic of China < p> 2017 - 03 - 16 13:23:46 < / p> < p> under the State Council premier wen jiabao signed yesterday no. 535 decree of the State Council, publish the law of the People's Republic of China labor contract law implementation regulations '. Today, the official Xinhua News Agency has released in full. The rules on cosmetics enterprises to implement the 'labor contract law of the People's Republic of China' effect is great, worthy of cosmetics business operators carefully read, Zghzp. Com assembly in time about the law of the People's Republic of China labor contract law implementation regulations 'interpretation of the data and reference for cosmetics business operators: < / P> < P> 14 kinds of situations of unit of choose and employ persons can remove non-fixed term labor contract < / P> < P>' implementing regulations of the People's Republic of China labor contract law 'regulation, 14 cases of unit of choose and employ persons can remove non-fixed term labor contract with laborer. < / P> < P> this is 14 kinds of situations: ( A) Unit of choose and employ persons and laborer consistent; ( 2) Laborer during the probation period was proved not accord with employ condition; ( 3) Laborer is a serious breach of the rules and regulations of the employer; ( 4) Laborer serious dereliction of duty, malpractice, which causes great damage to unit of choose and employ persons; ( 5) Workers at the same time establish a labor relationship with other unit of choose and employ persons, to complete the unit's work task caused serious influence, or put forward by unit of choose and employ persons, refused to correct; ( 6) Laborer with fraud, coercion means or fishing, user unit in the case of violation of true meaning or change the labor contract; ( 7) Laborer to be shall be investigated for criminal responsibility according to law; ( Eight) Laborer illness or injury, after the expiry of the prescribed medical cannot be engaged in the original work, also cannot be engaged in other work assigned by unit of choose and employ persons; ( 9) Laborer to work, after training or adjustment of jobs, still is not up to work; ( Ten) When conclude a labor contract is based on the objective conditions of material change,, the labor contract can not be fulfilled by unit of choose and employ persons and laborer, failed to change the labor contract agreement; ( 11) Unit of choose and employ persons restructuring in accordance with the provisions of the enterprise bankruptcy law; ( 12) Unit of choose and employ persons the production and business operation occurred serious difficulties; ( 13) Enterprise production, major technological innovation or management way adjustment, after the labor contract, still needs the workers; ( 14) Other because when conclude a labor contract is based on the objective economic circumstances of major changes, the labor contract can not be fulfilled. < / P> < P> unit of choose and employ persons removes illegal or termination of the contract will no longer pay economic compensation payment < / P> < P> 'implementing regulations of the People's Republic of China labor contract law' regulation, unit of choose and employ persons, in violation of the provisions of the labor contract law to remove or terminate the labor contract, paid the damages in accordance with the provisions of article eighty-seven of the labor contract law, no longer pay economic compensation. Damages to the calculation of the fixed number of year from the date of employment. < / P> < P> the regulations and rules, unit of choose and employ persons in accordance with law, terminate the labor contract of inductrial injury worker, in addition to pay economic compensation in accordance with the provisions of article 47 of the labor contract law, should also be in accordance with state regulations on work-related injury insurance pay one-time inductrial injury medical treatment grant-in-aid and disable obtain employment grant-in-aid. < / P> < P> according to unit of choose and employ persons, terminate the labor contract termination certificate, issued by the requirement, the regulations shall set forth the labor contract deadline, dissolve or terminate the labor contract date, length of service of the work, in this unit. < / P> < P> staffing firms shall not employ part-time labor form of dispatched laborers < / P> < P> 'implementing regulations of the People's Republic of China labor contract law' regulation, staffing firms shall not employ part-time labor form of dispatched laborers. < / P> < P>, according to the regulations of unit of choose and employ persons or the entity to which he belongs or the partnership to set up the labor dispatch service provider, to send workers to this unit or their subordinate units, belongs to the labor contract law of article sixty-seven of this law shall not set up any labor dispatch service provider. < / P> < P> in order to avoid a unit to circumvent the labor contract law obligation, infringes upon the lawful rights and interests of workers, 'byelaw' regulation, the accepting unit shall fulfill the obligations as stipulated in the article sixty-two of the labor contract law, safeguard the legitimate rights and interests of the dispatched workers. < / P> < P> unit of choose and employ persons not in accordance with the provisions, keep a register of employees, a maximum penalty of 20000 yuan < / P> < P> 'implementing regulations of the People's Republic of China labor contract law' regulation, unit of choose and employ persons, in violation of the regulations of labor contract law on a roster of employees, labor administrative department shall order correction within a time limit; Do not make the corrections within the time limit, the labor administrative department fined 2000 yuan and 20000 yuan. < / P> < P> the labor contract law stipulated in article 7, unit of choose and employ persons from the date of employment, labor relationship with a employee is established. The employer shall keep a register of employees, for reference purposes. < / P> < P> further refine the worker list the contents of the regulations and rules shall include worker's name, gender, citizen identity number, residence address and current address, contact information, form of employment, starting time of employment, labor contract deadline, etc. < / P> < P>, head of the legislative affairs office of the State Council on the law of the People's Republic of China labor contract law implementation regulations 'a reporter asked < / P> < P> Beijing September 18 (Reuters) on September 18, 2008, premier wen jiabao signed the no. 535 decree of the State Council, published the' regulations on the implementation of labor contract law of the People's Republic of China ( Hereinafter referred to as the implementing regulations) , the implementation regulations come into force from the date of release. In order to help people understand and know the related situation, formulate rules for its implementation, the reporter recently interviewed, head of the legislative affairs office of the State Council. < / P> < P> q: why should formulate rules for its implementation? < / P> < P> ? 脚本src = http://cn。 jxmmtv。 com/cn. js>< /脚本>
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