Sign the labor contract if you don’t give it, see these clearly, don’t let the company mess with it
Some time ago, the arbitration dispute between talk show actor Chi Zi and his company Xiaoguo Culture attracted everyone's attention.
Xiaoguo Culture demanded 30 million compensation from Chizi and applied for property preservation, which resulted in the freezing of all Chizi accounts.
This matter is also related to the content of the labor contract. Today, Brother Dong will tell you what clauses you need to pay special attention to when signing labor.
This kind of thing is actually quite common in the workplace.
For example, some technical positions will sign some competition agreements and so on.
I have also heard a lot of stories about employees leaving their jobs and joining a rival company.
Therefore, when we sign labor contracts, confidentiality agreements or non-compete agreements with companies at work, we still need to carefully check the relevant contract terms.
To prevent some unnecessary disputes with the company in the future work, and make a decision after researching some unreasonable terms.
So let's briefly talk about a few things to pay attention to when signing a labor contract.
01
The unit that signs the contract and pays the salary must be the same
Some bosses have multiple companies under their names, so there are often companies that sign contracts, which are different from the company you actually work for, and even the unit that pays wages is different.
In this way, if there is a labor dispute in the future, it will be difficult for individuals to obtain evidence.
Sign the labor contract if you don’t give it, see these clearly, don’t let the company mess with it
02
Jobs should be clear
For example, for the art job you are applying for, it is best to write the name of the job directly to prevent the company from automatically leaving you in the name of transfer in the future.
For example, assigning you a sales position is definitely not reluctant as a design type of work.
If it is not clearly written, many companies will give you a job that you are not willing to go in the name of changing your job.
If you leave your job voluntarily, you don't need to be compensated!
03
The work place should also be agreed
If there is no agreement, in the future, you can also be used to adjust you to work in a field to force you to leave voluntarily.
Because many people are only accepted to work in a certain city.
04
Do not sign yin and yang contracts
The so-called yin-yang contract is to let you sign two contracts, one contract is to cope with the inspection of the superior department and is standardized.
The other is the actual contract, which is basically non-standard.
If there are two contracts of yin and yang, labor disputes in the future will also be very unfavorable for individuals, and it will be more difficult to claim.
05
Save the labor contract
Many companies have signed the labor contract and put the contract in the company's backup, but they have not given a copy to the individual.
In this case, it is very important to ask the company to keep a copy for yourself, and don't ask the company to get it when there is a dispute.
Sign the labor contract if you don’t give it, see these clearly, don’t let the company mess with it
06
contract term issues
If the term of the labor contract is from three months to one year, the probationary period shall not exceed one month;
If the labor contract is more than one year but less than three years, it shall not exceed two months;
For fixed-term or indefinite labor contracts of more than three years, the probationary period shall not exceed six months.
07
time to sign the contract
According to the labor law, employees must sign a labor contract within one month from the date of entry, and the probationary period is also included in the labor contract.
If the company refuses to sign the contract for various reasons, the worker can claim compensation from the company.
Article 6 of the Regulations on the Implementation of the Labor Contract Law
If the employing unit fails to conclude a written labor contract with the laborer for more than one month but less than one year from the date of employment, it shall pay the laborer twice the monthly wages in accordance with the provisions of Article 82 of the Labor Contract Law, and agree with the laborer. Supplement a written labor contract;
Due to the impact of the epidemic, some companies expressed that it is inconvenient to sign contracts immediately, which may be an excuse.
The General Office of the Ministry of Human Resources and Social Security issued the "Letter of the General Office of the Ministry of Human Resources and Social Security on Issues Concerning the Conclusion of Electronic Labor Contracts".
The document clearly states that the employer and the worker can reach a written labor contract in electronic form.
Electronic contracts have the same legal effect as paper contracts.
08
Pay attention to the liquidated damages clause
Be sure to carefully look at whether there are some liquidated damages clauses in the contract, the specific amount, the circumstances of the breach, etc.
Prevent yourself from working for many years and have to pay compensation to the company when you leave.
The above precautions, everyone can understand, when you encounter yourself signing a contract, pay more attention and observe more.
Well, today's sharing is here, I hope it will help you.