Have you signed a labor contract? Is the company illegal? Why are companies not afraid of labor laws?

There are often discussions on the Internet about labor laws, how to protect their rights, and how to get economic compensation. However, in the vast third- and fourth-tier cities, there are very few companies that can sign labor contracts. Only when companies need to pay social insurance, they will pay. Sign labor contracts with employees.

The only purpose of the labor contract signed at this time is to pay social security. The company and employees are well aware of the terms in it. The five insurances are three insurances. The three insurances only include pension, work injury and unemployment, and there is no medical insurance.

However, with the continuous improvement of the national system, it is believed that more and more enterprises will abide by the labor law and gradually protect the rights and interests of workers, rather than only live on the Internet.

For example, some of the big companies we mentioned, will regular companies abide by labor laws? This is not always the case. For example, working hours, as stipulated in Article 41 of the Labor Law: Employers may extend working hours due to production and business needs, generally no more than 1 hour per day; those who need to extend working hours for special reasons are protecting the health of workers. Under healthy conditions, extended working hours shall not exceed 3 hours per day, but not more than 36 hours per month.

In the well-known Internet or electronic companies that we know, overtime is their biggest feature. What 996 says is relatively tactful, but in reality, it is more serious. For example, karoshi, mental depression and other physical and mental diseases abound.

So why is there such a big gap between reality and ideal? Shouldn't the company worry about employee arbitration or lawsuits? To be honest, the company is really worried, after all, Chinese laws still tend to protect the weak.

The company's only last resort is that due to the current competitive pressure, in order to survive better or for greater interests, it has to violate certain labor laws. In many areas, the tacit understanding between employees and the company is to collectively ignore labor laws and only for immediate vested interests.

It's not that employees don't want to get more comprehensive protection, but because there are too few companies with comprehensive protection, and they can't find them, they can only settle for the next best thing and get one of the aspects they want, thus achieving a delicate relationship. balance.

And if the labor contract is not signed, is it easy for workers to protect their rights and interests once the company violates the rules? What basis do you use to protect your rights?

In fact, if the labor contract is not signed, the loss will be even greater for the company. First of all, if the company has not signed a labor contract with the laborer for more than one month but less than one year from the date of employment, it should pay the laborer double the monthly salary.

Secondly, for newly recruited employees, if they do not sign a labor contract, they are deemed to be directly hired without a probationary period. Finally, it is impossible to restrain workers, workers can leave at any time, and they do not need to bear the training costs paid by the company.

However, all regular companies will sign labor contracts. Those who do not sign labor contracts are themselves ignoring the constraints brought by labor laws. Once employees choose, it is actually a default, and it is rare to defend their rights.

In general, if we want to use labor laws to protect our own rights and interests, we must at least choose a company that can sign labor contracts. At least in some aspects, we are guaranteed. After all, the overlord clause is not protected by law. It is not that I am not afraid of the Fa, but I am more afraid of not being able to survive.