1. It is illegal for schools to recruit substitute teachers without signing contracts. Substitute teachers also need to sign contracts to establish labor relations with schools. When signing a labor contract, we should pay attention to the terms of the contract and the agreement between the two parties.
2. According to Article 10 of the Labor Contract Law of People's Republic of China (PRC), the law stipulates that a written labor contract shall be concluded to establish labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 17 A labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
Second, what will happen if the employer does not sign a labor contract?
If you don't sign a labor contract, there are many legal hidden dangers and risks for the employer:
1. Failure to sign a contract does not exempt the employer from the obligation to pay various social insurance premiums for employees.
According to the law, as long as the employer is engaged in employment and forms a labor relationship with the employee, even if the employee does not sign a labor contract, the employee enjoys all the rights stipulated in the Labor Law, and the unit also undertakes all the obligations stipulated in the Labor Law. Among them, paying various social insurance premiums according to law is a mandatory legal obligation that employers cannot exempt. If the unit fails to pay social insurance premiums, employees can complain to the labor inspection department, which can order the unit to pay, or even apply to the court for compulsory execution to punish the employer.
2, the unit to terminate or terminate the factual labor relations (dismissal) need to pay economic compensation according to law.
According to the law, if the two parties have not signed a written labor contract, the employer shall pay economic compensation to the laborer when terminating or dissolving the labor relationship. If it fails to pay economic compensation according to law, it shall pay additional economic compensation. If a labor contract is signed, the employer and the employee need not pay any economic compensation when the labor contract expires.
3. If the unit terminates or terminates the factual labor relationship (dismisses employees), it may need to compensate for unemployment losses.
If the employer fails to pay the unemployment insurance premium for the employee according to law, and the employee cannot receive the unemployment insurance premium after being dismissed, the employee may request the employer to pay compensation according to law.
4. Employees can terminate the labor contract at any time without any liability or compensation for breach of contract.
If both parties have signed a labor contract, the employee must notify the unit in writing 30 days in advance if he wants to terminate the labor contract in advance, otherwise, if the labor contract is terminated illegally and losses are caused to the unit, he shall be liable for compensation according to law. If the labor contract stipulates that the employee shall be liable for breach of contract in advance to terminate the labor contract, the unit may also require the employee to bear the liability for breach of contract (such as liquidated damages, etc.). ) according to law. However, if the unit does not sign a labor contract with the employee, the employee can not only terminate the labor contract at any time, but also need not bear the liability for breach of contract or compensation to the unit.
5. The unit cannot dismiss employees on probation.
The labor law stipulates that the labor contract may stipulate a probation period (no more than 6 months). During the probation period, if the employee does not meet the employment conditions, the unit may terminate the labor contract at any time without paying economic compensation. But if no labor contract is signed, there will be no probation period (because the probation period agreed orally is invalid). Although the unit can dismiss employees, it needs to pay economic compensation according to law. If economic compensation is not paid according to law, additional economic compensation will be paid.
6. Not signing a labor contract is not conducive to the protection of business secrets by the unit.
One of the constitutive requirements of trade secrets is that the unit must take certain confidentiality measures for the so-called trade secrets. It is one of the manifestations to take confidentiality measures for trade secrets, stipulate confidentiality clauses in labor contracts or sign special confidentiality agreements. If there is no confidentiality clause or confidentiality agreement, and the scope and legal responsibility of confidentiality are clearly defined, it will be difficult for the unit to prove which trade secrets belong to trade secrets and whether the so-called trade secrets it advocates have been kept confidential, and it may not be recognized as trade secrets. This is very unfavorable to the development of enterprises.
7. If the labor contract is not signed, causing losses to the employees, the unit shall be liable for compensation.
Where a unit deliberately delays the conclusion of a labor contract (including the failure to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries, medical care and other benefits of the workers, it shall pay 25% of the additional compensation in addition to being liable for compensation according to law. The labor administrative department may also order the employer to pay compensation and impose administrative penalties.
8. The employer may face administrative punishment from the labor administrative department.
If the employer fails to sign a labor contract, the employee may complain to the labor inspection department. Once verified, the labor administrative department may order the unit to make corrections and may impose a fine.
Is it illegal for schools to recruit substitute teachers without signing contracts? We can understand that it is illegal for schools to recruit substitute teachers without signing contracts. I hope it will help you.