Change to 1. The new Labor Contract Law further extends the introduction of "employing units": on the basis of the original "domestic enterprises and individual economic organizations", private non-enterprise units and other organizations are added as the main body of "employing units", which is a new change and shows that the scope of application of the Labor Law is wider.

Change 2. In addition, the Labor Law clearly stipulates "conclusion, performance, alteration, dissolution or termination of labor contracts" in the scope of application, which indicates that the scope of application of the new Labor Contract Law is more detailed.

Change 3: Improve the content: "Article 4 When an employer formulates, modifies or decides the rules, regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, staff training, labor discipline and labor quota management, it shall discuss them with the workers' congress or all the workers, put forward plans and opinions, and determine them through equal consultation with trade unions or workers' representatives. "This clause strengthens workers' right to participate in and discuss state affairs (being the masters of the country) in enterprises. It includes the following suggestions: "The employing unit shall disclose the rules and regulations and major issues directly related to the vital interests of the workers, or inform the workers. "It is also necessary to reflect this intention.

Change 4. A tripartite mechanism of government, business owners and employees has appeared in the new Labor Contract Law, that is, "Article 5 The labor administrative department of the people's government at or above the county level shall establish and improve a tripartite mechanism to coordinate labor relations with trade unions and business representatives, and jointly study and solve major issues related to labor relations." This is a new term added in the new Labor Contract Law, which highlights the determination of government functional departments to directly intervene in the labor relations between employers and workers. Chapter ii changes in the conclusion of labor contracts. In view of the problem that some employers do not conclude written labor contracts, relevant regulations have been improved. It is stipulated that the employer shall establish labor relations with the workers from the date of employment; Relaxed the time requirement for concluding labor contracts; It aggravated the legal responsibility of the employer for failing to conclude a written labor contract in violation of the law. For example, in the new "Labor Contract Law", "Article 7 An employing unit shall establish labor relations with laborers from the date of employment. The employer shall establish a roster of employees for future reference. " "Article 10 To establish labor relations, a written labor contract shall be concluded." Why is it so clear? Because in recent years, some employers do not conclude written labor contracts or even recognize the factual labor relationship with workers in order to avoid their obligations to workers. This makes many workers whose legitimate rights and interests have been violated have nowhere to declare. At the same time, the new "Labor Contract Law" stipulates that "Article 82 If an employer fails to conclude a written labor contract with an employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary."

Change 6. For a long time, the short-term trend of labor contracts is obvious, often once a year, and some even sign four times a year. The workers are on tenterhooks, lacking a sense of security and stability. In order to curb the short-term labor contract, the new "Labor Contract Law" stipulates: "Article 14 A laborer has worked in an employer for ten years continuously; Or conclude a fixed-term labor contract twice in a row, or conclude a non-fixed-term labor contract, unless the laborer proposes to conclude a fixed-term labor contract. " At the same time, it is stipulated that "Article 14 If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee." Then the penalty for not doing so is "Article 82 If an employer violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded."

Change 7. In view of the present situation that most foreign-funded enterprises in coastal areas collect clothing deposits or require property guarantees when they enter the factory, the new Labor Contract Law puts forward that "Article 9 An employing unit shall not require workers to provide guarantees or collect property from them in other names". "Article 84 Where an employing unit, in violation of the provisions of this Law, collects property from laborers by way of guarantee or other names, the labor administrative department shall order it to be returned to the laborers within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person; If it causes damage to workers, it shall be liable for compensation. "

Change 8. New changes in probation period: According to the current laws, if a worker does not meet the employment conditions during the probation period, the employer may terminate the labor contract at any time without paying economic compensation. At the same time, due to the relatively low salary of employees during the probation period, some employers, especially small and medium-sized enterprises with strong seasonal production and operation, recruit a large number of employees during the peak production season and stipulate a longer probation period. Before the end of the probation period, terminate the labor contract on the grounds that the employee cannot meet the employment conditions, and exploit the employee in disguise. Other employers abuse the probation period and seriously infringe upon the legitimate rights and interests of workers. In recent years, many employers evade their legal responsibilities to employees by setting a longer probation period, which is a prominent problem. Some people call this phenomenon "probation period" "useless period". The new Labor Contract Law strictly limits the probation period. "Nineteenth labor contract period of more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. The same employer and the same worker can only agree on a probation period. A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months. The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract. " At the same time, the new "Labor Contract Law" imposes strict restrictions on the salary during the probation period. Article 20 The salary of a worker during the probation period shall not be less than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be less than the minimum wage standard of the place where the employer is located and "Article 21 During the probation period, the employer shall not terminate the labor contract except under the circumstances specified in Items 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee. " Punishment for violating the probation period "Article 83 If an employer violates the provisions of this Law and agrees with the employee on the probation period, the labor administrative department shall order it to make corrections; If the illegally agreed probation period has expired, the employer shall pay compensation to the employee according to his monthly salary during the probation period. "

Change 9. In view of the problem that some employers restrict workers' freedom of choosing jobs and the reasonable flow of labor, the relevant provisions on liquidated damages have been improved. Liquidated damages can be stipulated in the agreement on the training service period from Article 22 to Article 25 of the new Labor Contract Law; Liquidated damages may be stipulated in the agreed non-competition agreement; Except for the above two cases, the employer shall not agree with the employee that the employee shall bear the liquidated damages. "Chapter III Performance and Change of Labor Contract 10. In some enterprises, workers who refuse the wrong instructions will be dismissed by the enterprise on the grounds that they have violated the labor contract. Or when some enterprises want to fire an employee, they will deliberately set illegal instructions to make employees submit. If the employee refuses to implement it, it will be used as the basis for terminating the contract. Article 55 of the old "Labor Law" stipulates that "workers have the right to refuse the illegal command of the management personnel of the employer and force them to take risks; Have the right to criticize, report and accuse acts that endanger life safety and health. "The new" Labor Contract Law "clarifies that" Article 32 A laborer who refuses the illegal command of the management personnel of the employer and forces him to take risks shall not be regarded as violating the labor contract. "

Change 1 1. In view of the purpose of changing the legal person to cover up economic layoffs, the new Labor Contract Law stipulates that "Article 33 The change of the name, legal representative, principal responsible person or investor of the employing unit shall not affect the performance of the labor contract. Article 34 Where the employing unit is merged or divided, the original labor contract shall remain valid, and the employing unit that inherits its rights and obligations shall continue to perform it. " Chapter IV Changes in the Dissolution and Termination of Labor Contract 12. In the new labor contract law, workers can't leave their jobs during the probation period. See "Article 37 A laborer may terminate the labor contract by notifying the employer three days in advance during the probation period." ; The old "Labor Law" stipulated that "Article 32, during the probation period, the employee may notify the employer to terminate the labor contract at any time".

Change 13. If the employee fails to pay social security, the employee can terminate the contract. In the new "Labor Contract Law", "Article 38 If the employer fails to pay social insurance premiums for the employees according to law, the employees may terminate the labor contract." At the same time, it is agreed that "Article 46 If social security is not paid, the employer shall pay economic compensation to the workers." Moreover, in the new law, the terms of the employer's termination of the contract are placed after the terms of the employee's termination of the contract, which reflects the concern of the new law for the vulnerable groups such as workers.

Change 14. The employer can pay one month's salary in exchange for "the labor contract can be terminated without giving 30 working days' notice in advance". See the new labor contract law for details. Article 40 Under any of the following circumstances (including work-related injury and incompetence), the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary. "

Change 15 to clarify that the employer needs to transfer the resignation certificate and social security certificate to the employee when dissolving the contract. The new "Labor Contract Law" "Article 50 The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days." "Article 84 If a laborer dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, it shall be punished in accordance with the provisions of the preceding paragraph, and the labor administrative department shall order it to be returned to the employee himself within a time limit, and impose a fine according to the standard of more than 500 yuan but less than 2,000 yuan per person; If it causes damage to workers, it shall be liable for compensation. " The fifth chapter specifically stipulates that when signing a collective contract, an enterprise without a trade union cannot sign a collective contract with the enterprise simply by recommending representatives from employees, but only the representatives recommended by the superior trade union are qualified to sign a collective contract with the employer. This makes the collective contract represent the interests of the vast majority of enterprise employees. The new "Labor Contract Law" "Article 51 A collective contract shall be concluded by the trade union on behalf of the employees of the enterprise and the employer; If an employer has not established a trade union, the superior trade union shall instruct it to conclude with the employer. "

Change 17. In view of the abuse of labor dispatch by some employers, the employment forms of labor dispatch are standardized. Limit the term of labor dispatch contract; In addition to clarifying that the labor dispatch unit should undertake the obligations of the employing unit, it also stipulates the obligations that the employing unit should perform; To stipulate that the dispatched workers have the right to equal pay for equal work with the workers of the employing unit; It is stipulated that if the rights and interests of dispatched workers are damaged, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation. Article 57 A labor dispatch unit shall be established in accordance with the relevant provisions of the Company Law, with a registered capital of not less than 500,000 yuan. "Article 58 A labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years. The employer shall not divide the continuous employment period into multiple short-term labor dispatch agreements. " "Article 60 A labor dispatch unit shall not deduct the labor remuneration paid by the employer to the dispatched workers according to the labor dispatch agreement. Labor dispatch units and employers shall not charge the dispatched workers. " "Article 66 Labor dispatch is generally carried out in temporary, auxiliary or alternative work." "Article 67 An employer may not set up a labor dispatch unit to dispatch workers to its own unit or subordinate unit." "Article 92 Where a labor dispatch unit violates the provisions of this Law, it shall be ordered by the labor administrative department and other relevant competent departments to make corrections; If the circumstances are serious, a fine of more than 1,000 yuan and less than 5,000 yuan per person shall be imposed, and the business license shall be revoked by the administrative department for industry and commerce; If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation. "

Change 18 and put forward the concept of "part-time" workers. And reached an agreement with some hourly workers in the society. For example, "Article 70 A part-time employment party may not agree on a probation period." "Article 72 The hourly remuneration standard for part-time workers shall not be lower than the minimum hourly wage standard stipulated by the people's government where the employer is located. The settlement and payment period of labor remuneration for part-time employees shall not exceed fifteen days at the longest. "

Change 19 to strengthen law enforcement rules.

Change it to 20. The transitional provisions of the old and new labor (contract) laws are clear and reasonable.

Legal basis:

Labor law of the people's Republic of China

Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress.

Article 2 This Law is applicable to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC). State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law.