Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (I).
nineteenth
The rules and regulations formulated by the employer through democratic procedures in accordance with Article 4 of the Labor Law do not violate the laws, administrative regulations and policies of the state, and have been publicized to the workers, which can be used as the basis for the people's courts to hear labor dispute cases. This provision ensures that the formulation or revision of the employee handbook is effective and determines three principles:
First, it needs to be formulated through democratic procedures;
Second, it does not violate national laws, administrative regulations and policies;
Third, it has been publicized to workers.
Legal analysis: the handling personnel can bring ID cards, household registration books, two two-inch ID photos and other materials to the street community affairs acceptance center where the household registration is located. Fresh graduates who have not gone through the labor manual should bring two two-inch ID photos, household registration book, ID card or social security card, graduation certificate and other relevant supporting materials to the street/township employment service agency where the household registration is located, and issue employment unemployment registration certificates to them after examination. The "Labor Manual" is uniformly printed by the Municipal Labor and Social Security Bureau, stamped by the labor bureaus of all districts and counties, and distributed through the employment service agencies affiliated to the labor administrative department.
Legal basis: Notice of Shanghai Labor and Social Security Bureau on implementing this system in this city. Release the labor manual:
1 Graduates from all kinds of secondary vocational and technical schools and above (including secondary vocational and technical schools) who graduated this year, within 3 months before graduation, the school shall bring the student roster to the county employment agency (hereinafter referred to as the county employment agency) where the school labor administrative department is located to handle the labor manual, and the specific measures shall be formulated separately.
After graduating from junior high school and high school in cities and towns, the living must participate in the training of labor preparation system and obtain the certificate before applying for the labor manual.
2. The original fixed employees in the enterprise will not issue the Labor Manual for the time being. After returning to the jurisdiction for various reasons, they will be issued or reissued at the street (town) labor service office for unemployment registration.
If the original fixed staff and workers of an enterprise are recruited by other units during their employment, the employing unit shall issue the Notice of Resignation of the original unit (the original unit shall indicate the original fixed staff and workers), and go through the employment registration and filing formalities with the district and county employment agencies according to the Measures for the Administration of Recruitment and Resignation of Units in Shanghai.
3. Insurance coordinators and other personnel with special status shall apply for labor manuals according to the relevant provisions of this Municipality.
4, other unemployed people, according to the provisions of the unemployment registration.