Labor law refers to the law regulating labor relations and other social relations closely related to labor relations. It is inseparable from the core content of adjusting labor relations. I have compiled the new provisions of China Labor Contract Law 2022 for you, I hope you like it!

The Labor Law of People's Republic of China (PRC) in 2022 has the following new provisions:

1. If an invalid contract is concluded due to the employer's reasons, causing damage to the laborer, it shall be liable for compensation;

2. If the employer fails to pay social security to the employees, it shall be fined 1 times and less than 3 times, and the relevant responsible person shall be fined from 500 yuan to 3,000 yuan;

3. If the unit forces the employee to resign by means of fraud threat, it can apply for arbitration.

In addition, if it causes damage to the workers, it shall be liable for compensation.

First, the principles for protecting the legitimate rights and interests of workers are as follows:

1, emphasizing protection and giving priority to protection. Properly reflect the rights standards of workers and the obligations standards of employers, and the labor law gives priority to protecting the interests of workers;

2. Equal protection. The legitimate rights and interests of all workers are equally protected by the labor law, all types of workers are equally protected, and special groups of workers are specially protected;

3. Comprehensive protection. The legitimate rights and interests of workers, whether existing before, after or after the conclusion of labor relations, should be included in the scope of protection;

4. Basic protection. The minimum protection for workers is to protect their basic rights and interests.

Two. The process of applying for labor arbitration is as follows:

1. Submit the application. When applying for arbitration, the parties shall submit an application for arbitration and submit copies according to the number of respondents;

2. Arbitration acceptance. The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or reject it;

3. Hold a trial. The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing;

4. Arbitration and mediation. When handling labor disputes, the arbitration tribunal shall mediate first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily;

5. Arbitral award. The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor arbitration committee accepts the arbitration application.

In short, if the employer dismisses the employee through legal procedures and decides not to renew the contract with the employee after the expiration of the labor contract, the employer shall pay compensation to the dismissed employee. If the employee is not competent for the original job or other jobs arranged by the unit, he/she needs to give a 30-day notice in advance or pay a payment in lieu of notice as compensation. If the probation period of the laborer has not expired or seriously affected the work tasks of the unit, the employer may terminate the labor without notice.

The new provisions of the labor law in 2022 are as follows: self-protection.

According to the Regulations on Paid Annual Leave for Employees, employees who have worked for more than 1 year but less than 10/year will have an annual leave of 5 days; For those who have completed 10 years but less than 20 years, annual leave 10 days; Annual leave 15 days for those who have completed 20 years. National statutory holidays and rest days are not included in paid annual leave.

However, in any of the following circumstances, you cannot enjoy the annual leave of the current year:

(1) Employees enjoy winter and summer vacations according to law, and the number of vacation days is more than the annual vacation days;

(2) The employee asks for personal leave for more than 20 days, and the unit fails to deduct wages according to regulations;

(3) Employees who have worked at least 1 year but less than 10 year have taken sick leave for more than 2 months;

(4) Employees who have worked for/kloc-0 and less than 20 years have been sick for more than 3 months;

(5) Employees who have worked for more than 20 years have taken sick leave for more than 4 months.

The employing unit shall, according to the specific conditions of production and work, and considering the wishes of the employees themselves, make overall arrangements for the annual leave of employees, which can be arranged centrally or by sections, but generally it should be arranged within 1 year.

How do the new provisions of the labor law in 2022 protect themselves?

According to the Regulations on Paid Annual Leave for Employees, employees who have worked for more than 1 year but less than 10/year will have an annual leave of 5 days; For those who have completed 10 years but less than 20 years, annual leave 10 days; Annual leave 15 days for those who have completed 20 years. National statutory holidays and rest days are not included in paid annual leave.

However, in any of the following circumstances, you cannot enjoy the annual leave of the current year:

(1) Employees enjoy winter and summer vacations according to law, and the number of vacation days is more than the annual vacation days;

(2) The employee asks for personal leave for more than 20 days, and the unit fails to deduct wages according to regulations;

(3) Employees who have worked at least 1 year but less than 10 year have taken sick leave for more than 2 months;

(4) Employees who have worked for/kloc-0 and less than 20 years have been sick for more than 3 months;

(5) Employees who have worked for more than 20 years have taken sick leave for more than 4 months.

Summarize the days of paid annual leave as follows: 1. Employees who have worked for more than 1 year but less than1year shall be given 5 days paid annual leave; 2. For those who have reached 10 years but less than 20 years, paid annual leave 10 days; 3. Paid annual leave 15 days for those who have completed 20 years; 4. National statutory holidays and rest days are not included in annual leave. The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees. If the unit fails to arrange annual leave for employees according to law and fails to pay annual leave wages, the relevant department shall order it to make corrections within a time limit.

Legal basis: Article 45 of the Labor Law of People's Republic of China (PRC). The state practices the system of paid annual leave. Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council. Measures for the implementation of paid annual leave for enterprise employees Article 3 Employees who have worked continuously for 12 months or more shall enjoy paid annual leave (hereinafter referred to as annual leave).

The new provisions of the Labor Law in 2022 are as follows

1, employees in private non-enterprise units have laws to follow;

2. If the employer fails to sign a contract in violation of the law and fails to sign a written labor contract with the employee within one year from the date of employment, it shall be deemed that both parties have signed an open-ended labor contract except paying the employee a monthly salary of more than one month but less than one year;

3. The labor contract of the dispatched employee must be signed for at least 2 years. When the legitimate rights and interests of the dispatched workers are infringed, the employer and the dispatched workers shall bear joint and several liability for compensation;

4. The probation period of a one-year contract shall not exceed 2 months, and the same employer and the same employee can only agree on one probation period;

5. There is an upper limit for liquidated damages, and the amount of liquidated damages shall not exceed the training expenses provided by the employer. Except for the liquidated damages that can be agreed in the training service period and non-competition restrictions, any other nominal liquidated damages are illegal;

6. If the unit fails to pay the social security fee according to law, the employee may terminate the labor contract at any time.

legal ground

Labor law of the people's Republic of China

Article 19 A labor contract shall be concluded in written form and contain the following clauses:

(a) the term of the labor contract;

(2) Work content;

(3) Labor protection and working conditions;

(4) Labor remuneration;

(5) labor discipline;

(6) Conditions for the termination of the labor contract;

(seven) the responsibility for violating the labor contract.

In addition to the necessary provisions stipulated in the preceding paragraph, the parties to a labor contract may agree on other contents through consultation.

Labor law, also known as labor regulations, generally refers to the legal provisions related to labor matters. These legal provisions regulate the relationship between trade unions, employers and employees, and protect the rights and obligations of all parties. Different countries have different forms of labor laws, but most of them include the following basic contents: labor employment law, labor contract law, working hours and rest time system, labor remuneration, labor safety and hygiene, special protection system for female workers and underage workers, labor discipline and reward and punishment system, social insurance and labor insurance system, employee training system, trade unions and employees' participation in democratic management system, labor dispute handling procedures and supervision and inspection system for the implementation of labor laws.

After the founding of New China, China has successively enacted a series of labor laws and regulations, such as Labor Insurance Regulations, Labor Security Supervision Regulations, Labor Dispute Mediation and Arbitration Law, Special Provisions on Labor Protection for Female Employees, Labor Law and Labor Contract Law. These laws and regulations, together with relevant judicial interpretations, constitute a broad labor law. The narrow sense of labor law only refers to the Labor Law of People's Republic of China (PRC).

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.

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Labor Law of People's Republic of China (PRC) 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.

Article 3 Laborers shall enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights as stipulated by law.

Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.

Article 4 The employing unit shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy their labor rights and perform their labor obligations.

Article 5 The state adopts various measures to promote employment, develop vocational education, formulate labor standards, adjust social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

Article 6 The state encourages laborers to take part in social voluntary labor, carry out labor competitions and make reasonable suggestions, encourage and protect laborers to carry out scientific research, technological innovation and inventions, and commend and reward model workers and advanced workers.

Article 7 Laborers have the right to join and organize trade unions according to law.

Trade unions represent and safeguard the legitimate rights and interests of workers and carry out activities independently according to law.

Article 8 Laborers shall participate in democratic management in accordance with the law or hold equal consultations with employers on safeguarding the legitimate rights and interests of workers through staff meetings, staff congresses or other forms.

Legal analysis

There are these new provisions in the labor law: 1. Because the trade union law is being revised, it will further safeguard the rights of workers under the new form of employment. If an invalid contract is concluded due to the employer's reason, which causes damage to the laborer, it shall be liable for compensation; 2. If the employer fails to pay social security to the employees, it shall be fined 1 times and less than 3 times, and the relevant responsible person shall be fined from 500 yuan to 3,000 yuan; 3. If the company forces employees to resign by threatening fraud and other methods, it can apply for arbitration, especially for women. In addition, employers who default on the wages of migrant workers without reason will be included in the list of dishonesty, and if they cause damage to workers, they should be liable for compensation.

legal ground

People's Republic of China (PRC) Labor Law Article 5 The state shall take various measures to promote employment, develop vocational education, formulate labor standards, adjust social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

What are the new rules for holidays?

1. The new regulations on holidays are as follows:

(1) Workers can take paid annual leave after working continuously for one year;

(2) If the employee's accumulated work has reached 1 year but is less than 10 year, he/she will be given an annual leave of 5 days;

(3) Annual leave of 10 days if it has been over/kloc-0 years but less than 20 years;

(4) Annual leave 15 days for those who have completed 20 years;

(five) arrange for workers to extend their working hours, and pay no less than 150% of their wages;

(6) If workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid no less than 200% of their wages.

2. Legal basis: Article 3 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees.

Employees who have worked continuously 12 months or more are entitled to paid annual leave (hereinafter referred to as annual leave).

Article 4

The number of annual leave days is determined according to the accumulated working hours of employees. Employees who work in the same employer or different employers shall be regarded as working according to laws, administrative regulations or the provisions of the State Council, and shall be counted as accumulated working hours.

Article 5

If the employee is a new employer and meets the provisions of Article 3 of these Measures, the number of annual leave days shall be determined according to the remaining calendar days in the company, and the part less than 1 complete days after conversion shall not enjoy annual leave.

The conversion method stipulated in the preceding paragraph is: the remaining calendar days in the company in that year are divided by 365 days, and then multiplied by the annual leave days that employees should enjoy throughout the year.

2. What is the annual leave salary payment standard?

1. The monthly salary standard for annual leave is the total salary due in the previous twelve months-the average monthly salary after the total overtime salary in the previous twelve months. If the employees have worked in this unit for less than twelve months, the average monthly salary shall be calculated according to the actual month. The total monthly wages include hourly wages, piecework wages, bonuses, allowances and subsidies, overtime wages and wages paid under special circumstances. Payable wages are wages before the employer withholds and pays personal income tax, social insurance personal contributions and other deductions;

2. Payment of annual leave. The employing unit shall pay the employee 300% of the average daily wage for the number of days off without the consent of the employee, or if the annual leave is less than the number of days off. When the employer terminates the labor contract with the employee, if the employee is not arranged to take annual leave in that year or the annual leave arranged is less than the number of days that should be taken, the employer shall convert the number of days that should be taken and pay the annual leave salary according to the working hours of the employee in that year, and the annual leave salary will not be paid for the part that is less than 1 complete days after conversion.