1, the enterprise is not responsible for compensation. The new "Labor Contract Law" stipulates that an enterprise whose employee contract expires will not renew it, and it will pay one month's salary for every year of service.
2. Enterprise breach of contract and employee breach of contract are unequal. If an enterprise dismisses its employees in breach of contract, it will pay one month's liquidated damages every year. Employees can leave whenever they break the contract, without paying a penny or taking any responsibility (including employees' fault and insufficient evidence of the enterprise). 3. Long-term contract. In the past, the enterprise was three years and five years a year, but now it is three years and six years, with no fixed term. The provisions of open-ended contracts require enterprises to hire workers for a long time, which weakens the competition within enterprises and naturally makes them pay less, so enterprises are more cautious when recruiting. However, the state has taken various measures to find ways to solve the employment problem of college graduates. However, the Ministry of Education predicts that the number of unemployed college graduates will exceed 1 10,000 in 2007, and this number will be even larger if the unemployed graduates in the past are added. On June 3, 2008, at the "2008 Social Blue Book Release and China Social Situation Report" organized by China Academy of Social Sciences, Li Peilin, director of the Institute of Sociology of Chinese Academy of Social Sciences, said that among the nearly 5 million college graduates in 2007, there were still 6,543,800+people who had not found jobs, and the employment tension in the senior labor market should be highly valued. The entry into force of People's Republic of China (PRC) Labor Law makes enterprises very cautious about recruiting employees. This will have a great impact on the employment of college students. The first is to encourage enterprises to slow down the recruitment of college students. A notable feature of the Labor Contract Law is that it pays more attention to the protection of workers' rights and interests. This law will increase the employment cost of enterprises, so enterprises will be more cautious and rational when recruiting college students than before, which will aggravate the already severe employment situation of college students. Because according to the provisions of the Labor Contract Law, units cannot dismiss employees casually, and the regulations on employment in enterprises are stricter. A realistic problem is that employers must reconsider personnel costs and raise the threshold for employing people. In addition, the emergence of a large number of open-ended labor contracts makes the labor market more stable, which will inevitably reduce the opportunities for new job seekers to enter the labor market and the employment competition will become more intense. It will be more difficult for college students to get a good job in the future, and it will also increase the difficulty of changing jobs casually.
Second, graduates need to correctly understand the open-ended labor contract. In fact, any contract can be terminated. A careful study of the Labor Contract Law will reveal that the termination of the contract mainly includes the following three aspects: First, the two parties terminate the contract through consultation; Second, the laborer offered to lift it; Third, the employer proposes to terminate the workers who are at fault. There are six situations in which an employer unilaterally terminates a labor contract. For example, if a worker violates the rules and regulations of the employer, the employer may propose to terminate the labor contract; If an employee is sick or injured at work and cannot work according to the regulations after the expiration of the prescribed time limit, or the trained enterprise is incompetent, the labor contract may be terminated. In fact, the open-ended labor contract is not only a kind of protection for workers, but also plays a positive role in the long-term development of enterprises, such as promoting the improvement of internal management level and standardized management.
Three. Restrict the use of probation and treat graduates as cheap labor. The Labor Contract Law clearly stipulates the terms of the probation period: if the term of the labor contract is 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; If there is a fixed term of more than three years or no fixed term, the probation period shall not exceed six months, and the same employer and the same employee can only agree on a probation period. In the past, many enterprises abused the probation period. Many enterprises use the probation period to treat college students as cheap labor, and begin to promise to hire them if they behave well, but after working for a period of time, none of them are left. This practice will be illegal in the future. The new Labor Contract Law will also change the strategy of "mass recruitment and mass elimination" adopted by some enterprises in the past. They will inspect the fresh graduates during the probation period and eliminate some unqualified graduates. In the past, most enterprises adopted this talent selection method, which will change after the implementation of the labor contract law.