The implementation of the Labor Contract Law next year is one-sided for workers.
If the unit fails to sign a labor contract, it shall pay double wages; Fired the boss squid can no longer pay liquidated damages; After signing two contracts, an open-ended labor contract must be signed before the contract can be renewed; If you don't sign a contract for more than one year, it will automatically be regarded as signing an open-ended labor contract with the laborer ... After the implementation of the Labor Contract Law in June next year, all this will become a reality.
Yesterday, Professor Li Jianfei, the authority of labor law who participated in the drafting of the law, explained to the Guangzhou business community that the labor contract law will have a far-reaching impact on both employers and employees: short-term contracts of less than one year may be greatly reduced; Employers may accelerate the exchange of blood; Guangzhou labor dispatch market may shrink ...
Guangzhou business and legal circles focus on labor contract law
Yesterday, more than 200 corporate executives, human resources managers, legal personnel and social lawyers from Guangdong business and legal circles spent a day listening with great interest to the authoritative professor of China Labor Law's report on July 1 day this year, which will be implemented in 2008 10/day.
As the director of the Civil and Commercial Law Science Research Center of China Renmin University and the Institute of Social Security Law, the professor participated in the drafting process of Lao. This is also the first large-scale discussion between the business and legal circles in Guangzhou after the promulgation of the Labor Contract Law.
Workers benefit.
If you sign a contract twice, you must sign an open-ended contract.
Xiao Lu, 25, has worked in an advertising company for three years. "I have signed a contract every year since I entered the company. Worried that the unit will not renew its contract next year. I am under a lot of pressure. I work overtime every day just to behave well, and I never dare to ask for family leave. "
"In fact, most workers' contracts are for three to six months, and it is rare to have more than one year, leaving workers in a state of tension and depression for a long time. One of Lao's major tasks is to prevent short-term contracts and frequent labor contracts. " Professor Li Jianfei made it clear from the beginning that "the two main purposes of importing labor force are to solve the problems of low signing rate and short term of labor contracts. "Law 14 stipulates that after the laborer and the unit have successively concluded two fixed-term labor contracts, if both parties renew the contracts again, they must sign an open-ended labor contract. If the employing unit fails to sign an open-ended labor contract in violation of regulations, it shall pay compensation twice the prescribed economic compensation standard when dissolving or terminating the contract.
"Article 20 of the Labor Law stipulates that if the employee has worked continuously in the employer for more than 10 years and both parties agree to extend the contract, as long as the employee proposes, an open-ended labor contract shall be concluded. However, in practice, in order to avoid signing open-ended labor contracts with workers, many employers often stop signing contracts with workers when the year is fast 10. 10 year' has become a trap for workers' unemployment. Lawyer Xiao, director of the Labor Law Professional Committee of the Provincial and Municipal Lawyers Association, introduced.
"For workers, the good news brought by this regulation is that the signing time is bound to be extended; However, there may also be a bad situation: after signing the contract twice, the unit will no longer renew the contract with the laborer, and the employer will make a big change in two rounds, and the' ten-year threshold' will be shortened. It is impossible for the laborer who wants to stay in the original unit. " Professor Li Jianfei analyzed.
Lawyer Xiao also has his own opinion. "Because employers have no choice in the face of non-fixed-term labor contracts, maybe after 4 to 6 years, 70% to 80% of employees in many units are employees with non-fixed-term contracts, and non-fixed-term contracts will become the mainstream of employment forms in China. Will this employment method lead to low production efficiency and no enthusiasm for work? "
Fire the boss and stop worrying about liquidated damages.
Liquidated damages have always been the "curse" for employers to restrain workers, but after next year 1, wage earners who want to fire their bosses can "wave their sleeves and keep their hard-earned money". According to the Law, employees do not have to pay any liquidated damages to the company unless they have received training from the company or have a confidentiality agreement and a non-competition agreement.
"And the unit must issue a third-party invoice for training expenses, which proves that the workers have been trained, the internal training of the enterprise or there is no third-party invoice. As a human resources manager, I want to remind you to remember to collect invoices; As a laborer, you must remember to destroy the evidence quickly. " Li Jianfei's funny words caused the audience to laugh.
It is even worse for the unit to delay signing the contract.
Unscrupulous bosses who delay signing contracts with workers should pay attention! "Article 10 of Lao stipulates that after the establishment of labor relations, the contract must be signed within 1 month, and if the contract is not signed within 3 months to 1 year, the compensation shall be doubled; If the contract is not signed for more than one year, it will be automatically regarded as signing an open-ended labor contract with the employee. " Professor Li Jianfei reminded workers, especially migrant workers, "pay attention to using this clause to protect themselves."
College students report as soon as they graduate.
Pay attention to college graduates who have signed up for work units. "Out of the school, don't play around. You have to go to the unit to report. " Article 7 of the Labor Law clearly stipulates that' the employer shall establish labor relations with the employee from the date of employment', which means that the labor contract can only take effect after being declared. If there is an accident during leaving school and reporting to the unit, neither the school nor the unit will take care of it. It's gonna be terrible. "For example, Li Jianfei: a girl from a clothing school didn't report to the unit in time after graduation. As a result, she was diagnosed with blood cancer during this period. Schools and units have no obligation to bear medical expenses and can only rely on social relief. " Students should never leave the organization easily. "
Employers are vigilant.
A large number of labor dispatch companies closed down.
After signing a contract with a talent leasing company, Miss Liu was sent to a big company as an accountant. "It looks very charming. In fact, my income and welfare are far lower than those of my colleagues who directly signed a contract with this big company, and it was paid by a talent leasing company. " Unfortunately, Miss Liu had a car accident during her work and her lower limbs were paralyzed, but the big company refused to pay compensation on the grounds that she had no labor relationship with her. The talent leasing company said that it could not afford it and filed for bankruptcy. A form of employment that is "labor-independent, labor-independent" like Miss Liu is called labor dispatch. This form of employment exists in a large number of industries such as finance and construction.
"The employment form of 30 million workers in the country is labor dispatch, and Guangzhou is one of the most active cities for labor dispatch." In this legislation, labor dispatch is one of the most controversial issues. "The profit of the labor dispatch company comes from the management expenses paid by the workers themselves, or the actual employer pays the management expenses of the dispatched workers. No matter which mode of operation, the capital chain flows from the employing enterprises to the dispatching institutions, at the cost of more considerable income or greater risk transfer. " Li Jianfei said: "Labor dispatch is favored by actual employers because it can reduce the cost of employment, avoid obligations, reduce employees' social insurance and welfare expenses, and save the trial cost after recruiting workers. "
The definition of labor dispatch in Laos is very strict, and the labor dispatch unit is defined as the employer who performs its obligations to the workers. "If something happens to the workers, they will find the dispatching unit responsible. The dispatching unit must sign a contract with the workers for more than 2 years. During this period, even if the laborer has no job, the dispatching unit will pay the salary. In addition, it is also stipulated that the dispatching company and the dispatching company shall bear joint and several liability, bring in the employer and protect the interests of workers. " Li Jianfei said: "In the future, a large number of labor dispatch companies may change careers or close down. Labor dispatch will be curbed. "
If the unit does not buy social security, it will pay compensation.
"Many units have not purchased social insurance for workers according to law. In the future, this situation will not only make up the part that should be paid, but also provide economic compensation to the workers. " The lawyer reminded the employer, "The so-called law means to purchase in full and on time, and compensate for the delay and insufficient amount. According to Article 46 of Lao, the laborer may request to terminate the contract, and the employer shall compensate, pay back the unpaid social security fund and pay the overdue fine. This will lead to the more enterprises do not purchase social insurance according to law, the greater the loss and the higher the cost. " Lawyer Xiao reminded all employers that "many units have provisions on liquidated damages in labor contracts and need to be revised. The human resources department of the employer should discuss how to modify its labor contract. "