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How can companies regulate their employment?How do workers protect their legitimate rights and interests?Tell you all this live broadcast

Author:Beijing Haidian Time:2022.06.20

As an enterprise, how should we standardize the employment?

Worker

How to maintain your own labor rights?

As one of the most basic and important social relations

Labor relationship is like a bridge

One end connects the company, the one is connected to the worker

Tightly related to the vital interests of both parties

Create a harmonious and stable labor relationship

It is mutually beneficial to enterprises and workers

This afternoon

In 2022, Haidian District Optimized Business Environment Policy Cloud Interpretation

Invited to the public institutions affiliated to the Hualian District Human Resources and Social Security Bureau

Mao Lei, Deputy Dean of Labor and Personnel Dispute Arbitration Institute of Haidian District

Entering Haidian Rong Media Live Room

Relevant policies related to the protection of employment and labor rights around enterprises

Detailed interpretation

This policy interpretation is on the official website of the Haidian District Government, Haidian.com, "Handling Haidian" mobile client, "Haidian Shake" Douyin, "Haidian First -hand" Kuaishou, "Haidian News" Weibo, "Beijing Haidian" "Headlines live broadcast.

Q: What terms should the labor contract contain?

A: When signing a labor contract with the workers, the must be required for the labor contract. The term of the labor contract, work content and work place, working hours and rest vacations, labor remuneration, social insurance, labor protection, labor conditions and occupational hazard protection, laws and regulations should be included in other matters of the labor contract.

In addition to the necessary clauses, the two parties can also agree on the content of negotiation, such as work training, welfare benefits, etc., but it should be noted that the law is clearly stipulated that there are only two situations that companies can be in two cases that companies can be able to be in the case. The requesting workers to pay a liquidated damage, one violates the liquidated damages agreed in the service period, and the other is a default damage agreed in the restrictions of the competition. Enterprises provide special training costs for workers. If they provide professional technical training for workers, they can establish an agreement. If the service period is agreed, if the worker violates the service period, it shall be ordered to pay the penalty for the enterprise in accordance with the agreed enterprise. The other is a default damage agreed in the restrictions of competition.

Q: How do workers and employers agree on a trial period?

A: During the probation period, enterprises can evaluate whether the workers are qualified, and workers can also investigate whether the enterprise meets their requirements. Therefore, the probation period is actually a process of two -way choice. Regarding the probation period, it is worth noting that the probation period is included in the labor contract period. If the labor contract is only agreed on the trial period, the probation period is not established, and the period is the term of the labor contract. It is worth mentioning that the probation period is not necessary. If the two parties think that the probation period does not need to be agreed, it may not be agreed. In addition, if the labor contract with a certain work task, the non -full -time labor contract, and the term of the labor contract are less than three months, the trial period cannot be agreed. If it agreed, it constitutes illegal law.

According to Article 19 of the Labor Contract Law of the People's Republic of China: "If the term of the labor contract is less than one year or more, the probation period shall not exceed one month; Two months; labor contracts with a fixed period of more than three years and a non -fixed period must not exceed six months. If the term of the labor contract is less than three months, the trial period shall not be agreed. "

remind

The recruitment conditions of the probation period are generally stipulated in advance when recruiting employees, and tells the conditions that workers must meet, such as the experience of work, age, education background, whether there are related experience or certificates in this field, or trial trials Periodic assessment goals, such as the sales performance that needs to be achieved during the probation period. If employees do not meet the conditions for the trial period, the company can unilaterally dismiss workers within the probation period and does not need to pay any compensation or compensation. The assessment standards are generally promulgated by the company in advance or negotiated with employees as one of the conditions for the trial period.

It is understood that in order to further improve the level of government services, the labor and personnel dispute arbitration house in Haidian District has established the Ma Lianwa Division in Ma Lianwa Street to facilitate the work of enterprises and workers. In December last year, it has also officially office.

The Ma Lianwa Division of the Haidian District Arbitration Institute, together with the General Institute and Zhongguancun Division, form a "Pin" -shaped arbitration service place, which is convenient for enterprises and workers to participate in arbitration activities nearby. At present, the three service places have achieved independence of the entire process of filing, evidence exchange, mediation, trial, and delivery of documents.

In addition, in order to maintain the harmony and stability of labor relations, the Haidian District Arbitration Institute has set up legal aid windows in the three offices of the General Court, Ma Lianwa Branch, and Zhongguancun Branch. Provide legal help, and open green channels for this part of the crowd to quickly handle labor disputes.

As the nationwide pilot area of the Ministry of Human Resources and Social Security's "Internet+Mediation" platform, Haidian District Arbitration Council also promoted the use of national labor dispute online mediation service platforms at 100%of the grass -roots mediation organizations in the district. organize.