In has helped the enterprise to offer advice, how to aim at the work law of contract to carry on the circumvention and the risk controls as well as realizes in the management the standard. How actually has nobody trained the organization to be willing to give the worker to explain the worker to work under the law of contract to protect itself, I am not exceptional, how starting today will I use the case the form to tell the worker to protect themselves and to maintain my rights and interests.
Why present's labor dispute case Gao Ju, doesn't the reason display probably in the following several aspects:
1st, the worker and the enterprise people in charge as well as the human resources superintendent does not understand the law.
2nd, the head of undertaking does not take as well as HR the labor law non-specialized. Is this work law of contract echo so why intense, this thanks our network platform and the media propaganda vigorously, as well as our staff Uygur power consciousness enhancement. But also has the massive workers not to understand the law, did not know how to collect the evidence, not to be clear how to protect itself, often insufficient lost a lawsuit because of the evidence. For instance, the fact labor contract, disputes in the work arbitration, in line with “who advocated, who presents evidence” principle, if the worker cannot put out in the unit duration of work evidence, the worker had the possibility to lose a lawsuit very much. Because the law is fastidious about the evidence. Also, our overtime cost's question, our many enterprises have not worked overtime the verification, the application and so on written material, finally the unit can renege. Also has is unit's rules and regulations, the employee manual must certainly look carefully that evaluates labor contract certain need careful looking, looked whether the enterprise did push own legal obligation, if certainly had such situation, the contract was invalid. But the enterprise may agree the probation period not to tally hires the condition. This does not tally hires the condition to be possible on the worker to enter the snare. Also has the labor contract deadline question, certainly do not sign with the enterprise completes certain task for the deadline labor contract, because the legal rule labor contract termination later will not have the compensatory payment. Also has training as well as competes industry the agreement question. Specially competes industry the agreement subsidy, after this subsidy is the staff leaves the enterprise, starts to pay, if the enterprise has not paid, you do not need to fulfill one's obligation. Also has, if you are Detached organization's staff, you must certainly strive for the equal pay for equal work, you may bold strive for, because the law stipulated explicitly, dispatches the staff to enjoy with the employing labor unit staff's similar treatment as well as training and increases the wages the rights and interests.
As the worker first need to understand how the law as well as can protect itself. At present has the labor dispute focal point is generally the social security, the working woman three issue of expenses, the wages, the overtime wages, relieves, the penalty, to compete unilaterally industry questions and so on agreement, duration of contract. In usually should pay attention as the worker usually in the enterprise with the own rights and interests related evidence, otherwise after relieving, you do not have the means collection evidence. Many workers were do not collect the evidence to arbitrate finally lose a lawsuit.