The Way To Apply For A Job Is To Know How To Use And Protect Rights.

Lu Feifei worked in the recruitment market for many days before he found a market investigation in a cosmetics company.

Lu Feifei was delighted, but there were worries.

She found that the personnel management system of the company was loose, and there was no written contract between the market researchers and the company. The company and she only agreed on the basic salary and the royalty ratio.

"Should we sign a contract?" Lu Feifei was very upset. She was worried that she would lose her job by arguing.

Ge Lei, lawyer of Beijing Ying Ke law firm, believes that any worker should sign a labor contract with the unit according to law.

According to the sixteenth provisions of China's labor law and the tenth provision of the labor contract law, the labor contract is a written agreement establishing the labor relationship between the laborers and the employing units and defining the rights and obligations of both sides. This is also a mandatory provision of the law.

At the same time, according to the seventeenth provision of the labor contract law, the essential clauses in the labor contract should include the labor contract duration, work content, working hours, labor remuneration, social insurance and so on.

"Through the conclusion of the above provisions, the rights and obligations of both the laborers and the employers are clear at a glance, eliminating many uncertainties, and it is an effective protection for the rights and interests between the two parties."

Ge Lei said.

If the employer still refuses to sign a labor contract with the laborer, the worker may report to the people's and social department where the company is located.

Ge Lei reminding that workers should submit relevant materials to the labor security administration, such as a wage bar marked by the name of the company, and a newspaper card to prove the existence of labor relations between workers and employers.

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The administrative department shall, in accordance with the law, order the employer and the laborer to sign a legal and effective labor contract, and also impose administrative penalties on the employing units. "

The release of the second child policy is a delight to Tang's love for children.

As her daughter went to boarding primary school, Tang Mei's desire to have a child became stronger and stronger.

However, the thought of letting nature take its course has become somewhat difficult because of the contract of the new unit.

"In the unit's labor contract, the contract will be terminated voluntarily during pregnancy.

But I am very old, and now is the last window of pregnancy. I am afraid it will be very difficult if I want to have another child after that period.

Tom did not want to lose his job, nor did he want to lose his child because of his work.

Ge Lei explicitly said: "this prohibition of employees' pregnancy during work is a violation of personal rights and is an invalid clause."

Because the right to conceive during labor is the absolute right of women.

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"Stipulates that when recruiting female employees, each unit should sign labor contract or service agreement according to law, and labor or employment contracts or service agreements shall not stipulate restrictions on the marriage and childbearing of female workers.

And no unit may reduce the wages of female workers by marriage, pregnancy, maternity leave, breastfeeding, etc., and dismiss female workers, unilaterally dissolve labor (employment) contracts or service agreements.

The twenty-sixth provision of the labor contract law stipulates that the labor contract which violates the mandatory provisions of laws and administrative regulations is invalid or partially invalid.

Ge Lei pointed out that, in summary, the provisions in the labor contract concerning "no pregnancy during work, otherwise the contract is terminated voluntarily" is a violation of laws and regulations, and the clause should be invalid.

Chang Xiaopeng is going to enter an agricultural engineering vehicle company to do sales.

The company's personnel manager told him that the position does not have a base salary, and the monthly salary is 30% of the sales performance.

Chang Xiaopeng worried that after entering the off-season, it would be difficult for the meager income to maintain life and reflect the situation to the company. The personnel manager of the company disagreed: "since the company has provided a high percentage of performance commission to the salesperson above the average level of the industry, no base salary will be set up.

You earn an average of 6000 yuan a month, and what basic salary do you have? "Although high yield is bound to be associated with risks, there are too many external factors affecting sales performance, which are not my personal control. What should I do?" Chang Xiaopeng was very helpless and confused.

Zheng Xianchun, lawyer of Guangdong Hong Hong law firm, said

The regulations stipulate that employing units such as piecework wage or royalty wage shall be paid less than the corresponding minimum wage standard on the basis of scientific and reasonable labor quota.

The minimum wage standard generally adopts the monthly minimum wage standard and the minimum wage standard.

"That is to say, as long as workers perform their normal labor obligations in normal working hours, no matter how the sales performance is, the company should ensure that their monthly income is no less than the minimum wage standard, and the no bottom salary agreement in the labor contract is illegal."

Zheng Xianchun said.

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