â–¡ Article finishing / reporter Wang Xiaofeng
At the beginning of 2008, the new "Labor Contract Law" (hereinafter referred to as "the new law") was officially implemented, causing a great uproar at one time, and the whole country was mixed. In China's lighting and lighting industry, the newspaper concentrated on organizing 100 industry people to talk about the "New Law", which caused strong repercussions in the industry. At that time, many well-known people said that the complete improvement of the "New Law" has yet to be added. On the evening of May 8, 2008, the “Regulations on the Implementation of the Labor Contract Lawâ€, which was long awaited by all walks of life, finally came out in a long-awaited manner and began to be published in full text on the Chinese government legal information network, and from now until May. Public comments were sought 20 days ago.
It is reported that there are a total of 45 drafts, which further explain the problems of non-fixed-term labor contracts, the relationship between economic compensation and compensation, and labor dispatch, which are further elaborated in the implementation of the new law. For the Chinese lighting industry, the draft will be related to the future labor costs of many companies and the implementation of the New Law. For this draft, the users of Xingbang Industry Information Network () also have different opinions and explore the content of the draft from different angles.
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â– The details of the draft still need to be improved â—Ž User "Tianjin Kid"
Opinion: "If the employer has trained for one worker in a period of 12 months or more than 30% of the average salary of the previous year, it is deemed to provide the first paragraph of Article 22 of the Labor Contract Law. Special training costs." How is the average salary in the previous year calculated? Still not clear.
â—Ž netizen "Torch of the torchbearer"
Opinion: Article 9 said: "Workers are not qualified for work. After training or adjusting their jobs, they are still not qualified for work." Is this not an excuse for the employer to understand the employment?
â—Ž netizens "no words"
Opinion: Article 96 of the Labor Contract Law stipulates that an institution and a staff member who implements the employment system shall enter into, perform, change, terminate or terminate the labor contract. Where the laws, administrative regulations or the State Council provide otherwise, the provisions shall be followed. When will the relevant departments of the State Council introduce the implementation rules of the Labor Contract Law? The implementation of the Labor Contract Law has been in place for nearly half a year, and so far the details that the public institutions can follow have not been seen.
â—Ž netizens "security is not bad"
Opinion: What is “the laborer is not qualified for the job, after training or adjusting the job position, still not qualified for the job� Who has the final say? The technical staff I trained, led the excuses to suspend the renovation, let me go home, let my people go to the "security guard", and finally said that he is not qualified for work, no longer signed a contract, is it because he is not qualified for work? Such a clause is "based on certain interest groups"? I didn't see the words "people-oriented" anyway.
â– More suggestions to improve the "New Law"
â—Ž netizen "I love Changde"
Opinion: Article 7: “The employer has not entered into a written contract with the employee for more than one month from the date of the employment of the employer. If the employer has worked in the private enterprise for more than one year, the employer has not yet entered into a written contract with the employee. Can the laborer still get compensation? In addition, the trial period should be revised to: 1 The trial period is 3-6 months, and one month is too short. 2 The employer will not compensate because the contract expires.
â—Ž netizens "what to say?"
Opinion: Laborers receive training from employers, and the expenses incurred, while the knowledge and skills of the workers use training have created benefits for the employer. When the labor contract is terminated, the penalty for payment should be reduced. If the employer has not trained the workers in knowledge and technology, when the labor contract is terminated, the liquidated damages should not be paid, or the liquidated damages should be moderately appropriate. The contract for restricting the freedom of laborers with large amount of liquidated damages should be considered invalid. contract.
At the beginning of 2008, the new "Labor Contract Law" (hereinafter referred to as "the new law") was officially implemented, causing a great uproar at one time, and the whole country was mixed. In China's lighting and lighting industry, the newspaper concentrated on organizing 100 industry people to talk about the "New Law", which caused strong repercussions in the industry. At that time, many well-known people said that the complete improvement of the "New Law" has yet to be added. On the evening of May 8, 2008, the “Regulations on the Implementation of the Labor Contract Lawâ€, which was long awaited by all walks of life, finally came out in a long-awaited manner and began to be published in full text on the Chinese government legal information network, and from now until May. Public comments were sought 20 days ago.
It is reported that there are a total of 45 drafts, which further explain the problems of non-fixed-term labor contracts, the relationship between economic compensation and compensation, and labor dispatch, which are further elaborated in the implementation of the new law. For the Chinese lighting industry, the draft will be related to the future labor costs of many companies and the implementation of the New Law. For this draft, the users of Xingbang Industry Information Network () also have different opinions and explore the content of the draft from different angles.
â– The details of the draft still need to be improved â—Ž User "Tianjin Kid"
Opinion: "If the employer has trained for one worker in a period of 12 months or more than 30% of the average salary of the previous year, it is deemed to provide the first paragraph of Article 22 of the Labor Contract Law. Special training costs." How is the average salary in the previous year calculated? Still not clear.
â—Ž netizen "Torch of the torchbearer"
Opinion: Article 9 said: "Workers are not qualified for work. After training or adjusting their jobs, they are still not qualified for work." Is this not an excuse for the employer to understand the employment?
â—Ž netizens "no words"
Opinion: Article 96 of the Labor Contract Law stipulates that an institution and a staff member who implements the employment system shall enter into, perform, change, terminate or terminate the labor contract. Where the laws, administrative regulations or the State Council provide otherwise, the provisions shall be followed. When will the relevant departments of the State Council introduce the implementation rules of the Labor Contract Law? The implementation of the Labor Contract Law has been in place for nearly half a year, and so far the details that the public institutions can follow have not been seen.
â—Ž netizens "security is not bad"
Opinion: What is “the laborer is not qualified for the job, after training or adjusting the job position, still not qualified for the job� Who has the final say? The technical staff I trained, led the excuses to suspend the renovation, let me go home, let my people go to the "security guard", and finally said that he is not qualified for work, no longer signed a contract, is it because he is not qualified for work? Such a clause is "based on certain interest groups"? I didn't see the words "people-oriented" anyway.
â– More suggestions to improve the "New Law"
â—Ž netizen "I love Changde"
Opinion: Article 7: “The employer has not entered into a written contract with the employee for more than one month from the date of the employment of the employer. If the employer has worked in the private enterprise for more than one year, the employer has not yet entered into a written contract with the employee. Can the laborer still get compensation? In addition, the trial period should be revised to: 1 The trial period is 3-6 months, and one month is too short. 2 The employer will not compensate because the contract expires.
â—Ž netizens "what to say?"
Opinion: Laborers receive training from employers, and the expenses incurred, while the knowledge and skills of the workers use training have created benefits for the employer. When the labor contract is terminated, the penalty for payment should be reduced. If the employer has not trained the workers in knowledge and technology, when the labor contract is terminated, the liquidated damages should not be paid, or the liquidated damages should be moderately appropriate. The contract for restricting the freedom of laborers with large amount of liquidated damages should be considered invalid. contract.
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