State organs, institutions, social organizations and workers who have established labor contract relations with them shall be implemented with reference to these measures. Article 3 The labor administrative department of the people's government at or above the county level shall be responsible for the implementation, supervision and inspection of the labor contract system.
The relevant administrative departments shall, in accordance with their respective responsibilities, cooperate with the labor administrative departments in the implementation of the labor contract system. Article 4 A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties.
The employer and the employee shall conclude a labor contract in written form in accordance with the laws and regulations of the state and on the principle of equality, voluntariness and consensus through consultation, and shall be appraised by the labor administrative department in accordance with the relevant provisions of the state.
If the laborer is a regular worker (including management personnel and technical personnel), a labor contract shall be concluded after the implementation of the labor contract system. If the employer and the employee have concluded a labor contract, if the contents are consistent with these measures, the original contract shall be implemented; If there is any inconsistency, the terms of the contract can be changed according to these measures after both parties reach an agreement through consultation. Article 5 A laborer shall conclude a labor contract with the legal representative or owner of the employing unit.
The legal representative of the enterprise shall sign an employment contract with the competent department or the board of directors that has administrative and economic jurisdiction over it, and no longer sign a labor contract with the enterprise. Article 6 When signing a labor contract, the employer may stipulate a probation period. If the term of the labor contract is less than 1 year (inclusive), the probation period shall not exceed 1 month; If the term of the labor contract is more than 1 year but less than 5 years (including 5 years), the probation period shall not exceed 3 months; If the term of the labor contract is more than 5 years, the probation period shall not exceed 6 months. Article 7 An employer may not stipulate a probation period when concluding a labor contract with the following laborers:
(a) the original fixed employees of the unit;
(two) the post (type of work) has not changed after re-employment;
(3) Demobilized soldiers and their dependents;
(four) the state mandatory allocation of resettlement personnel.
Demobilized veterans and their dependents can be given 2 years to familiarize themselves with the business; For college graduates assigned by the state, the provisions of the state on probation shall be implemented. Article 8 Collective contracts shall be signed by trade unions on behalf of employees and enterprises. If the enterprise has not established a trade union organization, the laborer may nominate representatives to sign with the enterprise. Article 9 If the employee proposes to terminate the labor contract within the contract period, it belongs to the training funded by the employer. Before the termination of the labor contract, the employer must compensate the actual expenses for training the employee and the economic losses caused to the employer by the termination of the labor contract.
After the training, the training fee will be reduced by 20% for every job 1 year in the original unit. Article 10 After the expiration of medical treatment for work-related injuries or occupational diseases, the employing unit shall arrange appropriate work for those who are identified as partially incapacitated by the labor appraisal committee. Upon the expiration of the labor contract, the employing unit shall not terminate the labor contract, except at my request. Article 11 If a female employee's labor contract expires during pregnancy, childbirth and lactation, the employer shall not terminate the labor contract, but it shall continue until the expiration of pregnancy, childbirth and lactation. Article 12 If a laborer is reeducated through labor according to law or is investigated for criminal responsibility, the labor contract will be automatically dissolved, but the procedures for dissolving the labor contract must be handled. Article 13 If the labor contract is dissolved in accordance with the provisions of Articles 24, 26, 27 and Item (2) and (3) of Article 32 of the Labor Law, or the labor contract is dissolved due to the expiration of the contract, the employer shall give the laborer a one-time economic compensation.
The compensation standard for dissolving the labor contract is: if the employee has worked in the company for more than 1 year and is less than 10 year (including 10 year), he/she shall pay the salary equivalent to 1 month for every full 1 year (according to the employee who worked for 12 months before dissolving the contract) For those who have worked in this unit for more than 10 years, pay the salary equivalent to 1 month and a half for each full 1 year; Those who have worked in this unit for less than 1 year will be paid according to 1 month.
The compensation standard for dissolving the labor contract at the expiration of the contract is: pay 1 month's salary for every 1 year I have worked in this unit, but the salary shall not exceed 12 months at most. Article 14 An employing unit shall seek the opinions of its own trade union when terminating a labor contract. If the employer violates laws, regulations or labor contracts, the trade union has the right to request a new treatment. Fifteenth after the implementation of the labor contract system, the insurance benefits of workers are lower than those of the original permanent workers, and the enterprise shall give certain wage subsidies. According to the economic affordability of the enterprise, the monthly subsidy standard is 7-9% of my total salary, and the required funds are included in the cost. Article 16 If a worker is sick or injured at work, the employing unit shall give him a certain medical treatment period in accordance with state regulations. After the expiration of medical treatment, if the labor contract is terminated in accordance with the provisions of Item (1) of Article 26 of the Labor Law, in addition to giving one-time economic compensation in accordance with the provisions of Article 13 of these Measures, a medical subsidy of not less than 6 months' salary shall also be issued.