Eight Highlights Of The New Labor Contract Law

　　 Labor Contract Law Since the implementation of the new labor dispute cases, the dispute resolution has been changed because of the new law. Here we have chosen 8. classic case Some of these cases have been reconciled through mediation or negotiation, and some have been able to quell the dispute through the trial. However, the resolution of these cases tells us without exception that the positive role of the new law in regulating labor relations and safeguarding the legitimate rights and interests of the parties has emerged.

Case replay: in February of this year, "Kraft" completed the business of Danone Biscuits. Buy After that, it decided to move its headquarters in China from Beijing to Shanghai, which involved the vital interests of more than 250 employees. Kraft workers set up trade unions quickly and demanded collective consultation with the company. The head of the Beijing labor and Social Security Bureau also pointed out that "Kraft" acts "illegal procedures". After the concern of the public opinion, the two sides finally settled the settlement of the resettlement of the headquarters, and signed a special collective contract. The employee has obtained the compensation which is higher than the statutory standard, and the company has also recovered the social influence to ensure the smooth progress of the relocation.

Highlights of the new law: the fourth provision of the labor contract law stipulates that when employing units to formulate, modify or decide rules and regulations or major matters that directly relate to the vital interests of laborers, they shall put forward proposals and opinions through discussions with the staff representatives' Congress or all the staff and workers, and make an equal consultation with the trade union or workers' representatives. Because the Kraft Corporation did not conduct equal consultation at the beginning, even if it paid the economic compensation according to the statutory standard, it was still accused by the relevant departments of "procedural violation". As the saying goes, "a chopstick is easy to break, and a chopstick is hard to break." This provision of the new law has greatly broadened the legal channels for the collective rights protection of workers.

Case replay: in July of this year, an enterprise in Wangcang County of Sichuan Province, under the auspices of the labor and Social Security Bureau, paid a double wage of 8300 yuan for the workers. Fengyun has been looking at the gate in the enterprise since December 2007, and the enterprise has never signed a labor contract with him. He learned in the "labor contract law" propaganda activities that employers do not sign labor contracts with workers, employers should pay double wages, and then complain to the county labor inspection team. In addition to the full payment of 6 yuan monthly wage of 4800 yuan, and then pay a one-time compensation of 3500 yuan.

Highlights of the new law: in order to punish employers for illegal activities and increase the illegal cost of employing units not signing labor contracts, the eighty-second provision of the labor contract law stipulates that "employers should pay two times the monthly wage for workers who have not worked with workers for more than one month after signing up for a written labor contract for more than a month." However, it should be noted that this provision should take place after February 1st of this year and begin second months from the entry of the employee into the employer, and this clause is a punishment for the employer's failure to conclude a written labor contract with the laborer. According to the third article of the labor contract law, "concluding a labor contract shall follow the principles of legality, fairness, equality and voluntariness, consensus and honesty and credibility". If a written labor contract fails to be written, the responsibility for paying two times the wage is not necessarily supported by the worker but not the unit.

Case replay: in February of this year, the peasant workers of the Xi'an Conservatory of Music musical instrument factory and Li Hao applied for labor dispute arbitration. They demanded that the unilateral dismissal of the musical instrument factory be illegal and signed an unfixed term contract. Li Hao, who had received notice of dismissal, had been a painter for 19 years at the instrument factory, but he never signed a labor contract with him, and he never paid social insurance. In May this year, labor arbitration supported two employees' requests.

Highlights of the new law: the fourteenth clause of the labor contract law extends the scope of signing a labor contract with no fixed term, and cancels the "consent renewal" restriction in the labor law. Instead, the employee can make an unfixed term labor contract as long as he has worked in the same employer for a full ten years, and the employer should sign a non fixed term labor contract. Besides, he adds two new contracts to be signed without fixed term, and clearly stipulates that the employer violates the above provisions and does not sign the legal liability of the non fixed term labor contract.

Case replay: in July of this year, the eastern city court of Beijing ruled that the first non fixed term labor contract case was dismissed in Beijing, and dismissed all requests from employees. In 2005, the employee entered Hitachi's data and signed an unfixed term labor contract with the company in October of second. His position is a business manager. The company said her work range includes data entry, but she often made mistakes in the work. She later said that she stopped data entry and refused to take part in the vocational training promotion plan many times. In March this year, because she refused to enter the job for more than 2 months, the company had to recruit another person to fill the vacancy.

Highlights of the new law: the thirty-ninth provision of the labor contract law stipulates: "if a worker has one of the following circumstances, the employer may rescind the labor contract:... (two) a serious violation of the rules and regulations of the employing units... " An unfixed term labor contract is a contract between the two parties which does not stipulate a definite termination time. Some people call it the "iron contract". However, as long as it is in conformity with the provisions of the thirty-ninth and fortieth provisions of the labor contract law, the employer can rescind the contract. The key of the case is not that employees always make mistakes in data entry, but that the company has told her to participate in the improvement performance plan, and if performance improvement will continue to fulfill the contract, she refuses. If a worker seriously violates the rules and regulations of the unit, no fixed term labor contract can be terminated.

Case replay: in July of this year, SIEMENS (China) Co., Ltd. Shanghai branch launched the most dismissal compensation in the city. Mr. Xie entered SIEMENS Mobile Communication Co., Ltd. in June 1995 as a sales person in Shanghai. In October 2003, he was transferred to SIEMENS (China) Co., Ltd. as the general manager of Anhui. In April 18th this year, the company had no reason to dismiss it unilaterally. Mr. Xie filed a complaint with the Pudong labor dispute arbitration court in June, demanding a resumption of labor relations. The company insisted that it would not resume labor relations. Mr. Xie put forward a compensation requirement of 3 million yuan. After mediation, the two sides finally reached a level of compensation of 1 million 350 thousand yuan.

Highlights of the new law: the labor contract law stipulates that if the employer violates the provisions of this law to terminate or terminate the labor contract, if the worker requests to continue to fulfill the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfil the labor contract or the labor contract can not continue to perform, the employer shall pay compensation to the laborers in accordance with the economic compensation standard two times. However, it should be noted that the labor contract law, which started this year, has set a double ceiling on the economic compensation for high-income workers, that is, the economic compensation base is determined by three times the average monthly wage of the local workers in the previous year, and the maximum period of economic compensation is not more than twelve years. The key to this case is that the law respects the agreement reached between the parties.

Case replay: in April of this year, the Shunyi District Labor Arbitration Commission of Beijing decided for the first time that the two pilots had zero compensation to terminate the labor contract and dismissed all the counterclaim requests of Xinhua Airlines. In March, China's Xinhua aviation pilot Wang Zhenjun and Guo Yuebing applied for labor arbitration. They were required to cancel their labor contracts with Xinhua Airlines, and were countercharged by Xinhua Airlines. They were awarded damages of more than 500 yuan and compensation fees respectively. For the proposition that Xinhua Airlines requires two pilots to pay the vacancy cost and management fee, the arbitration tribunal considers that the cost is calculated by the airlines according to their own profits and management conditions, and the arbitration tribunal will not support the two pilots if they do not accept the evidence and the airlines fail to give evidence.

Highlights of the new law: there is an important change in the labor contract law: the terms of responsibility for violating the labor contract in the labor law have been abolished, and only when the training period of service stipulated by law and the articles of competition restrictions are stipulated, can the employer agree to liquidate damages with the laborers. Since the two pilots were already mature pilots of the air force before they were transferred, the airlines did not spend a lot of training fees on them, and according to the relevant regulations of the Civil Aviation Administration, the transfer fee between the pilots of 700 thousand to 2 million 100 thousand yuan should be accepted by pilots instead of pilots. According to the labor arbitration, Xinhua Airlines should not ask the pilot to bear the penalty. But the case has not yet been settled, and other jurisprudence shows that pilots are not "zero claims".

Case replay: in May of this year, the first intermediate people's Court of Shanghai made a final judgment on a case of academic fraud. Ms. Xu returned the company's compensation and part of the salary, and compensated for the economic losses, totaling more than 7 yuan. A few years ago, Ms. Xu signed a labor contract with a forged double degree from Fudan University and a high-tech company in Zhangjiang hi tech park, Shanghai. The monthly salary was 9000 yuan and then increased to 13000 yuan. In February last year, the company proposed the termination of the labor contract, and signed an agreement to pay the economic compensation for Ms Xu equivalent to 4 months' wages and a total of 65000 yuan for a month. In August last year, Ms. Xu submitted a labor dispute arbitration and asked the company to pay more than 22 yuan compensation for competition restriction. In September, the company learned that Ms Xu's education was purely forgery, and then filed a counterclaim against the labor dispute arbitration committee, asking Ms Xu to return the economic compensation and the extra salary to the company and compensate the company's economic losses.

Highlights of the new law: the labor contract law first clarifies the right to know in the conclusion of the labor contract. The eighth provision stipulates that when the employing unit exercises the right to know, the worker has the obligation of truthfully telling. In this case, Ms. Xu falsified academic qualifications, which is a labor contract signed by the twenty-sixth law of the labor contract law, and the labor contract is invalid from the beginning.

Case replay: in March of this year, the Jinshan District court of Shanghai issued the first application for payment of labor remuneration in this Municipality. Xia Huolin and other 13 employees are engaged in casting work in Shanghai Zenggang Hardware Co., Ltd. For employees' wages, the enterprise has been using the early part of the staff to send a portion of the rest until the end of the year. In 2007, due to the poor management of the enterprise, they repeatedly owed other businesses' loans and were sent to court by these enterprises. Due to the limited pay ability of the enterprise, wages began to be defaulted. The matter was discovered by labor and Social Security Bureau of Jinshan District in labor supervision. After being punished by administrative punishment, the company still did not pay the wages of its employees. The employees, in the case of intolerable patience, applied indignantly to the Jinshan District people's court for payment order.

The new law highlights: the labor contract law also introduces the payment order system in civil litigation to labor disputes. The thirtieth provision states: "if the employer is in arrears or fails to pay the remuneration in full, the worker can apply for payment order to the local people's court according to law, and the people's court shall issue a payment order according to law." Accordingly, laborers do not need to go through the pretrial procedure of labor dispute arbitration, and they can apply directly to the court for payment order.