■ careful the change of one word
Xu Cheng noise points out, labor contract and work contract, it is the contract with two kinds of different property, to apply for a job person should take care all the more. Above all, look from property, labor contract is adjusted by labor law; And work contract is one is similar to the contract that provides a service, it is contract of a kind of business actually, it is to get the adjustment of contract law and civil code general rule. Next, labor contract is the principle of distribution according to work, and work contract it is an exchange of equal value. Again, the content of labor contract is by legal clause and conventional provision this two parts are comprised, legal clause has among them should be the insurance related employee pay, and work contract is nonexistent go up safe problem.
He says: "If sign labor,a few illegal conditions appear after the contract, labor department has influence canal, work for instance of the bureau execute the law group. Labor contract dispute needs labor arbitration, if refuse to obey as a result through be opposite after the arbitration, be sued again to the court. And work contract dispute, can be sued directly to the court. If labor contract appears illegal circumstance, the likelihood involves the liability of face of tripartite of liability to pay compensation and administrative responsibility, criminal responsibility, and work contract produces civil liability only commonly, be service fee pay an issue. Be service fee pay an issue..
■ " 4 danger one gold " want careful
"4 danger one gold " will strictly tell is 5 danger, include endowment insurance, medical treatment to safe, unemployed insurance, inductrial injury is sure and bear insurance, "One gold " those who point to is housing accumulation fund. Among them insurance of endowment insurance, medical treatment and unemployed insurance, these 3 kinds of danger are by enterprise and individual collective pay insurance cost, inductrial injury is sure and bearing insurance is assumed by the enterprise completely, the individual does not need pay. What the attention wants here is " 4 danger " it is legal, and " one gold " not be legal.
Xu becomes noisy introducing, "4 danger one gold " the provision that pay forehead spends every area is different, it is base with total wages. Some enterprises are in pay from time to tome base pay, have a few more relevant allowance, but some enterprises are when pay, it is base pay only, this is lawbreaking regulation. Specific scale should seek advice to labor department of place. The draw money that is sure about endowment insurance, unemployed insurance and medical treatment, it is to be in legal the ability below permission condition can be gotten, be by set protect the branch that register to extend. He says: "For instance endowment insurance, want to achieve legal age to just can be gotten, of unemployed insurance gold getting also is to should have a requirement, if deal with unemployed proof to the street agency of seat of registered permanent residence, handled card of to apply for a job again at the same time, point to to there still must be the desire of to apply for a job after unemployment namely, such condition just can be gotten. If the work does not miss after unemployment, cannot send insurance gold so. Additional, annuities and unemployed gold cannot be enjoyed at the same time. Annuities and unemployed gold cannot be enjoyed at the same time..
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