Be apart from " labor contract law " apply formally return remnant to be less than in January, what get citizen attention fully is, protect what the worker closes right increase to tilt from its legislation looks, unit of choose and employ persons cannot exceed law to set range in conventional provision, requirement worker assumes more obligation; And laborer answer however can be in conventional provision, work surely in national law on standard base, requirement unit assumes more obligation.

Closely around heat topic, join the typical case beside, zhu Hongqing of the member that our newspaper requests town work and Wang Qinghua of director of social security bureau, deputy survey, shen Tongxian of associate professor of Su Dafa college cite case statement, open the new law with office worker be closely bound up " most window " --

Heat one

Much portion " professional stability feels "

New law is clicked

The sun that for private use is versed in rises those who sign a contract to be not ordered 1 year completely, regard as already concluded without solid calm deadline works contract. Worker works continuously in this unit full 10 years; Unit the first time implement labor contract system, or the state-owend enterprise changes make conclude afresh when the contract, worker works continuously in the unit full 10 years, and be apart from legal and emeritus age to be not worth 10 years; Establish even renew one's subscription twice fixed deadline contract, accord with those who set contract of renew one's subscription, all should conclude without fixed deadline contract.

Typical a case

1996, xu Mou suffers hire will to some groom the center is become electrical engineering, did not sign labor contract at that time. By 2000, groom center and some hotel are amalgamative, the hotel signed a contract with its (came on January 1, 2001 on December 31, 2002) . After termination of contract, bilateral add signs two years period contract. During fulfilling, the hotel ever arranged his to need post, send 250 yuan of living cost every months, send at stopping since June 2005, xu Mou informs the contract expires not to renew an autograph again after. To this, demur of Xu Mou hold, talk things over with the unit not after fruit, submitted to to arbitrate in Feburary this year, the requirement maintains the working relationship between both sides, reissue the salary since last year July.

Decide relevant data via entrusting concerned branch ancient bronze mirror, labor is arbitral appoint the deadline that ruling both sides signs disabled to the contract December 31, 2006 on January 1, 2005, maintain bilateral working relationship, contract of labor of unit filling autograph, reissue Xu Mou living cost.

The expert is commented

Labor contract is short-term change, the worker lacks professional stability to feel. Especially advanced a few years, a few state-owend enterprises change make for civilian look forward to, partial worker contract can be signed one year only. And this batch of people are in more middleaged, go up in the home have next old having small, life burden is heavier. " labor contract law " the clause that does not have fixed deadline contract about protecting a worker to sign, see the trouble back at home besides them in certain level already, also keep within limits contract of labor of company of investment of partial foreign trader, civilian battalion industry tends short-term the trend that change.
Previous12 Next