Pay attention to the following contract
1 oral contract
Such contracting parties only verbal commitments, there is no formal written contract documents, and no signature recognition, if a dispute occurs, the other side will take this back to protect their own interests and accuse you of empty rumor, no data are available.
2 blank contract
The so-called blank contract, and so is the content of the essential terms of the provisions of the law does not pre-filled, allows workers in the name of the signature. And with a blank contract violations, it is not necessarily the labor contracts to workers. Once the blank because the labor contract to the workers, their contents will fill in afterwards controversial. Not to blank the labor contract to the workers, the purpose of illegal enterprises, that is, when a labor dispute arises in the future, thinking about how to fill on how to fill, how favorable business on how to do it. Therefore, workers and businesses to sign a blank contract labor, to some extent, is to own the legal rights to the company, trampled upon.
3 simple contract
Although employers to sign labor contracts between workers and, but the content is too simple, the lack of the necessary details. Even some provisions unclear, such as their treatment, criminal provisions of the employer to terminate the contract and breach of contract and other acts etc ...... case of disputes, the two sides wrangling is inevitable.
4 mortgage contract
Refers to a small number of employers will require workers who put some of their own documents (such as identity cards, etc.), in order to go to work after the property as collateral. When the employer arbitrarily dismiss workers who, for various reasons, it is non-refundable mortgage property.
Article IX of the "Labor Contract Law": When hiring a worker may not retain workers identity cards and other documents, shall not require him to provide security or otherwise collect property from the worker.
5-sided contract
Some employers in order to cope with labor and social security department for examination, prepared two contracts is in line with a fake contract law, employers only care units, used to meet inspection; another is really substandard legal contract by each party hold one. The actual execution.
Interests of workers such as double-sided contract can not really protected, they must not enter into such a contract.
6 "life and death" contract
Some employers to escape responsibility, requiring contract workers "appear sick themselves, if the enterprise is not responsible for the accident" and so on. Such employers often seen in the construction, mining and other high-risk industries.
7 "black box" contract
The rights and obligations of such contract one-sided. Some companies, especially when the private sector and individual businesses and workers sign a contract, do not negotiate with the workers, not the contents of the contract made it clear to the employee. In the contract, only in the interests of the enterprise obligations and the rights of workers labor units, with little or no prescribed rights and obligations of workers and labor units.
After Wang and as a construction company signed a two-year labor contract, only work for a month, it was labor contracts. Wang taken to court, but construction companies to contract signed by both parties in the "company employees have the absolute right to terminate" clause objection. It turned out that Wang can not read, do not know the content of the contract on my affairs.
8 bondage contract
In some specific performance of the agreement Employers and workers in the contract, workers all actions obey the employer arrangements, once contracted workers just as bondage as completely lose their freedom of action. At work, overtime, forced labor, some units even eating, dressing, toileting provide for strict time, job seekers can not even require a few years to quit work to peers in the industry.
9 King contract
Overlord contract means a contract makers widespread violations of rights of counterparties to reduce or waive the contract makers party liability or obligation.
This contract only from the perspective of the unit, job seekers are always in a passive position.
10 foreign contracts
If the employer said he only signed a foreign contract, this time it must be vigilant. The two sides in the future as a result of labor disputes to court, the contract still needs to be translated into Chinese foreign language. When the workers themselves are not good at foreign languages, high cost of professional translation often a headache.
When you check in a foreign language contract, put forward the best Chinese re-signed a labor contract, this can be avoided due to the translation between different languages and inconsistent, to avoid unnecessary trouble. Of course, workers can also ask each other to produce the corresponding Chinese version of the labor contract, otherwise it may refuse to sign.
If the units do not sign labor contracts how to do it?
"Labor Contract Law" Article 82 provides that: the employer from the date of employment of more than one month but less written labor contract year and the employee shall be paid wages to the employee twice a month.
If the units do not sign labor contracts, workers may file a request for arbitration unit labor pay double wages.
In case the employer does not sign labor contracts with workers, workers in order to prove the existence of some evidence of labor relations the following can be used:
1, payroll records, such as stamped pay slips, bank records, payroll card;
2, time cards, work permits and so on;
3, social security contributions records, social insurance contributions record is a strong evidence to prove the existence of labor relations;
4, work records, travel and other relevant evidence.