Although the current labor contracts have been printed out by employers, many employees will carefully check the contents of the labor contracts before signing them. For example, some employees may find typos in the process of reviewing contracts. Don't ignore this detail. The typos in some key clauses may have completely different meanings in law. Then, what if there is a typo in the labor contract?
1. What should I do if there is a typo in the labor contract?
A labor contract shall come into effect after it is signed or sealed by the employer and the employee. When signing a labor contract, if there are typos or mistakes, you can cross out the amendments, but you need to ensure that the contents of the two labor contracts are consistent. In addition, it is best to affix the seal of the employer and the handprint of the laborer to the modified place.
Legal basis: Labor Contract Law
Article 16 A labor contract shall come into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract.
The text of the labor contract is held by the employer and the employee respectively.
Second, matters needing attention in signing a labor contract
1, about the form of the contract
A labor contract must be signed in writing, indicating both parties, contract terms and date. This contract is made in duplicate, one for the employee and one for the employer. The date of the contract is related to the time limit for workers to enjoy their rights and perform their obligations, and also to the possible limitation of action in the future. When signing each contract, we should pay attention to whether it is the same contract. Enterprises have made some favorable changes in terms. Some enterprises have prepared several different contracts, one is to deal with external inspections, and the other is to strongly restrain workers and implement them in practice.
2. About the content of the contract
An effective labor contract includes the term of the contract, work contents, labor protection and working conditions, working hours, rest and vacation, labor remuneration, labor discipline, termination conditions of the labor contract, liabilities for breach of the labor contract and other contents that both parties of the contract think should be agreed upon through consultation. Don't be afraid of triviality. The more terms involved in the contract, the more detailed and clear the terms, and the more favorable it is to the workers.
3. About the probation period
During the probation period, employees can leave the company at any time, without having to bear the liability for breach of contract, and the company must prove that employees do not meet the employment conditions before they can terminate the labor contract. During the probation period, the wages provided by the enterprise to the workers are relatively low, and the welfare benefits are not as good as those of the regular employees. Some enterprises will find some excuses to dismiss workers on probation in order not to fulfill their contractual obligations. At this time, they must pay attention to protecting their rights.
A contract should be signed before the probation period, which is an integral part of the labor contract and included in the term of the labor contract. During the probation period, workers have the right to enjoy various social insurances. In order to reduce costs, some enterprises refused to buy social insurance for the workers during the probation period, which is legal. Employers must buy insurance for the workers.
The probation period can be agreed when signing a contract for the first time. If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.
The employee's salary during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the enterprise is located.
4. Make clear the salary type.
First of all, it is necessary to make clear whether the salary is pre-tax salary or after-tax salary. The pre-tax salary includes the personal income tax that the laborer should bear according to law, and the actual salary that the laborer gets is the balance after deducting the personal income tax and "four insurances and one gold" from the pre-tax salary. If the enterprise promises to pay after-tax wages, the employer must make it clear in the contract, otherwise it will be deemed as pre-tax wages in case of dispute.
5. About social insurance
Social insurance refers to "four insurances" and "one fund", including old-age insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance, and "one fund" refers to housing accumulation fund. Among them, pension insurance, medical insurance and unemployment insurance are paid by enterprises and individuals, and the expenses borne by individuals are deducted from wages. Industrial injury insurance and maternity insurance are entirely borne by enterprises, and individuals do not need to pay fees. The "four risks" are legal, and it is the legal obligation of the enterprise to insure the workers, while the "one gold" is illegal, so the enterprise can not take this welfare.
6. It is necessary to clarify the responsibilities of both parties for violating the labor contract.
Liability for breach of contract is an indispensable clause in the contract. A labor contract is an agreement on the rights and obligations of both parties, and the liability for breach of contract should include the responsibilities of both parties. Some contracts only stipulate the laborer's liability for breach of contract, but say nothing about the responsibility of the enterprise, which violates the principle of fairness in concluding contracts. The staff and workers shall negotiate with the enterprise on the determination of liability, the scope of compensation, the calculation method and the way of undertaking.
You can tell the employer to cross out the original labor contract and modify it, as long as the company and your own contract are consistent. However, we must not be too rigid when dealing with typos in labor contracts. There are many typos in key clauses that deserve attention, some of which are not important typos. Don't follow the company, but must be revised.