First, we should pay attention to the study and training of labor contract law. No matter what major you graduate from a university, mastering the relevant rights and obligations in the Labor Contract Law and the requirements for the entry into force, performance, modification, termination and dissolution of the contract can not only require the employer to correct it immediately, but also prevent problems before they happen.
Second, we should pay attention to honesty and friendliness. Article 8 of the Labor Contract Law requires that the employer shall inform the job responsibilities, standards, address, occupational diseases, safe production and labor remuneration in advance; They also have the right to know the basic information of the workers directly related to the contract, and the workers should show it truthfully. Before signing the contract, we should not only fully grasp the enterprise, but also give the real situation.
Third, we should pay attention to distinguish the types of contracts. Article 12 of the Labor Contract Law requires that labor contracts be divided into three categories: fixed term, non-fixed term and term based on certain work objectives. The type of contract directly endangers legal rights, and no matter what its characteristics, it can't be signed.
Fourth, we should pay attention to signing a written contract. Article 10 of the Labor Contract Law requires that a written labor contract should be signed to establish labor relations. However, many enterprises do not sign written contracts in order to circumvent laws and regulations. There are also fresh graduates who simply agree verbally because of face. In that case, once labor arbitration happens, it will be difficult to deal with.
Fifth, we should pay attention to irregular regulations. Article 9 of the Labor Contract Law requires that workers' second-generation ID cards and other valid certificates shall not be seized, nor shall they be required to show guarantees or deduct money in other names. Therefore, we should pay attention to customary practices, such as returning the deposit or identity documents.
Six, we should pay attention to the inspection of the necessary terms. According to the requirements of Article 17 of the Labor Contract Law, check nine necessary clauses: company name, domicile and legal representative or person in charge; The employee's name, home address and ID card or other reasonable ID number; Term of labor contract; Job responsibilities and address; Working hours and rest and vacation; Labor remuneration; Social security; Labor protection, standards and occupational disease safety protection; Other matters required by laws, regulations and policies. None of the above provisions can be omitted. Otherwise, if there are mistakes and omissions, it will bury the hidden danger of labor arbitration safety.
Seven, we should pay attention to whether the internship period is in line with the regulations. It should be noted that the internship period in Article 19 of the Labor Contract Law cannot exceed 6 months at most, and only one appointment is required. At the same time, it should be noted that according to the requirements of Article 20, the probation salary shall not be less than 80% of the minimum wage or agreed salary for the same position, and shall not be lower than the minimum wage standard.
Eight, we should pay attention to carefully and repeatedly scrutinize the contract. When signing, you should not only carefully scrutinize the text, but also carefully read the job description, responsibility system, work discipline, salary payment requirements, evaluation and other management systems. As an annex to the contract, it has the same laws and regulations. When it is found that the description is unclear, it should immediately indicate the detailed explanation and modification.
Nine, we should pay attention to contract liquidated damages. According to the requirements of Article 25 of the Labor Contract Law, except that Article 22 requires special training fees to give agreed working years, and Article 23 requires payment of agreed liquidated damages in violation of the non-competition agreement, workers shall not be agreed to bear contract liquidated damages.
Ten, pay attention to the reasonable storage of words. It should be noted that after the contract is signed, both parties shall hold one copy and keep it properly. Otherwise, the legitimate rights and interests are damaged or there is no key direct evidence about labor arbitration.
As a new age group, fresh graduates lack work experience and social experience, which can easily lead to their legitimate rights and interests being infringed by employers when looking for a job, or they are willing to reduce their salary and benefits in order to find a job more urgently. In fact, in order to prevent that from happening, I suggest that fresh graduates should clearly know what are the common problems before applying for a job, which is also very important for themselves.