1. When signing a contract, workers must first understand the basic situation of the company and judge whether it is a legitimate enterprise. The name, address and telephone number of its legal representative shall be known. This information can be obtained by searching industrial and commercial registration information on the Internet, and it is required to clearly write these contents in the contract. 2. Laborers should be clear about their specific work, and indicate the content and specific location of the work in the contract. A case: Zhang lives near Sijiqing Bridge in Haidian District, Beijing. She goes to a supermarket chain near her home to apply for a job. After a while, the company transferred her to a chain store in Daxing, a suburb, which caused a dispute. As the contract only stated that Zhang was going to work in Beijing, the focus of this labor dispute case was that the specific work place agreed in the contract was unknown, which led to the failure of the case. Case 2: Zhao applied for an assembly and debugging job in an automobile factory, which belongs to a technical type of work and has a high salary; Later, the enterprise transferred him to an unskilled and low-paying position, and he didn't want to do it. After a labor dispute with an enterprise, it is written as an "operator" in the contract, which involves a wide range of work, and the specific nature of the work is not clear, which leads to the dispute losing. 3, labor remuneration should be clear, avoid verbal agreement. For example, what is the standard salary, whether there is a bonus or not, and according to what standard, these data must be reflected in the contract, and don't believe the boss's verbal commitment. Case: Xiao Li went to work in a private enterprise, and the salary on the contract was more than RMB 1000 per month. The boss promised to get more than 2000 a month. After working for several months, Xiao Li still got more than 1000 a month, which led to disputes. Finally, because the boss didn't say anything, Xiao Li didn't get the reward he wanted. 4. Pay special attention to the probation period. The law stipulates that the probation period shall not exceed six months at the longest, and the contract that only stipulates the probation period is invalid. It is cheating to ask workers to leave after the probation period. During the probation period, the employer shall not terminate the labor relationship without reason; Employees can leave their jobs unless they do not meet the recruitment requirements. 5. The payment method and time of labor remuneration should be clear, whether it is cash payment or bank payment. Some units bind workers by withholding one month's salary, which has no legal effect. After the termination of the labor contract, if the employer refuses to provide the withheld labor remuneration, the employee may settle it through labor arbitration. 6. The working hours and working conditions of workers should be clear. Some workers acquiesce in the enterprise's request for severe overtime in order to make more money. This is against the labor law, and now there are more and more wage disputes. In addition, the working environment is toxic and harmful, especially in chemical tanning and shoemaking enterprises, and the working environment that may cause mechanical damage to workers in the mechanical processing industry should be clearly stated in the contract. 7. Social insurance agreement. Some enterprises mislead workers into voluntarily giving up social security by saying that they can get more wages without social security. Lawyers remind workers that social security should be considered for a long time, and the longer the working hours, the greater the problem, which involves the issue of providing for the elderly; Once an industrial accident occurs, the quickest solution is to quickly choose the green channel of industrial injury insurance subsidies and save lives through social insurance purchased by workers. Therefore, having social security means having security. 8. Don't sign a blank contract. Blank contract means that enterprises take out a blank contract in order to cope with the inspection, and let the workers sign and press their fingerprints first, and go through a procedure. Workers don't take contracts seriously, and some contracts are not even stamped. In the event of a labor dispute, this kind of contract is invalid, and the cost of workers' rights protection is high. 9. Some contracts stipulate illegal contents, such as "self-care for work-related injuries" in which female employees are not allowed to get married and have children, and requiring workers to sign life and death contracts. These terms are legally invalid and workers can refuse to sign. 10. After the labor contract is sealed, the employee and the employer shall each hold one copy. A labor contract is the most direct and effective legal document that can be issued by both employers and employees when a labor dispute occurs. When dealing with work-related injury cases, there are not a few cases in which the employer's claim for compensation is rejected because the laborer does not have a labor contract at hand. Some enterprises took both contracts away after signing them. When a dispute occurs, the employee does not have a contract, and the unit may not necessarily admit that this person exists. In addition, even if there is a labor contract, it is still necessary to keep evidence that can prove the labor relationship, such as salary slips, job interview notes, work certificates, physical examination forms, and unit signatures. "The above is a reply to what should be paid attention to in the problematic labor contract.
Legal objectivity:
Article 464 of the Civil Code of People's Republic of China (PRC) is an agreement between civil subjects to establish, change and terminate the civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature. Article 16 of the Labor Law of People's Republic of China (PRC) is an agreement between laborers and employers to establish labor relations and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded.