Many people have had part-time experience. Do I need to sign a labor contract for a part-time job? This is a problem that many people care about. Part-time job is actually part-time. In order to protect labor rights and interests, a labor contract or an oral agreement may be required. Bian Xiao will explain it for you in detail.
1. Do I need to sign a labor contract for a part-time job?
Taking a part-time job, usually paid by the hour, is actually a part-time job. May require the signing of a labor contract or an oral agreement.
Article 69 of the Labor Contract Law: Part-time employees may conclude an oral agreement.
According to China's Labor Contract Law, the average working hours of part-time workers in the same employer generally do not exceed four hours a day, and the cumulative working hours per week do not exceed twenty-four hours. The probation period shall not be agreed, and the longest settlement period of labor remuneration shall not exceed 15 days.
Laborers engaged in part-time employment may conclude labor contracts with one or more employers; The labor contract concluded after does not affect the performance of the labor contract concluded before. Either party can notify the other party to terminate the employment relationship at any time, and the employer does not pay economic compensation to the workers.
What should be noted when signing a part-time contract is to make sure that the contract itself is legal; Carefully check whether the terms of the contract are complete; Beware of overlord contracts (unfair and unreasonable contracts); Dare to question the aspects in the contract that may harm one's own interests; Use the supplementary clauses in the contract to supplement the contents that are conducive to safeguarding their own rights and interests and reducing the risk of infringement; Enhance self-protection awareness and legal concept, and never sign a contract that is extremely unfavorable to yourself, otherwise the future trouble will be endless; Keep a copy of the contract for yourself. In case there is a conflict of interest between the two sides in the future, it is easy to verify.
Second, part-time contracts should pay attention to the following points.
1. It is suggested to sign a contract to clarify the rights and obligations of both parties.
2. Part-time employees can only sign labor contracts and do not pay social security accumulation fund.
3. If the part-time job is a long-term job, it is necessary to sign an agreement, which can be a temporary employment agreement or a part-time labor contract, specifying the post, job responsibilities, salary and salary, and the time and method of payment.
In addition, after getting the contract, we should pay attention to the following points:
1. Make sure the contract itself is legal. Confirm that the labor contract signed by oneself is legally binding, including: the employer must have the legal person qualification, and the private enterprise must meet the legal conditions. The contents (rights and obligations) of the labor contract signed by both parties must comply with laws, regulations and labor policies, and shall not engage in illegal labor; In addition, the procedures and forms of signing labor contracts must be legal.
2. Carefully check whether the terms of the contract are complete. A formal contract should have complete terms, including place, time, specific work contents and standards, labor remuneration, contract term, liability for breach of contract, dispute settlement method, signature and seal, etc.
3. Beware of overlord contracts (unfair and unreasonable contracts). Beware of contracts with unclear terms and vague concepts, which only stipulate the obligations of job seekers and rarely involve the rights of job seekers.
4. bravely question the aspects in the contract that may harm your own interests.
5. Make use of the supplementary clauses in the contract to supplement the contents that are conducive to safeguarding their own rights and interests and reduce the risk of infringement.
6. Enhance the awareness of self-protection and the concept of legal system, and never sign a contract that is extremely unfavorable to yourself, otherwise the future trouble will be endless.
7. Leave yourself a contract. In case there is a conflict of interest between the two sides in the future, it is easy to verify.
You can better safeguard your own interests when there is a labor dispute and get your own labor income on time. When signing a labor contract, you need to pay attention to some contract details and make a stub to avoid unnecessary contract disputes in the future. At ordinary times, we should also appropriately enhance our awareness of self-protection and legal concept.