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Published byElvin Spencer Modified over 6 years ago
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What !!! I have to pay 500,000 to Rose because I fired her improperly ?
WHY? WHY? WHY?
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HIGHLIGHTS 1.Purposes of the law 2.Employment Contract
3.Duties of both party 4.Term of labor contract : Fixed period or without fixed period / long term contract Payroll : salary before tax, salary after tax, social benefit , IIT Social insurance and housing fund : Paying the social insurance and housing provident fund is the employer’s legal and compulsory liability and obligation. Is it legal if an employee applies for not paying the social insurance and housing fund ? No, it is illegal. From the judicial practice in Beijing now, the dispute over shouting fund has not been incorporated into the labor dispute settleme nt scope. Reference check Reference letter from the last employer with more than one supervisor’s contact Release letter from the last employer Self commitment letter Employment Contract: Probation : no probation should be prescribed for part-time employees. Term of labor contract Probation period A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months Term of labor contract : Fixed period or without fixed period / long term contract Under the following condition, the contract shall be without fixed term / long term. Uninterrupted term of 10 years working for your company After two times fixed period contract Law: Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded. Other tips about contact : What if an employee refuses to sign the written labor contract ? Step 1: Written notice to urge the employee to sign the contract within 1 month from the date of induction. Step 2: written notice to terminate the employment relationship. 2. What terms and conditions shall be in the labor contract ? Name of the employer, name of the employee, ID number, contact address; Job title, wages, social benefits details, IIT information, annual leave, annual bonus and other benefits. Period of the contract, probation, termination terms; working hour and work place. 3. Is it ok to keep a electric version or photocopy of the labor contract ? 4. What date shall be mentioned in the contract.. Eg if the on boarding date is September 12th, but contract is signed 15 days later. 5. Shall we sign a probation contract first, then after probation we sign labor contract ? 6. Shall we sign contract for part time employee ? 7. Is offer letter consider part of labor contract ?
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Termination of Labor Law :
Compensation Contract Ends Terminate contract before ends Termination during probation
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Term of labor contract Probation period
A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months
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Under the following condition, the contract shall be without fixed term / long term.
Uninterrupted term of 10 years working for your company After two times fixed period contract Term of labor contract : Fixed period or without fixed period / long term contract. Law Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded.
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Second part : After employment
1.How to reduce risk of law suits and prepare for them when they come ? 2. Checklist of what HR policies we should be covering. 3. What we should check about our own HR to make sure they are doing a good job? Payroll : salary before tax, salary after tax, social benefit , IIT Social insurance and housing fund : Paying the social insurance and housing provident fund is the employer’s legal and compulsory liability and obligation. Is it legal if an employee applies for not paying the social insurance and housing fund ? No, it is illegal. From the judicial practice in Beijing now, the dispute over shouting fund has not been incorporated into the labor dispute settleme nt scope. Reference check Reference letter from the last employer with more than one supervisor’s contact Release letter from the last employer Self commitment letter Employment Contract: Probation : no probation should be prescribed for part-time employees. Term of labor contract Probation period A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months Term of labor contract : Fixed period or without fixed period / long term contract Under the following condition, the contract shall be without fixed term / long term. Uninterrupted term of 10 years working for your company After two times fixed period contract Law: Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded. Other tips about contact : What if an employee refuses to sign the written labor contract ? Step 1: Written notice to urge the employee to sign the contract within 1 month from the date of induction. Step 2: written notice to terminate the employment relationship. 2. What terms and conditions shall be in the labor contract ? Name of the employer, name of the employee, ID number, contact address; Job title, wages, social benefits details, IIT information, annual leave, annual bonus and other benefits. Period of the contract, probation, termination terms; working hour and work place. 3. Is it ok to keep a electric version or photocopy of the labor contract ? 4. What date shall be mentioned in the contract.. Eg if the on boarding date is September 12th, but contract is signed 15 days later. 5. Shall we sign a probation contract first, then after probation we sign labor contract ? 6. Shall we sign contract for part time employee ? 7. Is offer letter consider part of labor contract ?
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Main points where the arbitration or lawsuit at.
Salary, over time pay leave and holiday pay Annual bonus, commission Social insurance Disagreement of termination of labor contract
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(1)How to properly fire an employee (to minimize risk of lawsuit) ?
(2)Post law-suit filing (3)How to deal with the situation / communication Payroll : salary before tax, salary after tax, social benefit , IIT Social insurance and housing fund : Paying the social insurance and housing provident fund is the employer’s legal and compulsory liability and obligation. Is it legal if an employee applies for not paying the social insurance and housing fund ? No, it is illegal. From the judicial practice in Beijing now, the dispute over shouting fund has not been incorporated into the labor dispute settleme nt scope. Reference check Reference letter from the last employer with more than one supervisor’s contact Release letter from the last employer Self commitment letter Employment Contract: Probation : no probation should be prescribed for part-time employees. Term of labor contract Probation period A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months Term of labor contract : Fixed period or without fixed period / long term contract Under the following condition, the contract shall be without fixed term / long term. Uninterrupted term of 10 years working for your company After two times fixed period contract Law: Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded. Other tips about contact : What if an employee refuses to sign the written labor contract ? Step 1: Written notice to urge the employee to sign the contract within 1 month from the date of induction. Step 2: written notice to terminate the employment relationship. 2. What terms and conditions shall be in the labor contract ? Name of the employer, name of the employee, ID number, contact address; Job title, wages, social benefits details, IIT information, annual leave, annual bonus and other benefits. Period of the contract, probation, termination terms; working hour and work place. 3. Is it ok to keep a electric version or photocopy of the labor contract ? 4. What date shall be mentioned in the contract.. Eg if the on boarding date is September 12th, but contract is signed 15 days later. 5. Shall we sign a probation contract first, then after probation we sign labor contract ? 6. Shall we sign contract for part time employee ? 7. Is offer letter consider part of labor contract ?
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Business Registration
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Business Registration
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Business Registration
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Business Registration
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Business Registration
Our Services Business Registration Accounting Solutions Visa Consulting HR Services Social insurance and housing fund management Payroll and IIT management Organization structure recommendation (assess what your company need) Employment agreement/Labour contract design (in dual language) HR policy and handbook development HR basic processes development Training Labor issue consultancy Marketing consultancy New employee orientation
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Thank you ! 谢谢! Grazie! Danke ! Tacka!Tak ! Gracias ! Merci !
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