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Lawyers Say: Employees Should Take Care Of Keeping Attendance Records And Other Evidence.

2014/5/20 9:33:00 51

LawyerEmployeeAttendance Record

< p > < strong > Company regulations < a href= "//www.sjfzxm.com/news/index_c.asp > > system < /a >" golden rule "< /strong > /p >


< p > many companies terminate their contracts with employees, based on the staff's violation of the rules and regulations of the unit.

But in reality, the rules and regulations are not acceptable to the court.

< /p >


< p > Judge Li said that according to the fourth provision of the labor contract law, the rules and regulations formulated by the employing units should have the democratic nature of making procedures, the legality of rules and regulations, and the publicity of rules and regulations.

That is to say, the rules and regulations of the unit must be passed by all the workers' Congress and embody democracy.

The content is legal, and it is publicized through publicity.

Instead of setting up a system by meeting several CEOs of a unit, they will notify employees to carry out the system.

In accordance with such rules and regulations, the termination of a contract with the employee will not be recognized by the court.

< /p >


< p > < strong > there is no need to pay less than a href= "//www.sjfzxm.com/news/index_c.asp" > compensation > < /a > /strong > /p > when the contract is not renewed.


< p > some units and staff contracts expired, the employee is considered unsuitable and does not intend to renew the contract.

At this point, because the contract is full, the unit can not take any responsibility.

< /p >


This is definitely a misunderstanding, Li P said.

When the contract expires, the employee has no fault to renew the contract. If the unit does not renew the contract, it will pay the employee according to the length of work of the employee in the unit and pay the monthly salary according to the standard of one month's work.

< /p >


< p > < strong > there is no agreement between the posts and the negotiated companies. The company can cancel the agreement at < /strong > < /p >.


< p > employees have been working in a post for a long time, and the unit wants to assign posts to their employees.

If the employee is not willing to work, the unit gives employees opportunities, employees do not cherish, the unit can terminate the contract with the employee.

< /p >


< p > Judge Li said that the unit is a two-way relationship with employees, and the unit has the right to dismiss employees.

However, it is necessary to ensure that every procedure to be terminated with employees must comply with the law, such as adjusting posts for employees, which must be based on consensus between the two parties.

If the employee is originally a manager or a clerk, the unit will be adjusted to ordinary employees or clerical staff should be deployed to the field.

Workers have their own choice.

If the other party does not agree, the unit can not cancel the contract on this grounds.

Of course, the unit considers that the employee is not easy to use and can make a cancellation if payment is made.

< /p >


< p > "in real life, the unit is in a strong position.

But from < a href= "//www.sjfzxm.com/news/index_c.asp > > legal level < /a >, the unit is weak, because the labor law protects workers.

The case also shows that the company's legal awareness is not strong enough to strengthen the study of the labor law.

In the case of Wang Mu, Li Huimin, director of the labor protection committee of the Guangxi Bar Association, expressed his views.

< /p >

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