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Avoid Wage Disputes &Nbsp; &Nbsp; Labor Contracts Are "Umbrella".

2010/12/9 16:15:00 52

Wage And Welfare Labor Contract Labor Disputes

Some small and medium-sized enterprises lack of labor management system, employment procedures are not standardized, some overtime do not comply with the provisions of the law; some enterprises are not in place, the management is not scientific, and even the boss paid wages to escape, and so on, causing a lot of disputes.


To this end, the talent network of elite Internet Union held the theme Salon of the "risk and coping skills of staff salaries and benefits management", specially invited Zhang Tao, lawyer of Tianmu law firm in Beijing, to help participants HR correctly understand.

Wages and benefits

In the management of labor relations risk, comprehensive grasp of coping skills to reduce disputes between enterprises and employees.


No contract, no hiring.


One copy

Labor contract

Employees did not want to sign, and the company did not actively demand employees to sign.

Labor dispute

It has become a handle in the hands of employees.

Zhang explained a practical case to HR at the scene. A labor contract without signing has become the focus of controversy.

It can be said that the negligence of enterprises has caused the present passive state.


Mr. Zhou entered a company in 2009.

The conditions for Mr. Zhou are: 5000 yuan a month, and oral promise to provide various kinds of company benefits.

However, after a year's work, many employees' benefits did not materialize.

In response, Mr. Zhou was very unhappy and complained to the labor supervision department.


Mr. Zhou believes that he has worked for more than a year, but he has not even signed the labor contract. According to the labor law, the unit should pay double wages from the date of its work, and the unit said he had reminded Mr. Zhou to sign the contract before, but he had delayed the signing of the contract for various reasons, so the unit did not need to pay double wages.

The case is currently under mediation.


Zhang said that the signing of labor contracts is not only to protect the rights and interests of workers, but also to some extent, protect the rights and interests of the company.

For those workers who have shirk their labor contracts for various reasons, it is better not to employ them so as to avoid future disputes.


The two type of disputes is the most prominent.


Zhang pointed out that the two types of labor disputes related to remuneration and welfare are the most prominent:


First, labor contracts can not be signed in time, and insurance benefits are hard to fulfill.

Affected by the depression of the economic environment and the sense of profit seeking by the operators, individual employers ignore the legal provisions and fail to sign contracts with the laborers in time, so that the legitimate rights and interests of the workers can not be protected.


Two, the employer has no reason to terminate the labor contract, and the laborer can not get compensation in accordance with the law.

Individual employers rely on a strong position in labor relations to dissolve the labor contract at will. Workers often get no corresponding economic compensation.

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