According to CCTV report, director of staff room of labor law of institute of Chinese working relationship, " labor contract law " one of legislative experts Wang Xiangqian says, the contract works before labor contract law is executed to it conclude fulfill change removes and stop without sanction, only right after January 1, 2008, of labor contract conclude fulfill change removes and stop have sanction.
The expert points out, at present many labor contract wants to put add to this year after January 1, these labor contracts how applicable law is a more complex issue. Unit of choose and employ persons ought to note a few problem.
Wang Xiangqian says, the labor contract that concludes before January 1, 2008 and after putting add to January 1, 2008, such labor contract ought to continue to fulfill, unit of choose and employ persons cannot remove at will.
But the expert also reminds at the same time, if before concluded labor contract, existence is disobeyed " labor contract law " circumstance, ought to clutch talk things over with laborer offer variation.
Wang Xiangqian points out, if before January 1, 2008, had established working relationship with laborer, but did not conclude with laborer written labor contract, so such circumstance, the labor contract with written autograph fills before allowing to be with person unit by January 2008, if arrived,the autograph has not filled before January 1, 2008 so from Feburary 2008 the share rises, unit of choose and employ persons ought to pay the salary of double to laborer, if arrive the end of the year 2008, had not signed written labor contract with laborer, so the labor concern that has unit of choose and employ persons and worker from January 1, 2009 regards as had concluded the labor contract that does not have fixed deadline.
" labor contract law " regulation: After unit of the choose and employ persons after January 1, 2008 concludes with laborer contract of fixed deadline labor expires twice continuously, unit of choose and employ persons must conclude with laborer the labor contract that does not have fixed deadline. Before this no matter laborer and unit of choose and employ persons had signed labor contract a few times, cannot ask unit of choose and employ persons must conclude with oneself the labor contract that does not have fixed deadline, but have except of a kind of circumstance.
Wang Xiangqian says, those who need an attention is, if laborer is in,unit of this choose and employ persons has worked continuously full 10 years of above, so the regulation that he has contract law of labor of authority according to, unit of requirement choose and employ persons must be signed with him without contract of fixed deadline labor.
The expert says, according to the regulation of labor contract law, conclude before January 1 this year and put add to this year to the labor contract after January 1 removes or be stopped, when computational economy is compensated, the working fixed number of year before according to " labor law " reach with " labor law " whether should the regulation pay economic compensation and economic compensatory specific amount certainly related the other of form a complete set, the working fixed number of year later according to " labor contract law " will decide.
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