Grassroots lawyers also have spring

Chapter 265 You must hold your breath!Don't float!

"Well, there is no problem with your understanding of this point. Before our Lawyers Association organized lawyer training, we invited judges from the court to give lectures and talked about it.

However, there is another problem to be paid attention to in practice, that is, the limitation of labor arbitration.Before May [-], [-], in accordance with the provisions of the Labor Law, the party making the arbitration request shall submit a written application to the Labor Dispute Arbitration Commission within [-] days from the date of the labor dispute.

On May [-], [-], that is, on May [-] next year, the Labor Dispute Mediation and Arbitration Law will come into effect.

"Labor Dispute Mediation and Arbitration Law" No.20 Seventh article stipulates that the limitation period for applying for arbitration of labor disputes is one year.The limitation period for arbitration is calculated from the date on which the parties know or should know that their rights have been violated. '

Therefore, when calculating double wages, the question of whether the labor arbitration statute of limitations has been exceeded must also be considered. The court does not support double wages for more than part of the time period. " Wang Chuan explained.

"Oh! It seems that there are quite a lot of laws and regulations in the field of labor. I also want to sort out all the laws and regulations related to labor. It seems that this is a huge project!" The bookish girl said in surprise.

"Of course, labor law is a social law. There are many meeting minutes, judicial interpretations, and local regulations. It can be said that there are thousands of differences. The regulations in each place are more or less different, and sometimes they are contradictory.

Moreover, social laws are constantly adjusted according to social and economic development. What I mean by adjustment is not the revision of laws, but the adjustment of law enforcement standards, which is difficult to grasp.

For example, if the economy is good this year, the courts and labor arbitration will be more protective of workers. When the overall economy is not good, the courts and labor arbitration committees will favor the enterprise. This is the characteristic of social law such as labor law.It has a clear social mediation effect! "Wang Chuan explained again.

"Too complicated!
I would like to ask you again, the second paragraph of Article 80 of the "Labor Contract Law", "If the employer violates the provisions of this law and does not conclude an open-ended labor contract with the employee, the labor contract shall be concluded from the date on which the open-ended labor contract shall be concluded." Pay workers twice the wages per month. '

How to understand this regulation, the opinions among several of our internal colleagues are not very unified. At this time, the bookish girl had unconsciously developed admiration for Lawyer Wang in front of her.

There is not much difference in age, so how do people know so much? It seems that lawyers are made by doing, not learned!The bookish girl wondered if she should also go to a law firm to be a trainee lawyer, and then go to a law firm to become a lawyer in the future.

"As for the understanding of this article, because the "Labor Contract Law" has not yet been implemented, we only discussed it during exchanges among colleagues.

Do you have a printed copy of the Labor Contract Law? "Wang Chuan asked.

Good guy! There are so many articles in the "Labor Contract Law", how can lawyers memorize them backwards? The human brain is not a computer to check which article, just search it.At least Wang Chuan didn't have the ability.

"Yes, I printed it! Here it is." The bookish girl said and handed the printed "Labor Contract Law" to Wang Chuan.

"My understanding of this article is that the term 'a labor contract with no fixed term shall be concluded' here should be understood as the date when the three situations stipulated in the second paragraph of Article No. 14 of the Labor Contract Law are established.

The second paragraph of Article No. 14 of the "Labor Contract Law" stipulates that "the employer and the laborer can conclude a labor contract without a fixed term through consultation. If the laborer proposes or agrees to renew or conclude the labor contract, unless the laborer proposes to conclude a fixed-term In addition to a labor contract with a fixed term, a labor contract with no fixed term should be concluded.

(30) The laborer has worked continuously for ten years in the employer; (40) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the laborer has worked continuously for ten years in the employer and the statutory ([-]) If the age of retirement is less than ten years; ([-]) The labor contract has been renewed for two consecutive fixed-term labor contracts, and the laborer does not have the circumstances specified in Article No. [-] and Item [-] and Item [-] of Article No. [-] of. '

So I understand that 'should conclude an indefinite-term labor contract' only includes the following three situations:
In the first case, the laborer has worked continuously for ten years in the same employer.For example, an employee who has worked in a certain enterprise for ten consecutive years since entering the enterprise, if the employee proposes to renew the labor contract before the expiration of the original fixed-term labor contract or on the day of expiration, an unlimited fixed-term labor contract shall be concluded upon expiration. term labor contract.

In the second case, the laborer has worked continuously in the same employer for ten years, and is less than ten years away from the statutory retirement age, and the employer implements the labor contract system for the first time or the state-owned enterprise restructures and concludes a new labor contract.

If the employee has worked continuously in the same enterprise for ten years, he is 52 years old at this time, and the retirement age of 60 is less than ten years away.

In this case, if his employer undergoes restructuring and decides to sign a new labor contract with the employee, he should sign an indefinite-term labor contract with the employee.

In the third case, the employee and the enterprise have entered into two consecutive fixed-term labor contracts, and the employee does not have the provisions of Article 30 of No. 40 and Item [-] and Item [-] of Article [-] of the Labor Contract Law. The employer can unilaterally terminate the contract. In the case of a labor contract, in this case, after the second fixed-term labor contract expires, the employer should sign an open-ended labor contract with the employee

In addition to these three cases, the provision of double wages does not apply to other cases. " Wang Chuan explained.

"I don't understand. We also said just now that if the company does not sign a labor contract with the employee from the next month to the full year after joining the company, then the two parties will be deemed to have signed an open-ended labor contract from the full year. .

In this case, should the enterprise pay double wages to employees as if they signed an indefinite labor contract? "The bookish girl asked with her head tilted.

"In this case, double wages cannot be claimed, because after one year without a labor contract, it is legally 'deemed' that both parties have signed a labor contract with no fixed term, and it does not mean that both parties should sign a labor contract with no fixed term. "Wang Chuan smiled.

"Well, I understand a little bit! Thank you!" The bookish girl squinted her eyes and smiled sweetly.

At this moment, Mu Huaijin and Manager Gao pushed the door open and walked in.

"How's it going? Are you done here?" Manager Gao asked with a smile.

"Lawyer Wang is very professional, thank you for answering my questions!" the bookish girl laughed.

"You're being polite! It's all what I should do." Wang Chuan got up and said embarrassedly.

"Okay, don't be modest. Let's go to eat. Try our hotel's buffet." Manager Gao laughed.

"Thank you, Manager Gao, we will also taste the food of your hotel!" Mu Huaijin laughed hastily.

Manager Gao led Mu Huaijin and Wang Chuan to the cafeteria downstairs, talking and laughing along the way.

Wang Chuan felt his body light and light all the way: Isn't this a feeling of pride!Wang Chuan, you're a little lost!Be calm, be sure to be calm!Don't float!

(End of this chapter)