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the provisions of the law or administrative decrees;
2. Contracts that have been concluded by deception or coercion.
Invalid labour contracts are not legally binding from the moment they are concluded. Whenever a part of a labour contract has been affirmed invalid, the remaining parts of it shall still be valid if the invalid part does not affect the effect of them.
The invalidity of a labour contract shall be determined by the labour dispute arbitration committee or the people's court.
Article 19 A labour contract shall be concluded in a written form and shall contain the following provisions:
1. Term of the labour contract;
2. Specific job requirements;
3. Labour protection and working conditions;
4. Remuneration;
5. Labour discipline;
6. Conditions for terminating the labour contract;
7. Responsibilities for violating the labour contract.
Apart from these provisions that must be included in a labour contract as provided for in the preceding paragraph, the parties concerned may add other provisions upon agreement through consultation.
Article 20 The term of a contract may be fixed or non-fixed or fixed in terms of a certain amount of work done.
When extension of a labour contract under agreement of both parties after a worker has worked for an uninterrupted term of ten years or over for a same employer, a labour contract without a fixed term may be concluded if the worker so desires.
Article 21 A labour contract may set up a ter无忧论文 【http://www.uklunwen.com】m of trial execution but the maximum length shall not exceed six months.
Article 22 Provisions may be laid down upon agreement of both parties in a labour contract in terms of keeping commercial secrets of the employer.
Article 23 A labour contract shall be terminated whenever the term provided for in the contract expires or conditions for terminating the contract agreed upon have appeared.
Article 24 A labour contract may be dissolved upon agreement of parties concerned through consultation.
Article 25 An employer may dissolve a labour contract if one of the following cases occurs:
1. A worker is proved to be not up to the employment standards within the period of trial use;
2. A worker has seriously violated labour discipline or the rules and regulations having been laid down by the employer.
3. A worker has committed serious dereliction of duty or resorted to deception for personal gains and caused serious losses to the interests of the employer.
4. A worker has been affixed with criminal responsibility.
Article 26 In one of the following cases, an employer may dissolve a labour contract but shall serve a written notice to the worker in person 30 days in advance:
1. A worker, after a treatment of disease or non-job injuries, is unable to do the job arranged by the employer.
2. A worker is not competent for the job assigned to him and still falls short of the standards even after being trained or given other jobs.
3. A labour contract can |
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