The Term Of A Labor Contract Is Very Important.

In September 2014, Xiao Cen signed a labor contract with an electrical equipment company. He worked as a project leader for the electrical equipment company in Shanghai XX infrastructure project.

The two sides agreed in the labor contract that the term of the contract is "from September 5, 2014 to the completion of the XX capital construction project in Shanghai".

The labor contract between the two parties also stipulate: "the probation period is two months, from September 5, 2014 to November 4, 2014."

During the probation period, the salary of Xiao Cen was 8000 yuan per month, and the salary changed to 12000 yuan after the correction.

In October 30, 2014, the power company relieved the labor relations of both sides on the grounds that they did not meet the recruitment requirements during the probation period.

Xiao Cen believes that the power equipment company violates the law and terminates the labor relationship, and the employing unit will sue the labor and personnel arbitration institution where it is located, demanding that labor relations be restored and payment of compensation paid.

After hearing, the arbitration agency finally supported the arbitration request of Xiao Cen.

How is this going to happen? Let me make a brief analysis.

To accomplish certain

The term "labor contract" generally refers to the labor contract between the employer and the laborer that the completion of a job is the duration of the contract.

In signing such a labor contract, the employer usually can not predict the specific time of the end of the work. Therefore, in practice, the date of commencement of the project is at the beginning of the contract, and the date of the end of the project is the date of termination of the labor contract.

Obviously, in this case, the labor contract signed by Xiao Cen and employing units belongs to this type.

The nineteenth provision of China's labor contract law stipulates: "...

A labor contract with a deadline for completion of certain tasks shall not be agreed on the probation period. "

A labor contract with a deadline for completion of a certain task is terminated by the completion of the work task, and the completion time of the work task is the termination time of the labor contract.

For some tasks, it is impossible to determine the specific time for the completion of the tasks. As long as the workers have completed their tasks according to the requirements of the labor contract, they will be able to demonstrate that the workers are competent for the job.

Therefore, no probation period can be prescribed for a labor contract with a deadline for completion of certain tasks.

Obviously, in this case, it is illegal for employers and workers to agree on the probation period, and it is impossible to establish that the "probation period is proved to be unsuitable for employment".

"

"Article eighty-third provides that: if the employer violates the provisions of this Law and stipulates the probation period with the laborers, the labor administrative department shall order them to make corrections.

The full month salary is the standard, and the worker pays the compensation according to the period that has been fulfilled over the statutory probation period.

Therefore, in the aforementioned cases mentioned above, Xiao Cen can not only advocate the illegal rescission of the employer, but also advocate the compensation after the trial period of the illegal agreement has been fulfilled.

In addition to stipulating the probationary period in the labor contract with "completion of certain tasks", there are two types of labor contracts stipulated in the labor contract law.

1, part-time employment.

Part-time employment is a form of flexible employment, and the uncertainty of labor relations is stronger than full-time employment.

In the labor contract law, it is also clear that any party to a part-time employment may at any time notify the other party to terminate employment.

Termination of employment does not pay for economic compensation.

For employing units, no probation period can be stipulated, and workers can not be relieved from labor contracts during the probation period.

Non full time labor shall not stipulate the probation period, and shall safeguard the rights and interests of laborers to the maximum extent during the probation period of part-time employment.

2, the fixed term is less than 3 months employment.

The employment of less than 3 months for short-term, temporary employment, in order to protect the interests of workers, the labor contract law also set such cases as not allowed to agree on the probation period.

Finally, I would like to point out that, before the implementation of the labor contract law, the labor contract law stipulates that when a labor contract with a deadline for completion of a certain work task is terminated, the enterprise does not need to pay the economic compensation.

However, since September 18, 2008, the twenty-second provision of the regulations on the implementation of the labor contract law stipulates that the termination of a labor contract with a deadline for completion of a certain task is due to the completion of the task. The employing unit shall pay the laborers economic compensation in accordance with the forty-seventh provision of the labor contract law.

According to the provisions of this provision, the employer must pay the financial compensation to the laborer when the contract is terminated due to the completion of the task.

That is, if a labor contract with a deadline for completion of a certain task is terminated as a result of the completion of the task, the employer shall pay the economic compensation to the laborers in accordance with the forty-seventh provision of the labor contract law.