Laber and Social Security Law
2021-10-26 21:54:10 0 举报AI智能生成
aps劳动法
作者其他创作
大纲/内容
social insurance law
(establish a social insurance system)
124 pay by units and staff jointly,and 35 only pay by units
(establish a social insurance system)
124 pay by units and staff jointly,and 35 only pay by units
1.basic endowent insurance--old age
基本养老保险
基本养老保险
2.basic medical insurance--illness
基本医疗保险
基本医疗保险
3.employment injury insurance --work-relaed injuries
工伤保险
工伤保险
4.unemployment insurance --unemployment
失业保险
失业保险
5.maternity insurance --childbirth
生育保险
only female workers have maternity leave
生育保险
only female workers have maternity leave
labor law
formation of labor contracts
合同的订立
合同的订立
should be concluded as
a written labor contract
书面
a written labor contract
书面
a written labor contract shall be concluded within one
month from the date when the employee begins to work
未订立书面劳动合同的，自用工之日起一个月内订立
month from the date when the employee begins to work
未订立书面劳动合同的，自用工之日起一个月内订立
fails to sign a written contract over one year,shalled
deemed that both part concluded a labor contract without
a fixed term
一年未订立书面合同，视为订立无固定期限合同
deemed that both part concluded a labor contract without
a fixed term
一年未订立书面合同，视为订立无固定期限合同
a labor contract without
a fixed term
无固定期限
a fixed term
无固定期限
10 years cosecutively working
连续工作满十年
连续工作满十年
when company reform system,2 conditions
10 years consecutively working+
less than 10 years to the statutory retirement age
公司改制时，劳动者已联系工作满十年且距离退休不足十年
10 years consecutively working+
less than 10 years to the statutory retirement age
公司改制时，劳动者已联系工作满十年且距离退休不足十年
have been concluded two fixed-term labor contracts
连续订立两次固定期限合同
连续订立两次固定期限合同
obligation
义务
义务
the probation period
试用期
试用期
contract term over 3 months but less than 1year
probation period shall not exceed 1 month
劳动期限在3个月到1年，试用期不超过1个月
probation period shall not exceed 1 month
劳动期限在3个月到1年，试用期不超过1个月
contract term over 1 year but less than 3 years
probation period shall not exceed 2 months
劳动期限在1年到3年，试用期不超过2个月
probation period shall not exceed 2 months
劳动期限在1年到3年，试用期不超过2个月
contract term over 3 years
probation period shall not exceed 6 months
劳动期限超过三年，试用期不超过6个月
probation period shall not exceed 6 months
劳动期限超过三年，试用期不超过6个月
salary shall not lower than 80% the wage stipulated in contract
nor lower than statutory minimum salary
nor lower than statutory minimum salary
non-competetion clause竞业禁止
confidentiality obligation保密义务
confidentiality obligation保密义务
pay the panelty
overtime work 加班
标准工作日
workday: shall pay not lower than 1.5 times as the usual salary
workday: shall pay not lower than 1.5 times as the usual salary
双休
two-day weekend: shall pay not lower than 2 times as the usual salary
two-day weekend: shall pay not lower than 2 times as the usual salary
法定节假日
legal holiday: shall pay not lower than 3 times
legal holiday: shall pay not lower than 3 times
termination of a contract
协商解除
dissolve upon negotiation
could have panelty(depend on company )
dissolve upon negotiation
could have panelty(depend on company )
employee disslove
无条件解除 no panelty
have right to teminate contract unconditional,
but shall writtennotice employer 30 days in advance
have right to teminate contract unconditional,
but shall writtennotice employer 30 days in advance
法定解除事由（单位过错）
disslove with statutory reason
pay panelty
1.无劳动保护fails to provide labor protection
2.未按期支付报酬 fails to timely pay the full amount of remunerations
3.未交社保 fails to pay social security premiums for the employees
4.损害劳动者权益 impair the rights and interests of the employees
5.合同无效 invalid contract
disslove with statutory reason
pay panelty
1.无劳动保护fails to provide labor protection
2.未按期支付报酬 fails to timely pay the full amount of remunerations
3.未交社保 fails to pay social security premiums for the employees
4.损害劳动者权益 impair the rights and interests of the employees
5.合同无效 invalid contract
employer dissolve
随时解除
dissolved at any time
dissolved at any time
不符合录用条件
does not meet the recruitment condition
does not meet the recruitment condition
严重违纪
seriously violated the rules and procedures
seriously violated the rules and procedures
严重失职造成损害
neglect his duty and causes servere damage
neglect his duty and causes servere damage
提前通知解除 pay panelty
shall notify the employee 30 days in advance
shall notify the employee 30 days in advance
患病后不能再工作
sicked or injuryed,can't assume position
sicked or injuryed,can't assume position
无法胜任
incompetent to his position
incompetent to his position
经济性裁员，通知工会
cut down employee of finincial reason,shall notify labor union
cut down employee of finincial reason,shall notify labor union
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