What should I pay attention to when applying for a college graduate?

At present, it is the peak season for college students to graduate. For the first entry into the workplace, it is strange to sign a written labor contract, paying social insurance, and agreed trial period, but they must be familiar with and applied as soon as possible. The following 6 cases analyze the causes of previous labor infringement, and inform these newcomers in the workplace to strengthen prevention when applying for a job, pay attention to the signing of contracts, safeguard their legitimate rights and interests, and make their workplace career a good start.

【Case 1】

Entry -employment must sign a written labor contract

In May 2021, Xiao Chen signed a three -party agreement with a university and company. After graduating, he rushed to the company to report to work. After one month, he proposed to sign a labor contract with the company, but the company said: There is a written agreement such as an entry notice and a tripartite agreement. It does not matter if it is not signed not to sign a written labor contract.

Xiao Chen wants to know: What risks will he face without signing a labor contract?

【Comment】

In accordance with the "Labor Contract Law", the establishment of labor relations should be established in writing, and the basic information, contract period, work content, work place, working time, rest, salary, social insurance, labor protection and other provisions should be stated that the two parties should be stated. Having a legitimate and effective labor contract is an effective weapon for workers to safeguard their legitimate rights and interests. On the contrary, if there is no labor contract, once the unit does not pay social security, arrears of wages, and does not pay for work injury benefits, workers will not only take time and effort when defending rights, it is difficult to defend their rights in time, and even lose the lawsuit because of poor proof.

【Case 2】

Paying social security is compulsory regulations

"After I joined the job for more than 2 months, I found that there have been no records of paying for pension insurance, medical insurance and other costs in the payments." Xiao Huang said that he asked the company's personnel in charge. The other party replied that young people do not need social security, and they do not lose their rice bowls. Then, the supervisor gave Xiaohuang a account: You must have been tight at hand when you just graduated, and you can increase personal income without paying social security. In addition, the cycle of pension collection is too long, and other social security may not be used in handling.

After many negotiations by Xiao Huang, the company made up social security for him.

【Comment】

Xiao Huang insists that the company's social security is correct.

Some young people who have just participated in work do not know much about social insurance and think that if they are not paying social security, they will be calculated by the unit. In fact, it is not. According to Article 4 of the Social Insurance Law, employers and individuals pay social insurance premiums in accordance with the law. Paying social insurance is compulsory regulations. After employees participate in social risks such as old age, disease, work injury, unemployment, and fertility, they can obtain certain material compensation and help from the country and society, and then relieve their worries and achieve basic living security.

【Case 3】

The length of the trial period should be determined according to law

After some efforts, Xiao Li's company finally agreed to hire him, but the premise is that the probation period is longer. Xiao Li believes that it is important to enter the company, and it doesn't matter if the probation period is short. As a result, the two sides signed a two -year labor contract with a agreed trial period of 6 months.

So, can the company agree on the trial period at will?

【Comment】

The length of the probation period is limited.

Article 19 of the Labor Contract Law stipulates: "If the term of the labor contract is less than 3 months or more, the probation period shall not exceed 1 month; if the term of the labor contract is more than 1 year or less, the probation period shall not exceed 2 months ; For more than 3 years of fixed period and labor contracts without fixed period, the probation period must not exceed 6 months. If the labor contract or the term of the labor contract with a period of time is less than 3 months, the trial period shall not be agreed. " Looking at, the company's approach is illegal.

For those who agreed to be a long trial period, workers can require employers to correct or compensate. Article 83 of the Labor Contract Law stipulates: "If the employer violates the provisions of the provisions of this Law, the trial period shall be ordered by the worker, shall be ordered by the labor administrative department; The salary of the expiry of the monthly month is the standard, and pay compensation to the workers according to the period that has performed more than the legal probation period. "Xiao Li can ask the company to correct or compensate for compensation according to law.

【Case 4】

The company's salary during the training period before the post

After being hired, Xiao Shen participated in 15 days before the company's organization. During the training period, Xiao Shen called the company to call the company. The company said: During the pre -job training, the company did not start working, and there was no labor relationship between the two parties and no salary.

Xiao Shen and others questioned: Is the company's statement right?

【Comment】

The company's statement is obviously wrong.

Article 7 of the Labor Contract Law stipulates: "The employer will establish a labor relationship with the workers from the date of use." Therefore, whether it has completed the in -employment procedures or signed a labor contract, etc., does not affect the establishment of the labor relationship between the two parties. Labor relations are in the process of labor, and vocational training is an integral part of the labor process. As long as the employees have completed the training and learning tasks, the labor process at this stage is achieved. Employees' pre -post training is the leadership management of the unit, which is the beginning of employment. Therefore, the company must pay the salary during the training period.

【Case 5】

Set the liquidated damage beard legal

When Xiao Zhu came to the advertising company to apply, the manager said that he lacked work experience and needed to assign masters to cultivate him, which cost greater. However, if he wants to come to the company, he must sign a 5 -year labor contract without leaving in advance. Otherwise, you must pay the company with liquidated damages to the company. After Xiao Zhu agreed, the two parties signed a labor contract and agreed to leave a liquidated damage of 20,000 yuan for each year in advance. Xiao Zhu wants to know whether the company's default damage is calculated?

【Comment】

The company's breach of liquidated damages from Xiao Zhu is illegal.

According to Article 25 of the Labor Contract Law, there are only two cases that the employer may agree with the workers: one is the provisions of Article 22 of the Labor Contract Law. Training costs have conducted professional and technical training for it; second, Article 23 of the Labor Contract Law stipulates that employers may establish competition restrictions with workers with confidential obligations and agreed to liquidated damages.

In this case, the advertising company and Xiao Zhu have not signed a service period and have not entered into a competitive restriction agreement. They do not meet the legal conditions for setting up liquidated damages. Xiao Zhu Ruo left in advance and did not need to pay a liquidated damage.

【Case 6】

Special and post training should be strictly distinguished

After entering the job, Xiao Cai participated in the company's two -week pre -post training. The training content included the company's profile, business skills, and role understanding. After the training, the company signed a service period for special training for Xiao Cai for special training, and Xiao Cai signed it. The agreement contains the company's provision of professional training to Xiao Cai for 20,000 yuan. It should leave after 4 years of working in the company, otherwise it should pay a high default damage. After working in the company for one year, Xiao Cai wanted to leave but had to give up by the agreement.

So, is Xiao Cai's service period agreement valid?

【Comment】

The service period agreement involved is invalid.

Article 22 of the Labor Contract Law stipulates: "Employers provide special training costs for workers and conduct professional technical training for them. , Pay a liquidated damage to the employer in accordance with the agreement. "

The above provisions show that only the unit provides special training benefits, can they be eligible to agreed with the workers to agree on the service period and liquidated damages. And special training has the following attributes: First, it belongs to professional technical training, including professional knowledge and professional skills training, excluding training of business profile, work skills, and care for care. Not counting; the third is the training fee and travel expenses of the enterprise's expenditure. Because Xiao Cai did not receive special training, it was not subject to the so -called service period agreement.

(According to the news of the Labor Labor report, Lawyer Pan Jiayong)

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