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Failure to provide labor protection or labor conditions in accordance with the labor contract how to get evidence

Legal analysis: "Failure to provide labor conditions" is derived from Article 38 of the Labor Contract Law, which stipulates that if a company fails to provide labor protection or labor conditions as agreed in the labor contract, the employee can unilaterally terminate the labor contract. The legal key points of "failure to provide labor conditions" cases are expressed by the formula: According to the case data analysis results in the "2015 Guangdong Province Labor Dispute Big Data Report" released by Mogin, in judicial practice and practical operation, the main issues in the dispute type of "failure to provide labor conditions" are as follows According to the case data analysis in the "2015 Guangdong Province Labor Dispute Big Data Report" published by Mogin, in judicial practice and actual operation, the main problem of "failure to provide labor conditions" is how to determine the "failure to provide labor conditions.

Legal basis: "Chinese people's **** and the State Labor Contract Law"

Article 3 Conclusion of labor contracts shall follow the principles of lawfulness, fairness, equality and voluntariness, consensus, and honesty and credit. Labor contracts concluded in accordance with the law shall be binding, and the employer and the worker shall perform the obligations agreed upon in the labor contract.

Article 10: A written labor contract shall be concluded when a labor relationship is established. Has established labor relations, not at the same time to enter into a written labor contract, shall within one month from the date of employment to enter into a written labor contract. Employers and workers in the employment before the conclusion of labor contracts, labor relations from the date of employment.

Article 36 The employer and the worker may terminate the labor contract by consensus.