The risk of signing a labor contract is different from that of a labor contract, which is protected by civil law and labor law. Signing a labor contract is likely to leave hidden disputes, such as unclear agreement, debt evasion, change of person in charge, accidents, etc. Units should sign labor contracts with employees according to law to avoid illegal consequences.
What are the risks of signing a labor contract?
If an employee suffers personal injury due to a safety accident in production activities, and the employer or subcontractor knows or should know that the employer who accepts the contract or subcontracted business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable for compensation with the employer. In addition, disputes such as wage arrears often occur in labor contracts, so it is necessary to sign a labor contract to determine the responsibility of the employer.
1, people-oriented, abide by the mandatory provisions of the law.
As a construction enterprise, it is necessary to use the labor services provided by qualified enterprises in accordance with relevant laws and regulations, and establish a legal labor subcontracting relationship or labor dispatch relationship; For some high-skilled workers who need to be used for a long time in their own name, relatively stable labor relations should be established in accordance with the labor law; Sign a written labor contract with these people, pay all kinds of social insurance for them, pay wages according to regulations, and abide by the mandatory provisions of the labor law at all stages of the conclusion, performance, alteration, dissolution and termination of the labor contract to avoid the punitive consequences of violating the law and increasing labor costs. From the past practice, it is the enterprise that evades some legal obligations and finally suffers.
2. Vigorously cultivate labor subcontracting enterprises with long-term mutual trust.
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On the one hand, qualified labor subcontracting enterprises can perform well for the owners and help the construction enterprises solve problems, on the other hand, they can standardize the implementation of national labor laws and regulations and meet the various requirements of the labor authorities for employers. Construction enterprises should cooperate with labor subcontractors to assist them in admission education and safety training for laborers; Effectively use their own technical strength and construction experience to help labor subcontracting enterprises improve their technical quality and management ability; Do not default or deduct the money that should be paid to the labor service enterprise; Do not violate the contract, harm the interests of labor subcontracting enterprises, cultivate them to be stronger and bigger, and establish long-term cooperative partnership with them, which can not only meet the development needs of enterprises, but also effectively prevent the risks of labor employment.
3. Sign a written labor contract.
Some construction enterprises often use short-term labor services without signing any written agreement, thinking that it is convenient for management. In fact, just as in the process of concluding construction contracts, construction enterprises are naturally in a dominant position in the process of concluding various labor contracts. If you don't conclude a written contract, it is equivalent to giving up this advantage and easily leaving hidden dangers of disputes. For example, the change of the project leader, the workers' ignorance of some temporary policies, unexpected accidents and so on. , may make the oral agreement in an uncertain state, which is unfavorable to the enterprise. Other construction enterprises are worried about concluding written contracts, leaving written evidence for workers and causing undeniable employment relations. However, judging from arbitration and judicial practice, this employment relationship can only be confirmed by oral proof from others, and it is impossible to overturn the employment relationship whether there is a written contract or not. On the contrary, a clear written contract is easy to distinguish between the rights and obligations of all parties and the fact of breach of contract, and it is easier to protect the interests of construction enterprises.
To sum up, the risk of signing a labor contract, if an industrial accident occurs, the labor contract can have both industrial injury insurance and accident insurance, while the labor contract can only have accident insurance, and disputes will inevitably occur between the two parties, which may sometimes harm the interests of enterprises. Unscheduled labor contracts may be sanctioned by civil law or adjusted by labor law.