Except those managed with reference to the national civil service system. Article 3 The term "employees" as mentioned in these Regulations refers to laborers who have formed labor relations or personnel employment relations with employers (hereinafter referred to as labor and personnel relations).
The labor rights and interests of employees as mentioned in these Regulations refer to the labor rights and related rights and interests enjoyed by employees and employers in the process of establishing, existing, dissolving and terminating labor and personnel relations. Article 4 The labor rights and interests of employees are protected by law, and no organization or individual may infringe upon them.
Any organization or individual has the right to report and accuse acts that infringe upon the labor rights and interests of employees. Article 5 People's governments at all levels shall strengthen leadership, take measures and coordinate relevant departments to do a good job in safeguarding laborers' labor rights and interests.
Labor security and personnel administrative departments at all levels shall be responsible for the protection of laborers' labor rights and interests according to their respective responsibilities.
Safety production supervision, health, public security, industry and commerce, taxation and other administrative departments. Should cooperate with the administrative department of labor security and the administrative department of personnel to do a good job in safeguarding the labor rights and interests of employees within their respective responsibilities. Article 6 Trade union organizations at all levels shall safeguard the legitimate rights and interests of employees according to law, and supervise the employing units to abide by the laws, regulations and these regulations concerning the protection of labor rights and interests; Employers and relevant departments have the right to require them to correct the acts that infringe upon the labor rights and interests of employees or fail to perform their duties of protecting the labor rights and interests of employees. Article 7 Employees shall abide by national laws and regulations, labor discipline, labor contracts and employment contracts (hereinafter referred to as labor and personnel contracts), abide by various rules and regulations formulated by the employing unit according to law, implement labor safety and health regulations, and complete production tasks and work tasks. Chapter II Labor Rights and Economic Benefits Article 8 Employees shall enjoy the rights of equal employment, job selection, labor remuneration, rest and vacation and safety and health protection according to law; The right to social insurance and welfare; Enjoy the right to handle labor and personnel disputes according to law and other labor rights and economic interests stipulated by laws and regulations. Article 9 An employing unit shall establish labor and personnel relations with employees from the date of employment. The establishment of labor and personnel relations shall conclude a labor and personnel contract.
Labor and personnel contracts shall be concluded in written form, and clearly stipulate the contract term, work content, labor protection and working conditions, labor remuneration, labor discipline, contract termination conditions and liability for breach of contract. Labor and personnel contracts shall not violate the provisions of national laws and regulations, and shall not harm the labor rights and interests of employees.
The labor and personnel contract shall be jointly drawn up by the employer and the employee, and the normative text of the labor security administrative department or the personnel administrative department shall be advocated. The labor and personnel contract is made in triplicate, one for each party and one for the employee file. Article 10 A probation period may be stipulated in a labor and personnel contract, and the term of the labor and personnel contract includes the probation period.
If the probation period stipulated in the labor and personnel contract exceeds the time limit stipulated in these regulations, employees shall enjoy the treatment after the probation period expires.
If the labor and personnel contract only stipulates the probation period, the probation period shall be the term of the labor and personnel contract.
If the labor and personnel contract is renewed and the employee's post has not changed, the probation period is not agreed. Article 11 If the term of the labor contract is less than 6 months, the probation period shall not exceed 15 days; If the contract term is more than 6 months but less than 1 year, the probation period shall not exceed 30 days; If the contract term exceeds 1 year but less than 2 years, the probation period shall not exceed 60 days; If the contract term is more than 2 years but less than 5 years, the probation period shall not exceed 90 days; If the contract term is more than 5 years, the probation period shall not exceed 6 months.
The probation period of personnel employment contract shall not exceed 1 year. Article 12 The employing unit shall not take the collection of mortgage, deposit, fund-raising and other fees or the seizure of resident identity cards, temporary residence permits, graduation certificates, technical grade certificates and other documents as the conditions for employing employees. Article 13 If an employee is in the prescribed medical treatment period or a female employee is in pregnancy, childbirth or lactation, the term of the labor and personnel contract expires, and the term of the contract is postponed to the prescribed medical treatment period or the special protection period for female employees expires, unless otherwise stipulated by laws and regulations. Article 14 An employing unit may terminate the labor and personnel relationship with its employees only under the circumstances of laws, regulations and relevant provisions of the state.
During the probation period or under any of the following circumstances, the employee may propose to the employer to terminate the labor-personnel relationship at any time:
(1) Refusing to sign labor and personnel contracts with employees;
(2) Failing to provide working conditions or pay labor remuneration in accordance with the provisions of laws, regulations and rules or the stipulations of labor and personnel contracts;
(3) The salary paid is lower than the local minimum wage standard or the wage standard agreed in the collective contract;
(4) Deducting or delaying the wages of employees without reason;
(5) Refusing to pay workers wages for extended working hours;
(six) forced labor by means of violence, threat or illegal restriction of personal freedom;
(seven) failing to pay social insurance premiums for employees according to law.
If the employer has one of the above-mentioned situations (1) to (6), and the employee proposes to terminate the labor-personnel relationship, the employer shall pay the employee labor remuneration and economic compensation, and the employee may request the employer to pay compensation in accordance with relevant regulations.