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The enterprise cannot be abused " responsibility of breach of contract "
From;    Author:Stand originally

Henceforth, when unit of choose and employ persons and laborer sign labor contract, need to make clear rest the circumstance such as insurance of off, society, clause of ” of “ responsibility of breach of contract cannot appear in the meantime. On December 3, jiangsu province labor and social security hall were announced " book of full-time labor contract (referenced text) " , relevant controller returns a basis " labor contract law " to will working henceforth the necessary clause of the contract refers commentate. Begin from December 3, nanjing city enables this new edition model for painting formally already.

“ model for painting consults for everybody, enterprise and laborer can be used directly, also can talk things over each other, contract content determines after undertaking deleting and change to model for painting. Chief says related department of labor of ” Jiangsu province. But he emphasizes, " labor contract law " in have clear labor contract necessary provision provision, unit and individual must not be disobeyed.

Contrast model for painting of Nanjing city old edition, in new model for painting little clause of ” of “ responsibility of breach of contract. To this, this controller explains, basis " labor contract law " , agreed lawfully only groom of service period or limitation of contest course of study, ability of unit of choose and employ persons and laborer agreement penalty due to breach of contract. In the past, " labor law " in including labor contract necessary provision ” of “ responsibility of breach of contract, but partial enterprise abuses this one clause, the requirement is all remove ahead of schedule the employee of the contract pays a month even the salary of a few months serves as penalty due to breach of contract, will use new model for painting henceforth nonexistent this one problem.

" labor contract law " in necessary clause still has the main labor contract that cancel two: Work discipline and condition of labor contract termination. According to introducing, work discipline belongs to system of regulations of unit of choose and employ persons, relevant law laws and regulations is made to its, modification program already had specific provision, not necessary agree individually by unit of choose and employ persons and laborer in labor contract; And the clause that abolishs requirement of labor contract termination, it is to prevent deadline of contract of labor of avoid of unit of choose and employ persons to restrain, terminate labor contract at will.

In the meantime, new model for painting also increased a few provisions, want to make clear workplace for example. It is reported, in recent years, the unit registers the ground and workplace abhorrent circumstance is increasing, counterpoise to ensure laborer know the inside story better, new model for painting listed alone this one clause. Basis " labor contract law " , the basic case that the main and necessary provision that increases in labor contract returns useful labor both sides, working hours and rest the content such as insurance of off, society. Among them, with labor both sides fundamental condition includes, the name of unit of choose and employ persons, abode and legal representative are main perhaps chief, the full name of laborer, address and dweller Id are other perhaps and effective identity document number. Increasing this one provision basically is to make armour, second bilateral be fulfilled in labor contract mutual announcement goes to the lavatory in the process, once worker rights and interests gets enroach on, unapt also look for less than complaining object.
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