"Labor Law" legal popularization PPT

"Labor Law" legal popularization PPT

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"Labor Law" legal popularization PPT content introduction:

1. Overview of Labor Law

Legal Concepts: Labor Law

Refers to the legal norms that aim to safeguard the legitimate rights and interests of workers and adjust the rights and obligations between employers and workers, between the government and employers, and between the government and workers to realize and protect the social labor process. sum.

"Employment Promotion Law", "Labor Contract Law", "Wage Law", "Working Time and Rest and Vacation Time Law", "Female Workers and Underage Workers Special Workers Protection Law", "Social Insurance Welfare Law", etc.

The composition of labor law

The "Labor Law of the People's Republic of China" came into effect on January 1, 1995;

The "Labor Contract Law of the People's Republic of China" came into effect on January 1, 2008; it was revised in 2012 and came into effect on July 1, 2103.

The meaning of labor relations

Graduation is clouded, and finding a job is difficult. Signing is a commitment, and there are many traps in the contract. Working overtime and overtime, overwork turns into a shadow. Pay cuts and bonuses are what the boss cares about most. The position is gender-neutral, and there is no occupation after leaving the job. Production is risky, who cares? When we ask for explanations, the disputes are unjust, and the road to rights protection is long, so we go to court with our arguments.

2. Main rights of workers

How long should I work in a day?

48 hours (since the founding of the People's Republic of China) - 44 hours (March 1, 1994) - 40 hours

Since May 1, 1995, a work system has been implemented in which employees work 5 days a week and 40 hours a week.

Rest and vacation system

Under any of the following circumstances, the employer shall pay wages higher than the employee's wages for normal working hours according to the following standards:

(1) If employees are arranged to extend their working hours, they shall be paid no less than 150% of their wages;

(2) If workers are arranged to work on rest days but cannot arrange compensatory time off, they shall be paid no less than 200% of their wages;

(3) If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages.

Due to production and operation needs, the employer may extend working hours after consultation with the labor union and workers. Generally, the working hours shall not exceed 1 hour per day. If working hours need to be extended due to special reasons, the working hours shall be extended every day under the conditions of protecting the health of workers. It cannot exceed 3 hours per day, but it cannot exceed 36 hours per month.

3. Labor contract

The concept of labor contract

According to Article 16 of the Labor Law, a labor contract is an agreement that establishes a labor relationship between an employee and an employer and clarifies the rights and obligations of both parties.

The content of the labor contract is embodied in the terms of the labor contract.

According to Article 17 of the Labor Law: a labor contract shall be concluded in writing and shall have the following terms:

1. The name, address and legal representative or main person in charge of the employer;

2. The worker’s name, address and resident ID card or other valid ID number;

3. Labor contract term;

4. Work content and working location

5. Working hours, rest and vacations

6. Labor remuneration

7. Social insurance

8. Labor protection and working conditions

In addition to the necessary terms stipulated in the preceding paragraph, the parties to a labor contract may agree on other contents through negotiation.

4. Social insurance system

Social insurance concept

A social security system enforced by the state through legislation to ensure that workers receive material compensation and assistance from the state or society after encountering labor risks.

Nature of social insurance

1. mandatory; mandatory;

2. security;

3. Welfare;

4. sociality.

Characteristics of social insurance

1. Basic security;

2. State mandatory;

3. Mutual aid;

4. Differences in treatment;

5. subject specificity;

6. compensatory.

The difference between social insurance and commercial insurance

1. Basic security;

2. State mandatory;

3. Mutual aid;

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