Contents of labor contract management system
1. Establish a scientific labor contract management system, including supporting management methods, such as formulating labor contract codes of conduct, providing model contracts or standard contract templates, etc.
2. Supervise, inspect, and guide employers and workers to sign labor contracts in accordance with labor laws, labor regulations, and relevant policies, and effectively perform labor contracts. Through guidance methods and service means, the actions of both parties to the labor contract can be implemented in accordance with the law. This management content runs through both before and after the conclusion of the labor contract.
3. Provide business guidance on the employer’s labor contract management. For example, it helps employers establish a filing and storage system for labor contracts, a regular inspection and statistical system for the implementation of labor contracts, and accounts related to employee wages, grade promotion files, and employee medical periods related to the performance of labor contracts.
4. Stop and correct violations of labor laws, regulations, policies and labor contracts. According to Article 85 of the Labor Law, the labor and social security administrative departments have the right to stop violations of labor laws and regulations and order corrections. If an employer illegally recruits minors under the age of 16, tricks workers into signing labor contracts to engage in illegal activities, defaults on wages to employees, illegally restricts employees' personal freedom, etc., the labor and social security administrative department will, in addition to taking administrative penalties and ordering corrections in accordance with the law, If criminal liability needs to be investigated, the case should also be handed over to judicial authorities.
5. Employers should set up special departments and designate dedicated personnel to manage labor contracts. In addition to formulating specific methods for labor contract management, they should also formulate various systems that are compatible with the operation of labor contracts, such as attendance systems, reward and punishment systems, and distribution systems. wait.
The role of labor contract management system
(1) Strengthening the management of labor contracts will help promote the strict implementation of labor contracts in accordance with the law. At this stage, because people's legal concepts and contract awareness are not strong yet, the phenomenon of not entering into and performing labor contracts in accordance with the law exists to varying degrees in many regions and units. Some units do not respect the legitimate rights and interests of workers, unilaterally draft contract terms and sign labor contracts; some labor contract terms fail to reflect the principle of fairness and only stipulate the responsibilities that workers should bear for breach of contract; some labor contract terms are unclear , the subject matter is unclear, for example, some employers change the types of work and duration agreed in the labor contract at will; some employers and employees terminate the labor contract without authorization in violation of legal provisions. The existence of these problems has caused conflicts and disputes, leading to the inability to perform the labor contract. By strengthening labor contract management, promptly discovering and correcting problems in the conclusion and performance of labor contracts, and maintaining the seriousness of labor contracts, the performance rate of labor contracts can be effectively improved.
(2) Strengthening the management of labor contracts will help improve the consciousness of both parties to abide by and implement labor contracts, and promote the stability and development of labor relations. With the reform of the employment system, there are more and more problems in the performance of labor contracts. In some state-owned enterprises, the phenomenon of workers "hopping jobs" is very serious. Some workers have no concept of "contract" and leave without saying goodbye before the contract period expires, which brings difficulties to the production of the enterprise and affects the development of the enterprise; while in some non-state-owned enterprises, It is a serious phenomenon that enterprises and employers violate the provisions of labor contracts and fire employees at will, causing great difficulties in the employment and life of workers. The above two situations will seriously affect the stability of labor relations and even cause vicious incidents. Therefore, by strengthening the supervision and inspection of the execution of labor contracts, educating both parties to the labor contract to strictly perform the labor contract, and imposing certain penalties on defaulters, we can maintain the stability and healthy development of labor relations, safeguard the legitimate rights and interests of both parties, and promote the internal promotion of the enterprise. Stabilizing the production order and working order and improving the economic benefits of the enterprise are of great significance.
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