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Will It Be Possible To Terminate The Contract Orally?

2015/3/11 16:52:00 11

OralRescissionLabor Relations

Zhong Wencai, a migrant worker, consulted and consulted. A year ago, he went to a property company in Chengdu as a security guard. The two sides signed a labor contract for a period of 3 years.

A few days ago, he and the property company manager quarrel because of the matter, second days, he was relieved of the labor contract by the manager.

Zhong Wencai asked: is the property company manager doing this illegal?

In response to Zhong Wencai's question, the reporter consulted Du Wei, a legal aid workstation worker of Sichuan Chengdu migrant worker. He said that according to the relevant provisions of the labor contract law, the employer did not need to use working hours to terminate the labor contract.

However, the lifting of

Labor contract

The cause of release shall be informed.

Worker

At the same time, the employer should give notice of the termination of the labor contract to the laborers in an effective way.

If the procedure is illegal, the result of illegal termination will be directly caused.

Similarly, if there is any defect in the procedure for relieving the notification, it will result in the lifting of the legal effect.

Attorney general suggested that the vast majority

Employing unit

When relieving labor contracts with employees, strictly abide by the law and implement them as far as possible, so as not to cause unnecessary trouble in the future.

Du also reminded the vast number of labourers that if the employer had to terminate the labor contract orally, the laborer could first require the unit to issue a written proof. When the negotiation fails, it is better for the employer to issue the certificate of discharge by the labor administrative department as early as possible, so as to preserve enough evidence for the labor dispute that may occur, and not to stop working in the situation of the absence of evidence, so as to make himself at a disadvantage in the labor dispute.

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The reporter understands, network recruitment is convenient, but there are still a lot of traps.

Some applicants to reporters, the personal name of the name entered Baidu, the search is actually a number of previous recruitment websites registered resume, resulting in full disclosure of personal information, this is a problem that many job seekers generally reflect at this stage.

At present, some websites have not shielded their resume from being caught by search engines in order to increase their traffic volume, resulting in the publicity of personal information of job seekers and a series of unexpected troubles.

Some copycat versions of "recruitment website" are not strict with enterprises, resulting in some Swindlers Company coming in at random, and checking the information of job seekers at random. Some job seekers with weak security consciousness are often deceived.

Network job search information is large and cost is low, but some malpractices such as information update is not timely and false information is everywhere, which also makes job seekers headache.

According to a recruitment website survey, the biggest job hunting trap in the workplace is the deposit and deposit, which accounts for 28.16% of the total.

Some lawless elements make use of the psychology of job seekers eager to find jobs, and require that some expenses that should be borne by enterprises, such as file management fees and training fees, should be paid in advance. Even after the training is passed, they will borrow all kinds of harsh working conditions and requirements, forcing job seekers to retreat.

Similar behaviors are common in online recruitment.

It is because of the above chaos, although the network recruitment has caused a certain impact on the traditional labor market, but even the online recruitment practitioners themselves believe that online recruitment can not replace the traditional labor market.

"The network is just providing a platform, because of security and other disadvantages, network recruitment can not replace all the links under the line recruitment."

A staff member of Zhaopin told reporters.

For some of these problems, some regular recruitment websites attach great importance to them.

A person in charge of the recruitment platform told reporters that all the information displayed on the website will be manually checked to reduce the possibility of illegal information.

For the fee information, if the job seeker is defrauded of the deposit by the enterprise, the platform will provide the advance compensation service.

"We will organize a number of recruitment fairs in many cities, so that enterprises and job seekers face to face, through the linkage of online and offline resources, to facilitate job seekers."

The relevant person in charge of the blue collar recruitment platform, Ganji network, told reporters that the combination of online and offline job search will be a new direction for the future employment market.


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