Individual industrial and commercial employment regulations
Individual industrial and commercial employment regulations, workers in the employer generally need to sign a labor contract, which has the relevant provisions of the labor law, are required to quasi-obedience, the following for you to share the individual industrial and commercial employment regulations.
Individual businessmen employment regulations 1Individual businessmen need to sign a labor contract with the employee, the establishment of labor relations, shall enter into a written labor contract. Has established labor relations, not at the same time to enter into a written labor contract, should be from the date of employment within one month to enter into a written labor contract. Employers and workers in the employment before the conclusion of labor contracts, labor relations since the date of employment established.
Legal analysis
Individual business households in the industry and commerce administrative organs to register as an individual business, belonging to the scope of the individual economic organizations, the formation of its workers and workers are labor relations. Although most of the small size of individual households, but also employers, in line with the main qualification of employers, therefore, between them and their employees, to clarify the labor relationship through the labor contract. If the self-employed do not sign the contract, the legal consequences it faces is to pay compensation, and timely renewal.
According to the relevant legal provisions of the employer within thirty days of the date of employment should sign a labor contract with the workers, the probationary period without signing a labor contract is illegal. According to the relevant provisions of the law, the employer from the date of employment that is to establish a labor relationship with the workers, the establishment of labor relations, should enter into a written labor contract. Has established a labor relationship, not at the same time to enter into a written labor contract, should be from the date of employment within one month to enter into a written labor contract.
Workers from the date of trial with the employer to establish a labor relationship, the two sides should enter into a written labor contract, the employer does not sign labor contracts illegal. In addition, there are hired workers, such as self-employed workers enjoy paid annual leave for more than one year of continuous work. The unit shall ensure that the employee enjoys annual leave. During the annual leave, the employee enjoys the same wage income as during the normal working period. National statutory vacations and rest days are not counted as vacation days for annual leave.
Legal Basis
The Labor Law of the People's Republic of China
Article 16 A labor contract is an agreement between a worker and his employer to establish a labor relationship and to define the rights and obligations of both parties. A labor contract shall be concluded in order to establish a labor relationship.
Article 17 The conclusion and change of a labor contract shall be based on the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The conclusion of a labor contract shall be legally binding, and the parties must fulfill the obligations stipulated in the labor contract.
Article 45 The State shall implement a system of paid annual leave. Workers who have worked continuously for more than one year shall enjoy paid annual leave. The specific measures shall be prescribed by the State Council.
Individual businessman labor regulations2
First, individual businessman labor must sign a contract
1, individual businessman did not sign the consequences of labor contracts should be based on the "Chinese People's **** and the State Labor Law," Article 98 provides that: the employer violates the conditions of this law to terminate the labor contract or intentionally delayed in the conclusion of the labor contract, the labor administration department shall order rectification ; if it causes damage to the workers, it shall be liable for compensation. If the individual businessman did not pay insurance for the workers, the labor administrative department to enforce.
2, Article 100 of the employer does not pay social insurance premiums for no reason, the labor administrative department shall order it to pay by a certain date, and if the payment is not made by the due date, a late fee may be charged.
3, "on private enterprises and individual business households to fully implement the labor contract system notice" Ministry of Labor issued [1996] No. 162, Article 1 provides that: private enterprises and individual business households should be in accordance with the local people's government labor administration department of the unified deployment, in accordance with the provisions of the relevant laws and regulations, on the basis of equality and voluntariness, consensus, and workers to sign a labor contract and establish labor relationship. If a labor contract has been signed, the contract should be managed well, and the labor contract should be fulfilled conscientiously to effectively protect the legitimate rights and interests of both parties.
Second, the individual business households have income tax
Individual business households have income tax. Individual business enterprise personal tax formula: taxable income = total income - costs, expenses and losses - starting point, taxable amount = taxable income × applicable tax rate.
According to the "State Administration of Taxation on the issuance of individual industrial and commercial households on individual income tax calculation methods (for trial implementation) > the notice", the income of individual industrial and commercial households include: individual households engaged in the production and operation of production and operation-related activities of the income, including commodity (product) sales income, operating income, labor service income, project price income, property rental or transfer income, interest income, other business income, and other business income. Income, interest income, other business income and non-operating income.
Costs, expenses and losses deducted before tax include: direct expenses incurred by self-employed persons engaged in production and operation and indirect expenses allocated to costs, as well as selling expenses, administrative expenses and financial expenses; losses refer to non-operating expenditures incurred by self-employed persons in the course of production and operation.
Third, what is the difference between an individual business and a limited liability company
1, the most fundamental difference between an individual and a limited company is that they bear the responsibility for the property is different, the individual bears the unlimited responsibility for the property, the limited company bears the responsibility for the property of the limited liability, the business administration fee or the individual is good, because the individual business administration fee government has announced to stop the collection of business administration fee, the individual business administration fee, the individual business administration fee is good. The government has announced that it has stopped collecting the management fee, and the limited company has to pay, but the management fee is a few hundred dollars a year.
2, the tax difference in the individual business tax (4% to 6% of the monthly turnover) monthly turnover of less than five thousand dollars is not collected, the profit according to the personal income tax, limited liability company in the same business tax, in the income tax is not the same, the collection of corporate income tax, the tax rate is relatively high (24% to 33%).
3, the individual can not directly invoice, to the local tax office on behalf of the opening, the limited company in the registration of small taxpayers can develop their own invoices.
4. Individuals can sign business contracts with companies. The company can remit the money to the bank account of the self-employed.
I, the individual business employing employees, whether the need to sign a labor contract
1, the need for. The labor contract law clearly stipulates the scope of application of the labor contract law: the Chinese people *** and the State within the enterprise, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as the employer) and the workers to establish a labor relationship, to enter into, perform, change, terminate or terminate the labor contract, the application of this law.
2. At the same time, the Labor Contract Law also clearly stipulates that the employer establishes labor relations with the workers from the date of employment. The employer shall establish a roster of workers for inspection. Establishment of labor relations, should enter into a written labor contract.
The labor relationship has been established, not at the same time to enter into a written labor contract, should be from the date of employment within one month to enter into a written labor contract. In other words, the scope of application of the Labor Contract Law includes self-employed businessmen, self-employed businessmen in China and workers to establish labor relations, the need to enter into a written labor contract.
Second, the employee labor contract
Employee labor contract
Party A (employer) Name: ____________________
Legal representative: __________
Party B (hired personnel) Name: ____________________
Gender: _______________
Date of birth: ______ ______ month _____
Ethnicity: _______________
Educational level: ________________
Resident ID number: __________________________
Home address: ___________
Code: ____________________
According to the national laws and relevant policies, after equal consultation between A and B, they voluntarily sign this contract:
I. Term of the employment contract.
Determined in accordance with the following paragraph ________:
(a) This contract is a fixed-term employment contract. The term of the contract shall be from _____ _____ month ____ to _______ _______ month ______ day. Of which the probationary period is from _______ ____ ________ to ____ _______ ______.
(b) This contract is an employment contract with no fixed term. The contract period starts from _________ _________ ____ until the emergence of legal or agreed conditions for the termination (termination) of the contract. Of which the probationary period is from the date of ____ of ________ ______ to the date of _______ of _______ of ________.
(3) This contract is an employment contract for a period of time for the completion of certain work. The contract runs from the date of _________ to the date of _______ (the starting and ending dates must be clear and specific).
Second, the nature of the work and assessment indicators
Party B agrees to work in _______ position according to the work needs of Party A and to complete the work tasks undertaken by the position.
Appraisal indicators per ______ month (per quarter, per year) for ___________________
Third, labor protection and labor conditions
Fourth, labor compensation
Party B in the employment period of The basic salary is no, per month _________ yuan, bonuses see Party A's bonus payment system.
V. Party A's 'rights and obligations
(a) Party A's rights
1. In accordance with the relevant provisions of the state and the Party's rules and regulations on the exercise of the right of Party B management, the right of assessment, and the right to reward and punishment.
2. During the contract period, Party A has the right to adjust Party B's work position due to work needs.
3. With one of the following circumstances, Party A may at any time notify Party B to terminate the labor contract, without the restriction of thirty days' notice:
(1) during the probationary period, Party B is found to be not in line with the conditions of employment;
(2) ......
(3) Party B is a serious violation of the Party A's work responsibility system or Party A's rules and regulations;
(4) Party B's serious dereliction of duty, self-serving, causing significant damage to Party A's interests;
(5) Party B is investigated for criminal liability in accordance with the law;
(6) Party B's continuous ________ monthly (____ quarterly, ______ yearly) appraisal has been determined to be incompetent;
p> (7) Incompetent in his/her current position and does not accept other arrangements.
4. With one of the following circumstances, Party A may terminate the employment contract, but shall give thirty days' written notice to Party B:
(1) Party B is sick or injured, after the expiration of the prescribed medical period, can not engage in the original work and can not engage in the Party's other arrangements for the work;
(2) Party B is unable to perform the job, after training or adjusting the work position, still unable to perform the job;
(3) Party B is unable to perform the job, after training or adjusting the work position, still unable to perform the job;
(5) Party B is unable to perform the job. (3) the employment contract is concluded on the basis of the objective situation has changed significantly, resulting in the original employment contract can not be performed, the parties concerned can not reach agreement on the change of the employment contract;
(4) the Party is on the verge of bankruptcy in the legal rectification period or production and management of serious difficulties, the need to reduce staff.
5. During the employment period, Party B's illegal, indiscipline or other misconduct, causing losses to Party A, Party A has the right to require Party B to bear the corresponding liability.
(B) Party A's obligations
1. Comply with national laws, regulations and policies, respect for the mastery of the workers, and to create an environment conducive to the enthusiasm and creativity of the workers.
2. Responsible for Party B for ideology, professional ethics, professional and technical, business management knowledge, compliance with laws and regulations of education and training.
3. Party B has one of the following circumstances, and does not meet the Article 5 (1) (3), Party A shall not terminate the labor contract:
(1) Party B suffers from an occupational disease or injury at work and is confirmed to be incapable of work;
(2) illness or injury, in the prescribed period of medical treatment;
(3) Party B is a female employee. During the period of pregnancy, childbirth and breastfeeding;
(4) Other cases stipulated by laws and regulations.
Sixth, the rights and obligations of Party B
(a) the rights of Party B
1. During the period of the contract, Party B enjoys the right to participate in the democratic management of the enterprise, and to receive honor and material encouragement.
2. The right to enjoy labor protection, labor insurance, welfare treatment provided by the state and the enterprise.
3. The right to apply for an extension of the medical period due to the need of disease treatment.
4. Party B may terminate the employment contract at any time by notifying Party A under any of the following circumstances
(1) during the probationary period;
(2) Party A forces Party B to work by means of violence, threat, or unlawful restriction of personal freedom;
(3) Party A fails to pay the remuneration for labor or to provide the working conditions as agreed in the employment contract.
(2) Party B's obligations
1. Must complete the agreed work tasks or work targets on time, in accordance with quality and quantity, and accept Party A's assessment.
2. Consciously protect the Party's image and interests, and shall not implement words and deeds that damage the Party's image and interests.
3. Must carry out business in the name of Party A's staff and obey Party A's unified management.
4. Party B unilaterally terminate the labor contract in advance for other reasons, should notify Party A in writing 30 days in advance, and bear the corresponding legal responsibility.
VII, labor insurance and welfare treatment
A, B parties to participate in social insurance according to law, pay social insurance premiums on a monthly basis, the individual part of the party B, by the party in its wages withheld.
VIII, liability for breach of contract
1. This contract, once signed, the two sides must be strictly enforced, such as in the event of a breach of contract, the defaulting party shall bear the responsibility for the breach of contract, pay the other party liquidated damages of ______; to the other party to cause losses, should be compensated according to the consequences and the size of the responsibility.
2. Party B in service, funded by the Party for vocational and technical training or Party B is a paid introduction of talent, when Party B did not meet the agreed service ______ number of years to terminate this contract, Party A can be in accordance with the actual payment of the training fees or paid introduction of the fee charged compensation, which is standardized for each service ______ years of the total amount of the training fee or introduction of the fee paid by the decreasing 20%.
3. The economic compensation and economic indemnity for the violation and termination of the employment contract shall be carried out in accordance with the current relevant provisions of the state. At the time of termination of the labor contract between the two parties, Party A will pay Party B a lump sum.
4. Due to force majeure caused by this contract can not be performed, can not assume responsibility for breach of contract.
IX. Procedures for termination of labor contract
The two parties agree that the following procedures are fair and reasonable.
1. Filing a written notice;
2. Filling out the "Employee Separation Notice".
Returning all kinds of documents, information, communication equipment, labor tools, housing, transportation and other properties of Party A held by Party B. Any loss or damage should be compensated.
3. Handover of work;
4. Payment of liquidated damages and compensation;
5. Party A issued a certificate of termination or termination of the labor contract;
6. Handling the transfer of household accounts, files and social insurance.
On the thirty-first day from the date of Party B's written notice, the labor contract relationship between the two parties shall be terminated. However, if Party B fails to complete the procedures in time due to Party B's reasons, the processing time can be postponed, and Party B will be responsible for the losses caused.
However, if the delay is caused by Party A, Party A shall complete the formalities for Party B and compensate Party B for the loss.
X. This contract shall be implemented in accordance with laws, regulations, rules and policies.
Party A (seal): _________________ Party B (signature): _________________
_________ year _________ month ________ day _______ year ______ month _______ day