1. Do I need a social security payment certificate for the filing of the labor contract?
No, the materials required for the filing of labor contracts mainly include:
1. Comprehensive Form for Labor and Employment Filing.
2. Enterprise organization certificate, legal person ID card and photocopy.
3. The labor contract signed between the employer and the employee;
4. If the labor contract stipulates that the working hours shall be adopted in an irregular manner and comprehensively calculated working hours, the procedures for the implementation of special working hours stamped by the human resources and social security department shall also be brought.
2. What are the characteristics of the labor contract?
1. The subject of the labor contract is specific. One side is the laborer, that is, Chinese, foreigners and stateless persons who have the capacity for labor rights and labor behavior;The other party is the employer, that is, the enterprise, individual economic organization, public institution, state organ, social organization and other employers that have the right and ability to use labor. In the process of realizing labor, both parties have a subordinate relationship of domination and domination, leadership and obedience.
2. The content of the labor contract has the unity and correspondence of labor rights and obligations. There is no one who only enjoys labor rights but does not perform labor obligations, and there is no one who only fulfills labor obligations but does not enjoy labor rights. The labor rights of one party are the labor obligations of the other and vice versa.
3. The object of the labor contract is singular, that is, the labor behavior.
4. The labor contract has the characteristics of promise, compensation and double contract. When the employee and the employer reach an agreement on the terms and conditions of the employment contract, the employment contract is established. Employers pay labor remuneration according to the quantity and quality of labor performed by employees, and cannot use labor without compensation. Both the employee and the employer enjoy certain rights and fulfill the corresponding obligations.
5. Labor contracts often involve the material interests of a third party. The employment contract must have social insurance clauses, and the parties to the employment contract can also clearly stipulate the relevant welfare clauses in the employment contract, and these clauses often involve the material benefits of a third party.
3. What are the terms of the labor contract?
The law stipulates that there are three types of contract durations: there is a fixed term, such as a 1-year period, a 3-year period, and so onThere is no fixed term, the contract period does not have a specific time agreement, only the conditions for terminating the contract, and unless there are special circumstances, the contract of such period shall continue until the employee reaches retirement age;For example, if a labor service company sends an employee to work in another company, and the two companies sign a labor contract, the term of the labor contract signed between the labor service company and the expatriate employee is terminated by the dissolution or termination of the labor contract, and the term of this contract belongs to the type of term for the completion of a certain work. When the employer and the employee negotiate and choose the term of the contract, they should agree on it according to the actual situation and needs of both parties.
There is no relationship between the filing of the labor contract and the payment of social security, so it is nonsense to provide proof of social security payment. Although the filing of labor contracts is free of charge, it is also a redundant move for both the company and the employee. However, it depends on the policy set by the local labor bureau. If the labor contract has been recorded, the filing must be terminated when the labor contract is terminated.