1. What should I do if the labor remuneration agreement is not clear in the labor contract?
Article 18 of the Labor Contract Law stipulates that if the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.
2. Is the probationary period included in the term of the employment contract?
If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract. In real life, some employers often do not sign a formal employment contract for employees during the probationary period, but often wait until the employee is "regularized" before signing the employment contract.
3. During the probationary period, can the employer terminate the labor contract at will?
During the probationary period, the employer shall not terminate the employment contract unless one of the following circumstances occurs to the employee:
1) It is proved that they do not meet the employment conditions during the probationary period;
2) Serious violation of the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;
5) The labor contract is invalid due to the use of fraud, coercion or taking advantage of the danger of others, causing the other party to conclude or modify the labor contract contrary to the true intention;
6) Those who have been investigated for criminal responsibility in accordance with law;
7) The worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired;
8) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.
In addition, even if the employee falls under one of the above circumstances, if the employer needs to terminate the labor contract with the employee during the probationary period, it shall explain the reasons to the employee.
4. What is a "non-compete restriction"?
Paragraph 2 of Article 23 of the Labor Contract Law stipulates that "for an employee who is obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement." This clause extends the employee's confidentiality obligation until after the termination of the employment contract.
The so-called non-compete restriction, also known as "non-competition" and "non-competition", refers to the fact that employees with specific obligations are not allowed to operate the same business projects as the enterprises they work for themselves or for others within a certain period of time after leaving their posts. The purpose of this system is to prevent and resolve disputes caused by competitive peers poaching each other and high-end talents taking away trade secrets.