欢迎扫描下方二维码关注： 进入职场 签订劳动合同是每位求职者必经的环节 那么，劳动合同应该何时签？ 哪些陷阱务必避开？ 看这篇就知道！ 这些陷阱，带你逐一击破 求职者在签订合同时，要 仔细审查 ，对于"霸王"条款 可以提出异议 ，如果合法权益受到侵害时，也可以通过 申请仲裁 等主张条款无效。 02 "抵押"合同 一些公司可能会要求员工，在合同中同意 将身份证件扣押或个人财产或财务权益作为抵押 ，以确保员工履行合同。 这种情况下，如果员工不按合同要求履行，可能会面临无法取回证件或财产损失。 求职者不要将身份证件和个人财产抵押给公司，根据法律规定合同中 不得设置此类条款 ，如果身份证件或个人财产已被公司扣押，可以向劳动 01 "霸王"合同 所谓"霸王"合同， 是指公司在劳动合同中， 设置了公司可以随意解雇员工或者免除公司责任、排除员工权益的条款 ，以及 限制员工 辞职权 的条款等。 这种合同可能严重损害员工的权益，但是由于违反法律规定也会被认定为无效条款。 监察部门投诉。 03 "竞限"合同 竞业限制或者竞业禁止合同，将 限制员工在离开公司后一段时间内，不能加入竞争对手或自己创业经营同类业务 。 一般会在重要岗位 ...

Group 1 - The establishment of a labor relationship occurs from the day the employer starts using the worker, and a written labor contract should be signed within one month from that date [2][4] - According to Article 82 of the Labor Contract Law, if the employer fails to sign a written labor contract within one month to less than one year, they must pay the worker double wages for each month and subsequently sign the written labor contract [5] - If the labor contract expires and the employee continues to work without a new contract, the employer is required to sign a written labor contract, and if this is not done within one month, the employee can claim double wages for the period [6]

Core Viewpoint - The article emphasizes the importance of carefully reviewing and negotiating labor contracts for recent graduates entering the workforce, highlighting potential pitfalls and common traps that may infringe on their rights [2][3][7]. Group 1: Common Issues in Labor Contracts - Some employers may only provide an "employment agreement" or rely on verbal agreements instead of a formal written labor contract, which can undermine the rights of graduates [3]. - Labor contracts may lack essential details such as job position, work location, salary, labor conditions, and contract duration [4]. - Employers may prepare two different salary contracts ("yin-yang contracts") to evade tax obligations [5]. - Contracts may contain "unfair clauses" that impose unreasonable conditions, such as prohibiting marriage for several years, requiring unconditional overtime, or not settling wages during the probation period [6]. Group 2: Types of Labor Contracts - Labor contracts can be categorized into fixed-term contracts, indefinite-term contracts, and contracts based on the completion of specific tasks [9][14]. - A fixed-term labor contract specifies a termination date agreed upon by both the employer and the employee [10]. - An indefinite-term labor contract does not have a predetermined end date and is required under certain conditions, such as when an employee has worked for the same employer for ten years [11][12]. Group 3: Essential Elements of Labor Contracts - According to the Labor Contract Law, essential elements of a labor contract must include the contract duration, job responsibilities, work location, working hours, salary, social insurance, labor protection, and working conditions [16]. - Additional terms may be included, such as probation periods, training, confidentiality agreements, and benefits [17]. Group 4: Signing and Retaining Labor Contracts - Labor contracts should be signed within one month of employment, regardless of whether a probation period is agreed upon [19]. - Employers must provide a paper copy of the electronic labor contract upon request and ensure that employees can access the contract easily [20]. - Both the employer and employee should retain a copy of the signed labor contract to avoid difficulties in case of disputes [24].

Employment Procedures for Graduates - Graduates with confirmed employment should sign labor contracts promptly and follow up on social security contributions, as well as complete household registration and organizational relationship transfer procedures within the stipulated time [2][3] - Graduates without confirmed employment can retain their household registration and archives at the school for two years or transfer them to their original household registration location. They can register for job search services at local employment agencies or online platforms to access job information and career guidance [3][5] Archive Management - Archives should not be personally retained; they must be managed by educational institutions or relevant employment agencies. If a graduate has their archive, they should contact their original school for proper transfer [4][5][6] Labor Contract Essentials - Labor contracts must include essential clauses such as the employer's name, employee's details, contract duration, job description, working hours, salary, social insurance, and other legal requirements. Additional terms like probation, training, and benefits can also be included [7][8] Social Insurance and Housing Fund - The "Five Insurances and One Fund" include pension, medical, unemployment, work injury, maternity insurance, and housing provident fund, which provide various forms of financial support. The contribution rates for these insurances vary by region and should be verified before signing a labor contract [9]