劳动权益保护

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最高法:工程转包后出工伤 承包人承担工伤保险责任
Yang Shi Xin Wen· 2025-08-01 07:48
Core Viewpoint - The Supreme People's Court has issued an interpretation regarding labor dispute cases to protect workers' rights, effective from September 1, addressing issues like subcontracting and mixed employment [1][2]. Group 1: Legal Interpretations - The interpretation clarifies that contractors and those who allow subcontracting are responsible for paying wages and providing workers' compensation insurance benefits when laborers' rights are violated [1]. - In cases of mixed employment without written contracts, related entities are jointly liable for wage payments [2]. Group 2: Case Examples - A case was highlighted where a construction company subcontracted work to an unqualified individual, leading to a worker's injury. The court ruled that the original contractor must pay for workers' compensation, emphasizing the need for accountability in subcontracting practices [4][5]. - The court's decision aims to protect workers and ensure that companies engaging in illegal subcontracting face consequences, promoting industry regulation [5]. Group 3: Practical Guidance - Workers are advised to retain evidence of employment, such as payment records and task assignments, to support their claims in case of rights violations [2][6]. - In the event of an injury on-site, workers should promptly apply for work injury recognition and gather necessary documentation to expedite their claims [6].
职场新人必看!签合同,注意这些事
蓝色柳林财税室· 2025-07-22 00:38
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].
猝死在猿辅导,他没能收到婚礼祝福
盐财经· 2025-04-26 04:33
作者 | 张小河 编辑 | 宝珠 视觉 | 诺言 2025年4月23日,猿辅导武汉公司一名年仅20多岁的年轻男性员工李某,在办公室猝死,而他原计划于5 月2日举行婚礼。 从事件经过来看,4月22日中午,李某前往猿辅导上班,晚上加班期间,未再回复他的未婚妻信息。未 婚妻凌晨报警后,随同民警前往公司寻找,但因公司各楼层大门均有门禁,无法进入李某的办公区。直 到4月23日上午,保洁员打扫卫生时发现李某在办公室,但已经没有了呼吸。 事发后,猿辅导公司以"网络故障"为由通知员工调休,引发外界对真相透明度的质疑。 目前,劳动监察部门已介入工亡认定,但具体结论尚待调查。 当年轻的猿辅导员工倒在婚礼前10天的工位上时,一场猝死悲剧,撕开了在线教育行业光鲜表皮下的暗 疮。一个年轻生命的消逝,更折射出当前众多企业对员工身心健康的系统性忽视、企业伦理建设的落 后。 一家管理苛刻的教培公司 猝死事件发生后,一名前员工在接受采访时表示,作为班主任要负责400多个单科学生,要巡视班级上 课情况、课后接受答疑,"每天从下午1点工作到凌晨"。 并且,教师还需要负责卖课,"每天晚上要群里报告进展。这些电话都要录音,公司会随机抽查录音, 发现你 ...