Basic introduction
The employment capacity of employee units and the ability to employ people is generated since its establishment, and it is eliminated by it. In the 21st century, employers who apply to the Labor Law include: enterprises, individual economic organizations, state organs, career organizations, social groups. Among them, companies refer to all companies in China, including: legal enterprises and illegal enterprises, state-owned enterprises and non-state-owned enterprises, domestic enterprises and foreign-funded enterprises; individual economic organizations refer to industrial and commercial registration, and recruit employee individual business Households; national organs, business organizations and social groups refer to units of establishing labor relations through labor contracts or establishing labor relations with other staff.
The main body of Article 2 of the China Labor Contract Law stipulates the entity of the employer is "enterprise. Individual economic organization, private non-enterprise unit and other economic organizations". On September 18, 2008, Premier Wen Jiabao signed a State Council order, which announced the "Regulations on the Implementation of the Labor Contract Law of the People's Republic of China (hereinafter referred to as" Regulations), the "Regulations" from the date of publication. After the promulgation of the new law, the Regulations clarified the "Accounting Firm, the Certic Organization, Law Firm, etc., which was established according to law, and the employer of the labor contract law". As the organization of the employer's unit of employers as the labor contract method, there are two most basic features: one is legal establishment, and the other is a certain organization and property.
Applicable range
Profit
Enterprise is an economical economic organization with profit, including legal enterprises and illegal enterprises, is the main components of employers. It is the main adjustment object of this Law. Individual economic organization refers to individual industrial and commercial industrial households below 7 people. Private non-enterprise units refer to organizations that enterprise institutions, social groups and other social forces and citizens use non-state assets, engaged in non-profit social service activities. Such as private schools, private hospitals, private libraries, private museums, private science and technology museums, etc. In 2007, non-enterprise units exceeded 300,000.
This article will clarify the scope of the employer in the first paragraph of this article, that is, the three types of employment units listed, this paragraph also stipulates "including" organizational. " It should be noted that "waiting" here, "waiting for external", that is, the three types of companies, individual economic organizations, private non-enterprise units, other organizations and workers have established labor relations, and also apply this Law. Organizations outside the three types of organizations such as accounting firms, law firms, etc., their organizational forms are more complicated, some take partnership, some adopt cooperation system, they do not belong to any organic form listed in this article, but they The recruitment assistant, the workmanship, etc., also to sign a labor contract. Therefore, it is also necessary to apply this method.
Non-profit
According to this article, national organs, institutions, social groups, and laborers, implementation, implementation, changes, and termination, and termination of labor contracts. In accordance with this method.
State organs
The national authorities here include state power organs, national administrative organs, judicial organs, national military agencies, CPPCCs, etc., their employment civil servants and The civil servants of employed civil servants, the applicable civil servant law, not applicable this law, the state organs use the staff, and the labor contract is needed to be signed, and the labor contract method should be applied.
institutions
Institutions apply to this method, can be divided into three situations: one is organized by the management of public affairs, such as securities supervision The management committee, the insurance supervision and management committee, the banking supervision and management committee, etc., their hired staff is to manage the civil service law, not applicable. One is an institution that implements an enterprise management. This kind of institutions and employees are signed by employees, and the provisions of this article are applicable. There is also a kind of institution such as hospitals, schools, research institutions, etc., some laborers are signed by the labor contract. If the labor contract is signed, it will be implemented in accordance with the provisions of this article; some laborers and units signed the employment contract In accordance with the provisions of Article 96 of this Law, the law, administrative regulations and the State Council have other provisions, according to the law, administrative regulations and the State Council; law, administrative regulations and the State Council There is no special provision, but also in accordance with this method.
Social group
According to the provisions of the Social Group Registration Management Regulations, social groups refer to voluntary composition of Chinese citizens, in order to realize their common will, according to The non-profit social organization of its charter is carried out. The situation of social groups is also more complicated. Some social groups such as party groups. In addition to the staff, their staff is civil servants, in accordance with civil service law; some social groups such as union, common Youth League, Women's Federation, Industry and Commerce and other people's groups and The mass group, the literary art federation, the cultural and artistic sport groups such as the Football Association, the academic research group, the law, the medical association, etc., various industry associations and other socio-economic groups. Although these social groups did not clearly stipulate, in practice, in addition to the social groups included in the national preparation, their staff was managed by the civil service law. In addition to the majority of social groups, if the labor contract is established as the employer and the laborer, it will be adjusted in accordance with this Law.
Temporary Work
In the process of comment, some comments suggest that some flexible use will be included in the adjustment range of the labor contract. Such as non-full daily employment, retirees re-employ, illegal employment, labor dispatch, and so on. Therefore, in addition to standardizing the normal labor contract, the labor contract law has also been regulated for labor dispatch, non-full-time, and expands the adjustment range of this Law as much as possible. Considering that the labor contract method is a legal norm that regulates the labor contract between the employer and the laborer, this law is not good for some irregularities. Therefore, there is no regulations such as family employees, part-time staff, and retired personnel.