Keywords: Carrefour labor labor contract
The world brand laboratory (brand.) Reports:
From Carrefour China headquarters was informed that the Carrefour National 4 000 employees, in addition to signed no fixed-term labor contract, regardless of the length of service, whether the contract expires, December 28, signed with the company again before two years of the new contract. Carrefour China Headquarters officials said, is consistent with the imminent implementation of the employment contracts Act does not directly, but rather the company's "own commercial operation behavior". Legal Department, Federation of persons that the firms in the new law introduced this before, simply sign in and staff without a fixed term labour contracts, before signing up a fixed-term labor contract opportunities. But so many people to sign the contract, not only easy to throw the speculation and employees, lowering their trust in the enterprise, also to the proper functioning of the enterprise.
Enterprise attitude: not mandatory
This reporter has learned that the 17 November this year, Carrefour China headquarters to China store personnel issued an e-mail message, the message conveyed will work with staff to sign a contract of instruction. Confirmed that the contract for a period of two years, from December 28, 2007 to December 28 2009, regardless of length of service of workers, contract expiry, are renewed. Carrefour China headquarters Legal Department's cold lawyers in an interview, said that the time you entered into an employment contract is not mandatory, the contract does not expire and workers can choose checked or not checked. This reporter has learned that throughout the process, Carrefour and not dismiss or buy employee work practices.
Carrefour national media manager Chen said in an interview, the company entered into an employment contract is again because the company before the contracts with the employees, some terms and the imminent implementation of the employment contracts Act does not, therefore, to make changes to the labor contract. But for what provisions need to be modified, Chen Manager to "trade secrets" and refused to disclose.
For why the labor contract law into effect before signing the contract, the Manager said, "this is the company's own commercial operation behavior," because the company before the Spring Festival are very busy, so must the sales season before labor contracts renewed.
Trade Union apprehensions: I do not know how to check consequences
The reporter then interviewed more than local Carrefour hypermarket employees, workers and staff members indicated that, at the time of signing the contract, the personnel department to "order the tone of" let them sign, we are not afraid to not check, but at the same time fear, wonder signed a new contract, what will happen. Many workers also questioned the enterprise approach intended to avoid the new law.
The Legal Department of persons in total: this is new behavior for avoidance
Legal Department, General Union for its analysis that the labor contract law, enterprises can only be used with the same staff sign two fixed-term contracts, the third signature is required at check-in without a fixed term contract. The enterprise to catch the end of the year to sign a contract, it is also a circumvention measures, their hope in check without a fixed term contract more than once before you can sign a fixed contract opportunities. But so many people to sign the contract, not only easy to throw the speculation and employees, lowering their trust in the enterprise, but also will give enterprises the normal operation of a certain influence.
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Why Carrefour this renewed new labor contract is circumvention?
The labor contract law, article 14 provides: "any of the following circumstances, worker or agree to renew, labour contracts, except for workers to enter into fixed-term employment contracts shall be concluded without a fixed term labour contracts ... Make second consecutive fixed-term labor contract, and the worker does not have this Law 39 and article 40, paragraph 1, the second requirement, renewal of employment contracts. ”
(Article 39 of the Act provides for several situations that: (a) during the trial proved does not meet the conditions of employment; (ii) a serious violation of the rules and regulations of the employer; and (iii) serious failure, corruption, to cause significant damage to the employer; and (iv) workers shall also establish with other employers, labor relations to complete this unit of work tasks result in serious influence or made by an employer to refuse to correct; (5) article 26 of this law, paragraph 1 (b) where a provision which an employment contract invalid; (vi) to be investigated for criminal liability. Article 40, paragraph 1, the second requirement of the case are: (a) the worker illness or non-work-related injuries, after the expiration of the prescribed medical treatment cannot be engaged in the original work and engaged in by the employer prior arrangements; (ii) workers shall not be competent, trained or adjustment work, still not equal work. )
In accordance with the provisions of the labor contract law, enterprises can only be used with the same employees signed two fixed-term contracts, while the third signature is required at check-in without a fixed term contract. But the new law also provides for the Act to implement a contract before, take interim protection. Shall, after the expiration of the contract to sign new contracts signed before computing the number of fixed-term contract. (For example, in December 2007 to 2010-11 month contract, you will need to wait until the contract expires, the 2010 renewal had just been identified for the first time, even if a checked then a year, while employees in company service such as the age of 10 years, will be waiting for 2012 contract expires only after signing with the enterprise without a fixed term contract. ）
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