建立勞動關系應當注意哪些問題?
問 《勞(lao)動(dong)合同法》強(qiang)調,建立(li)勞(lao)動(dong)關系,應當訂立(li)書面(mian)勞(lao)動(dong)合同,那么簽(qian)訂勞(lao)動(dong)合同應當注意哪些問題(ti)?
答 首先(xian)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)應(ying)當在(zai)建立(li)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)關(guan)系(xi)的(de)(de)一個月內訂立(li),用(yong)(yong)(yong)人(ren)單位(wei)(wei)自(zi)用(yong)(yong)(yong)工之(zhi)日起(qi)超過一個月不滿一年未與勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)訂立(li)書面(mian)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)的(de)(de),應(ying)當向勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)每月支付(fu)兩倍的(de)(de)工資(zi);其(qi)次用(yong)(yong)(yong)人(ren)單位(wei)(wei)自(zi)用(yong)(yong)(yong)工之(zhi)日起(qi)滿一年不與勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)訂立(li)書面(mian)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)的(de)(de),視為(wei)用(yong)(yong)(yong)人(ren)單位(wei)(wei)與勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)已(yi)訂立(li)無固定(ding)期限勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong),用(yong)(yong)(yong)人(ren)單位(wei)(wei)未在(zai)用(yong)(yong)(yong)工的(de)(de)同(tong)(tong)(tong)(tong)(tong)時訂立(li)書面(mian)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong),與勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)約(yue)定(ding)的(de)(de)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)報酬不明(ming)確(que)的(de)(de),新(xin)招用(yong)(yong)(yong)的(de)(de)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)的(de)(de)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)報酬按照集體合(he)同(tong)(tong)(tong)(tong)(tong)規定(ding)的(de)(de)標準執行;沒有集體合(he)同(tong)(tong)(tong)(tong)(tong)或者(zhe)集體合(he)同(tong)(tong)(tong)(tong)(tong)未規定(ding)的(de)(de),實行同(tong)(tong)(tong)(tong)(tong)工同(tong)(tong)(tong)(tong)(tong)酬;最后勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)由用(yong)(yong)(yong)人(ren)單位(wei)(wei)與勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)協商一致,并經(jing)用(yong)(yong)(yong)人(ren)單位(wei)(wei)與勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)者(zhe)在(zai)勞(lao)(lao)(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)(tong)(tong)(tong)文本(ben)上簽字或者(zhe)蓋(gai)章(zhang)生效。