China's labor contract laws and regulations stipulate the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations. Therefore, as a laborer, we must first know more about this law in order to safeguard our legitimate rights and interests and fulfill our due obligations.
The employer and the employee shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility when establishing labor relations and signing labor contracts. Workers choose the unit, and the unit also chooses the workers. This is a two-way choice and is equal.
According to the normal procedure, if a party leaves his post, he will dissolve or terminate the labor contract with the original company. After the company issued the resignation certificate, handled the social security and file transfer or sealing, and handled the handover procedures, the labor relationship with the company was also terminated. At present, relevant parties need to follow the entry procedures, that is, job search, interview, audit, training and entry procedures.
Among them, the background investigation of the new company is also carried out in accordance with legal procedures and the rules and regulations of the unit. I believe that an objective and fair investigation will also be conducted, and the parties need not worry too much.
However, if the original unit deliberately provides inaccurate descriptions or even maliciously slanders the new company when investigating it, the parties concerned can give detailed explanations when questioning the new company, and at the same time, they can consider using legal means to safeguard their legitimate rights and interests.
Relevant legal basis
According to the Labor Contract Law of People's Republic of China (PRC)
Article 1 This Law is formulated in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and establish and develop harmonious and stable labor relations.
Article 2 This Law is applicable to enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employers) in People's Republic of China (PRC) to establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts.
State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this Law.
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility.
The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations.
When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.
In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.
The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
Article 8 When employing workers, the employing unit shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, conditions for safe production, labor remuneration and other information required by the workers; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.
Article 29 The employing unit and the laborer shall fully perform their respective obligations in accordance with the stipulations of the labor contract.