Do temporary cleaners need to sign labor contracts?

Part-time cleaners don't have to sign a labor contract, because the labor law doesn't require part-time cleaners to sign a labor contract. However, in order to protect their legitimate rights and interests, cleaners had better ask employers to sign part-time contracts. A part-time contract shall contain the basic information of both parties, work contents, payment methods, etc. Part-time job is actually a part-time labor relationship.

1. Is it necessary for a part-time cleaner to sign a labor agreement?

Although China's labor law does not require a part-time job to sign a labor contract, but. In order to safeguard their legitimate interests, they need to sign part-time contracts. In the signed part-time contract, attention should be paid to stating: the names of both parties, contact information, work content, remuneration and payment method. If it is a single job, it is best to write down the completion date. In this way, the rights and obligations of both parties are determined in advance, and they are more at ease in the process of part-time work.

China's "Labor Contract Law" stipulates that both parties to part-time employment can conclude an oral agreement. Therefore, it is not necessary to sign a written contract with, but it is necessary to sign a written part-time contract in order to prevent future disputes and clarify the rights and obligations of both parties. Taking a part-time job, usually paid by the hour, is actually a part-time job. May require the signing of a labor contract or an oral agreement.

According to the provisions of the Labor Contract Law, the average working hours of part-time workers in the same employer generally do not exceed four hours a day, and the cumulative working hours per week do not exceed twenty-four hours. The probation period shall not be agreed, and the labor remuneration settlement period shall not exceed fifteen days at the longest.

In addition, workers who work part-time can conclude labor contracts with one or more employers; The labor contract concluded after does not affect the performance of the labor contract concluded before. Either party can notify the other party to terminate the employment relationship at any time, and the employer does not pay economic compensation to the workers.

It can be seen that part-time workers can also request to sign a labor contract, stipulating important contents such as labor posts and working hours, wages and benefits, and liability for breach of contract, so as to avoid the uncertainty and controversy of oral agreement; Of course, if you do a part-time job without signing a labor contract, you must choose an employer with a good reputation, standardize employment management, and minimize the risk index of labor disputes.

Second, what should I pay attention to in part-time contracts?

1. It is suggested to sign a contract to clarify the rights and obligations of both parties.

2. Part-time employees can only sign labor contracts and do not pay social security accumulation fund.

3. If the part-time job is a long-term job, it is necessary to sign an agreement, which can be a temporary employment agreement or a part-time labor contract, specifying the post, job responsibilities, salary and salary, and the time and method of payment.

In addition, after getting the contract, we should pay attention to the following points:

1. Make sure the contract itself is legal. Confirm that the labor contract signed by oneself is legally binding, including: the employer must have the legal person qualification, and the private enterprise must meet the legal conditions. The contents (rights and obligations) of the labor contract signed by both parties must comply with laws, regulations and labor policies, and shall not engage in illegal labor; In addition, the procedures and forms of signing labor contracts must be legal.

2. Carefully check whether the terms of the contract are complete. A formal contract should have complete terms, including place, time, specific work contents and standards, labor remuneration, contract term, liability for breach of contract, dispute settlement method, signature and seal, etc.

3. Beware of overlord contracts (unfair and unreasonable contracts). Beware of contracts with unclear terms and vague concepts, which only stipulate the obligations of job seekers and rarely involve the rights of job seekers.

4. bravely question the aspects in the contract that may harm your own interests.

5. Make use of the supplementary clauses in the contract to supplement the contents that are conducive to safeguarding their own rights and interests and reduce the risk of infringement.

6. Enhance the awareness of self-protection and the concept of legal system, and never sign a contract that is extremely unfavorable to yourself, otherwise the future trouble will be endless.

7. Leave yourself a contract. In case there is a conflict of interest between the two sides in the future, it is easy to verify.

It can be seen that although part-time jobs are not legally required to be bound by labor agreements, in this employment relationship, if there is no written agreement, it will actually bring great legal risks to the employer itself. Therefore, it is necessary for part-time cleaners to sign labor agreements with employers or employers. At the same time, although part-time cleaners are different from regular employees, their legitimate rights and interests cannot be ignored.

Network tip:

The Civil Code came into force on 202 1 1, and the Marriage Law, Adoption Law, Inheritance Law, General Principles of Civil Law, General Principles of Civil Law, Tort Liability Law, Guarantee Law, Contract Law and Property Law were abolished at the same time.