A. In the township *** engaged in computer maintenance is not considered skilled labor
Definitely yes, now is the era of computer networks to grasp their own career ~ the future of the computer technology work
B. Without written notice of the resignation and suspension of the company deleted the employee's system number, change the password of the computer in the office, can not provide the conditions of labor arbitration
The employer did not give prior notice and is illegal to terminate the labor contract, but the employer has to pay the compensation to the employee. > If the employer does not give notice in advance and the worker is not at fault, it is illegal to terminate the labor contract, and you can ask the other party to make economic compensation.
If there is a dispute over the termination of the labor contract, the worker can apply for labor arbitration.
The Law of the People's Republic of China on Labor Contracts
Article 36: Termination of Labor Contracts by Consultation
An employer may terminate a labor contract by consensus with the worker.
Article 39 Unilateral Termination of Labor Contract by the Employer (Negligent Dismissal)
The employer may terminate the labor contract if the worker has any of the following circumstances:
(1) proved to be incompatible with the conditions of employment during the probationary period;
(2) seriously violated the employer's rules and regulations;
(3) seriously failed to perform his duties. (iv) Where the worker simultaneously establishes labor relations with other employers, which seriously affects the accomplishment of the work tasks of the employer, or refuses to rectify the situation upon the employer's proposal;
(v) Where the labor contract is invalidated as a result of the circumstances stipulated in the first subparagraph of paragraph 1, subparagraph 1, of Article 26 of this Law;
(vi) Where the worker Being investigated for criminal liability according to law.
Article 40 Dismissal without Fault
In any of the following cases, the employer may terminate the employment contract after giving the worker thirty days' notice in writing in advance, or after paying the worker an additional month's wages:
(1) If the worker suffers from an illness or an injury not caused by work, and is not able to engage in the original work after the expiration of the prescribed medical treatment period, or is not able to engage in the work otherwise arranged by the employer;
(2) The worker is sick or injured not caused by work, and is not able to engage in the original work or in the work otherwise arranged by the employer; and
(ii) the worker is unable to perform the job, and after training or adjusting the job position, he or she is still unable to perform the job;
(iii) there is a significant change in the objective situation on which the labor contract is based, which makes it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement to change the content of the labor contract through negotiation.
Article 46 Economic Compensation
In any of the following cases, the employer shall pay economic compensation to the worker:
(1) If the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) If the employer proposes the termination of the labor contract to the worker in accordance with the provisions of Article 36 of this Law, and terminates the contract by mutual consent of the worker (c) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(d) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(e) The employer terminates the fixed-term employment contract in accordance with the provisions of Article 44(1) of this Law, unless the employer renews the contract by maintaining or increasing the terms and conditions stipulated in the contract and the employee does not agree to the contract being renewed. (e) Termination of a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except for the case where the employer maintains or improves the terms and conditions of the labor contract, and the worker does not agree to the renewal of the labor contract;
(f) Termination of a fixed-term labor contract in accordance with the provisions of the fourth paragraph of Article 44 of this Law and the fifth paragraph of Article 44 of this Law; and
(g) Other cases stipulated by laws and administrative regulations.
Article 48 Legal Consequences of Unlawful Termination of Employment Contracts
If an employer violates the provisions of this Law in terminating or suspending an employment contract, and the worker requests to continue to fulfill the employment contract, the employer shall continue to fulfill the contract; and if the worker does not request to continue to fulfill the contract or the contract cannot be continued to be fulfilled, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law. Payment of compensation.
Article 87: Legal Liability for Violation of Termination of Employment Contracts
If an employer violates the provisions of this Law by terminating an employment contract, the employer shall pay compensation to the worker at a rate of two times of the standard of economic compensation as stipulated in Article 47 of this Law.
The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2: Scope of Application
This Law shall be applicable to the following labor disputes between employers and workers within the territory of the People's Republic of China:
(1) Disputes arising from the recognition of the labor relationship;
(2) Disputes arising from the conclusion, fulfillment, alteration, cancellation and (b) Disputes arising from the conclusion, fulfillment, alteration, dissolution and termination of labor contracts;
(c) Disputes arising from removal, dismissal, resignation and separation from service;
(d) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(e) Disputes arising from labor remuneration, medical fees for work-related injuries, economic compensation or indemnity;
(f) Other disputes as stipulated by laws and regulations. (F) Other labor disputes as stipulated by laws and regulations.
Article 5: Basic Procedures for Handling Labor Disputes
In the event of a labor dispute, if the parties concerned are unwilling to negotiate, or if the negotiation fails, or if they fail to perform after reaching a conciliation agreement, they may apply for conciliation to a conciliation organization; if they are unwilling to conciliate, or if they fail to conciliate, or if they fail to perform after reaching a conciliation agreement, they may apply for arbitration to an Arbitration Commission for Labor Disputes; if they are not convinced by the arbitration award, they may file a lawsuit to the People's Court, unless otherwise provided for by the Law. Except as otherwise provided in this Law, a lawsuit may be filed with the People's Court.
C. Does the labor contract need to be on the computer
Signing a labor contract, then the employer must file the labor contract to the labor bureau, with a copy of the labor contract to the social security bureau to buy social security for employees.
D. On the computer work, the state has no labor protection regulations
There is no specific labor protection regulations for the computer industry
Only those who have been listed by the Ministry of Health in the catalog of occupational diseases (//202.99.23.199/page/secondbrw.cbs?ridd=4&order=35&result=c%%, and the number of workers who have been listed in the catalog of occupational diseases is not enough for them. 35&result=c%3A%5Ctemp%5Ctb *** ase%5CD2750AA%2Etmp&page=allindex&f=&field=&transword=++%D6%B0%D2%B5%B2%A1& dkall=1) in order to be treated according to the law on the prevention and control of occupational diseases
At present there seems to be no data to prove the effect of radiation on people and the occupational diseases that may be caused
Only the labor law generally stipulates that the labor safety and hygiene facilities must be in line with the national standards
E. How to take the computer grade certificate of the state labor department
Declaration conditions:
1, computer professionals and technicians:
The labor tools are computer equipment and its systems, the knowledge system for computer expertise. Such as: computer software developers, computer debugging and testing personnel, computer equipment maintenance personnel, computer network managers.
2, computer application operators:
The main tools and equipment are computers and their systems, the main technology is computer application technology. Such as computer information management personnel, computer graphics personnel, computer-aided design personnel, computer typesetting personnel, computer web page production personnel, computer multimedia production personnel.
3, other occupations require the application of computer technology:
the computer as a tool, the application of computer technology to assist in the completion of occupational activities to improve the efficiency and technical content of the person.
Such as agency staff to apply office software and the Internet, accounting staff to apply accounting software, engineers and technicians to apply Auto CAD, graphic designers to apply Photoshop, 3DStudioMAX, CorelDraw and so on.
(5) computer belongs to the labor conditions of the extended reading:
Examination content:
Level 1
Examination of the basic knowledge of microcomputers and the use of office software and the Internet (Inter) basic skills.
Exam Subjects: Level 1 MS Office, Level 1 WPS Office, Level 1 Photoshop Applications, Level 1 New Subject "Cybersecurity Quality Education" - First time in September 2018
p> Level 2
Assesses basic computer knowledge and basic skills in writing programs in a high-level computer language and debugging on the computer.
Examination subjects: Language Programming (C, C++, Java, Visual Basic, Web Programming, new subject "Python Language Programming" - first time in September 2018) , Database Programming (VisualFoxPro has been canceled - December 2017 is its last group exam, Access, MySQL), Advanced Applications for Office Software (MS Office Advanced Applications)
Level 3
divided into "embedded technology", "information security technology", "database technology", "network technology" and Software Testing Technology five subjects. "Information Security Technology" assessment of computer information management application basics and management information system project and office automation system project development, maintenance of basic skills.
"Database Technology" assessment of the basic knowledge of database systems and database application system project development and maintenance of basic functions; "Network Technology" assessment of the basic knowledge of computer networks and computer network application system development and management of the basic skills. Basic skills.
Level 4
Computer four including software test engineers, network engineers, information security engineers, embedded systems development engineers, database engineers, five subjects
Level 4 Network Engineer certificate indicates that the holder has the basic ability to network system planning, design, master small and medium-sized network system set up, the basic technology of equipment configuration and commissioning, master small and medium-sized network system on-site maintenance and management. Small and medium-sized network system on-site maintenance and management of basic technology, can be engaged in computer network planning, design, set up and management of related work.
Level IV Database Engineer certificate indicates that the holder masters the basic theory and technology of database systems, the ability to use SQL language to achieve the establishment, maintenance and management of databases, with the use of tools and software to develop basic database application system capabilities, capable of small and medium-sized database maintenance, management and application development.
Level 4 "Software Test Engineer" certificate indicates that the holder has the basic knowledge of software engineering and software quality assurance, master the basic theory of software testing, methods and techniques, understanding of software testing specifications and standards, familiar with the software testing process.
The ability to develop software testing plans and outlines, design test cases, select and apply testing tools, execute software testing, analyze and evaluate test results, and participate in the management of the software testing process meets the requirements of software testing positions.
F. Computer grade certificate is the Labor Bureau or Personnel Bureau
The national computer grade certificate is issued by the Ministry of Education Examination Center, the computer vocational qualification certificate is the Labor Bureau to do (this certificate can be paid to do)!
G. Computerized attendance counts as evidence
counts as evidence, in the event of a labor dispute, attendance records are the responsibility of the employer to prove, the employer does not provide, should bear the adverse consequences.
According to the Labor Arbitration Law
Article 6 of the Labor Dispute, the parties to their own claims, it is their responsibility to provide evidence. If the evidence related to the disputed matter belongs to the employer's possession and management, the employer shall provide it; if the employer fails to provide it, it shall bear the unfavorable consequences.
According to the Notice on Matters Relating to the Establishment of Labor Relationships
Second, the employer has not signed a labor contract with the worker, and the employer may refer to the following documents when determining the existence of a labor relationship between the two parties:
(a) wage payment vouchers or records (payroll rolls), records of payment of social insurance premiums;
(b) "work certificates" issued to the worker by the employer;
(c) "work certificates" issued to the worker by the employer;
(d) "work certificates" issued to the worker by the employer. (b) Documents issued by the employer to the workers, such as "work permit", "service card", etc., which can prove their identity;
(c) "Registration form" filled out by the workers to recruit workers by the employer, "Application form" and other recruitment records;
(d) Attendance records;
(e) Testimony of other workers.
Among them, the burden of proof for the relevant documents in (i), (iii) and (iv) shall be on the employer.
H. Computer repair is manual labor or intellectual labor
Can not be divided, a lot of things to look at from both sides. There is no absolute physical labor and mental labor. Take the construction site workers as an example, perhaps many people think that they are selling labor, indeed, they are mainly selling labor to earn money, but they are in the construction of the time, but also want to think, how to cover this place is the best. So, most of the work is a combination of mental and physical labor.
I. Does the labor law stipulate that office equipment, such as computers, must be provided by the employer
Employers are supposed to provide workers with conditions that meet the needs of their work. Since the nature of your work requires a computer, the employer should provide one.
J. The company did not provide me with labor conditions, and locked up the computer without my fault, I want to go to arbitration how to do, have to leave the job first
Employers do not arrange jobs for workers, do not pay wages, the employer is the employer to terminate the labor relationship.
The employer dismissed the worker without reason, the worker can apply for labor arbitration to pay compensation, the standard of compensation for each year of work to pay 2 months of wages.
1, go to the local human resources and social security bureau (formerly the labor bureau) within the labor dispute arbitration committee, apply for labor arbitration, filing a case need to bring: 2 copies of the application for arbitration, the applicant's ID card copy 1; copies of the relevant evidence and evidence list 2; the employer's industrial and commercial registration information (Beijing does not need to provide registration information)!
2, after the submission of materials, 5 working days arbitration committee to give the case, and then give both sides of the period of proof, to the other side of the defense period; and then hearing, and then mediation between the two sides, mediation can not be arbitration committee issued a decision; labor arbitration within 60 days of closure; for the decision is not satisfied, the workers can sue the court;
3, you can not ask the local lawyers to represent, please professionals! Provide remote guidance services and write labor arbitration application, list of evidence and other legal documents. And during the application for labor arbitration, there is no delay in the workers to go to the new unit work!
Article 47 of the Labor Contract Law, economic compensation according to the number of years the worker has worked in the unit, every full year to pay one month's salary to the standard payment to the worker. More than six months less than one year, calculated as one year; less than six months, pay half a month's salary economic compensation to the workers.
If the monthly salary of a worker is higher than three times the average monthly salary of the workers in the previous year in the region as announced by the people *** of the municipality directly under the central government or the municipal people *** of the district where the employer is located, the standard of paying economic compensation to him/her shall be paid at the rate of three times the average monthly salary of the workers, and the maximum number of years for which economic compensation shall be paid to him/her shall be not more than twelve years.
The monthly wage referred to in this Article refers to the average wage of the worker in the twelve months prior to the dissolution or termination of the labor contract.
Article 48 If an employer violates the provisions of this Law by terminating or suspending an employment contract, and the worker requests the continuation of the employment contract, the employer shall continue to perform the contract; if the worker does not request the continuation of the employment contract or if the employment contract can no longer be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87: If an employer terminates or suspends a labor contract in violation of the provisions of this Law, the employer shall pay compensation to the worker in accordance with Article 47 of this Law, which stipulates that the compensation shall be two times the standard of economic compensation.