6 Kinds Of Contract Traps Have To Be Protected.
A legitimate and standard labor contract is an important basis for ensuring the legitimate interests of job seekers. However, there are more and more fraud cases concerning labor contracts. Therefore, job seekers should have more eyes when looking for work, and be careful of traps in contracts so as not to be deceived.
The reporter interviewed Zhang Shaowei, director of the center for the rights and interests of the Municipal Federation of trade unions, and summed up 6 common contract traps.
1, unilateral
contract
The contract is "decided by Party A" and "in accordance with the relevant provisions of party a" and so on.
Zhang Shaowei reminded that workers should be careful to sign contracts in the face of such contracts.
2. Deposit agreement
The employer collages guaranty money, mortgage and so on by various names when recruiting workers. If the worker leaves the contract period, the money will be regarded as liquidated damages and not refunded.
"According to the relevant laws, no deposit should be charged when signing a contract. If this happens, the worker can report it to the labor supervision department."
Zhang Shaowei said.
3.
Behind the scenes contract
"The so-called" behind the curtain contract "means that some private enterprises do not negotiate with the labourers at all and do not explain the contents of the contract to the workers when they make a labor contract."
Zhang Shaowei said that if a laborer entered into such a contract and infringed his legitimate rights and interests, he could apply to the local labor arbitration agency to decide that the contract was invalid.
4. Life contract
"Now there are more and more" life contracts "in some factories or construction sites.
When signing contracts with laborers, they do not provide labor protection in accordance with the relevant provisions of the labor law, and also put forward "industrial injury and their own responsibility" and other provisions.
Zhang Shaowei said, if workers encounter such contracts, they must not sign, do not take their lives as a play.
5.
Contract of contract
In order to prevent frequent flow of personnel and protect company's business secrets, some employers have explicitly proposed in the labor contract such terms as "no job hopping in 3 years to work in the same industry", and are threatening to hold workers' personnel files.
Zhang Shaowei said that according to the relevant regulations, workers who are not involved in trade secrets shall not be subject to such contracts.
6. Backup contract
It is understood that some employers in order to evade the inspection of human and social departments, privately prepared 2 contracts, one of which was signed in full in accordance with the requirements of the relevant departments, but not according to its execution.
In response to such circumstances, Zhang Shaowei gave the workers a way: "workers must collect copies of the contracts signed by themselves, and if there are problems, they can be used as an important basis for litigation."
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In recent years, with the popularity of automobile consumption, there are more and more disputes in automobile sales and service. Most of these disputes are focused on service fees, decoration fees and commitments.
Some consumers do not read the contract money seriously when signing a contract for car service with the service company, which leads to their own rights and interests being infringed.
In October 2016, the 12315 center of the Huairou industrial and commercial sub Bureau received a complaint from consumers, saying that a car sales and Service Co., Ltd. of Huairou promised to help it buy a brand family car under the market price of more than 10 thousand yuan, and the two sides signed the contract for car purchase service.
As a result, when the two sides pick up a car at a 4S store, the company tells consumers that they need to pay 24000 yuan to purchase vehicle service fees before they can handle the pfer procedures.
The two sides could not reach an agreement, so consumers complained to the industry and Commerce Department.
After investigation and verification, the two sides signed the "contract for car purchase service", besides stipulating the price of car purchase, it also stipulated the terms of car purchase service charge.
Consumers contacted through the network, faced with the "lengthy" contract for car purchase, the consumer only paid attention to the key provisions of the staff introduction, and other articles did not rush to sign without careful verification, nor did they retain any evidence of any staff commitment.
In the end, the law enforcement officers of the Huairou branch of the industry and Commerce Bureau instruct the company's failure to fulfill the obligation to inform the contract clauses in the process of signing the contract, and the consumers pfer the 1000 yuan fee to handle the pfer procedures.
With the boom of the car market, some auto Sales Service Co promise to buy vehicles or return to the oil card and send the interior decoration to attract customers to buy services. They are required to pay for the car service fees, "consideration fees", decoration fees and other names to set up the "contract trap". The contract stipulate the price, service charge, deposit penalty and so on. If consumers do not read the terms of the contract carefully, they sign the contract, and it is difficult to safeguard their rights and interests after problems arise.
Huairou branch of industry and Commerce reminds consumers that they should buy their cars at regular car dealers or 4S stores, so that they can fully guarantee their own rights and interests. Two, we should pay more attention to, ask more questions, study more, and compare more, especially those novice buying cars. We should understand the purchase price and all kinds of information from various sources, and select the regular automobile sales companies with complete license. Three, we should carefully read the contracts provided by the sellers, specially examine whether the price is agreed, whether there is decoration cost or other upgrades fees, and whether there are severe breach clauses.
When signing a contract, it is necessary to clearly list the items, models and so on, so as to prevent the automobile from being recognized after the dealership. Four, we should pay attention to the retention of evidence, and the seller's promise is best recognized in the form of contract, so as to protect their rights and interests from infringement.
For more information, please pay attention to the world clothing shoes and hats and Internet cafes.
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