Executed on January 1, 2008 " labor contract law " the law that is rights and interests of worker of a sufficient safeguard, solution is in besides broad laborer a lot of trouble back at home when signing a contract, worker rights and interests added a safeguard from now on.
However, have one part worker however free at " labor contract law " " umbrella " besides, cannot enjoy due law to protect. Concerned expert points out, because accept the restriction that protects range, 4 kinds of personnel such as salesman of the baby-sitter of service of the employee that uses worker worker illegally, family, insurance and free profession person do not suffer " labor contract law " protection.
About explanation of labor law expert, " labor contract law " those who adjust is working relationship, and working relationship is management and the concern that are run, it is laborer be engaged in below the management of unit of choose and employ persons paid labor, mutual make the right and compulsory impact. These 4 kinds of personnel do not accord with the requirement that labor concerns and definition apparently, accordingly, do not suffer at present " labor contract law " protection.
The expert also emphasizes, although these 4 kinds of people do not suffer " labor contract law " protection, but these 4 kinds of personnel and working unit or family those who form is economic impact, once they wait with working unit and family produce issue, it is to be able to pass civil suit to solve commonly.
" labor contract law " had executed 3 weeks, don't these 4 kinds suffer at present " labor contract law " does protective laborer have to this why to experience? The author approachs they, listen to their aspirations.
Zhang Yan: The free contributor of column of legal system of Beijing some magazine
[legal expert explains] : Because the job of free profession person emphasizes finishing job, and not leader and by the leader, direct and be concerned by commanding, accordingly they do not suffer " labor contract law " protection.
Free contributor Zhang Yan belongs free profession person apparently. "Like us actually this is planted free profession person, friction unit signs a contract, like me every week can give magazine company write plan, write a few, write how many word, decided I take how many money, also can draw illustration to magazine company now and then, author's remuneration can calculate additionally " , zhang Yan tells the author to say.
Does her right have safeguard? Zhang Yan laugh laughs say: "Actually I feel quite footloose, do not have a contract manacle. I now besides secure this magazine to write plan besides, also can give other newspaper magazine contribute, I feel such working status has been held out, the contribution fee that institute of a month earns is quite rich and generous also, still need not stay in the office everyday, quite good. Quite good..
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