Workers should check whether the labor contract is filed in the labor bureau, and then take the labor contract to the labor bureau for consultation. Generally, if they buy social security, then the labor contract is filed in the labor bureau and the social security bureau. The labor contract can't be found online. The Labor Contract Law does not stipulate that contracts signed by employers and employees must be filed with the Human Resources and Social Security Bureau. Labor contracts are usually agreed by both employers and employees through consultation, and come into effect after being signed or sealed by both employers and employees. The labor contract can only be inquired by the human resources department of the employer or the social security bureau where the employer is located. If an employee terminates the labor contract with the employer, the employer will generally handle the resignation procedures for the employee and stop paying social security. In the event of a labor dispute, the employee can promptly report to the Human Resources and Social Security Bureau where the employer is located to apply for labor arbitration.
A, the labor contract filing process is
The labor contract filing process is divided into four steps: application; Accept; Review; Accept. Each step involves many matters that need special attention. The objects of contract filing are foreign-invested enterprises in this Municipality, branches of foreign-invested enterprises in Oichi and laborers who have formed labor relations with them.
Second, the matters needing attention about the labor contract filing are as follows
According to the requirements of the Notice on Establishing Labor and Employment Filing System (No.46 issued by the Ministry of Labor and Social Security [2006]), the Ministry of Labor and Social Security decided to establish a national centralized labor and employment filing information system, support all localities to handle labor and employment filing business, and establish a national labor and employment database. In the first half of 2008, the system was applied in some areas of Jilin Province. The employment filing management information system is an Internet-based, cross-regional and nationwide centralized employment filing management information system platform, which mainly manages the filing of employees who have signed labor contracts in enterprises and institutions at all levels, and provides online filing service for employers and online inquiry service for workers by combining online filing and direct filing. It provides basic data support for the labor and social security department to collect the national labor and employment record information comprehensively, in detail and in real time, grasp the dynamic situation of labor and employment and labor contract signing of various employers, and strengthen the management of labor and employment record and macro-decision. The labor and social security departments can use this system to complete new labor registration, labor contract renewal, termination, dissolution and other labor employment filing business.
Filing the labor contract is a very important step to make the labor contract have formal legal effect. The unit sends employees to the local labor bureau for filing, and generally sends personnel commissioners or employees familiar with labor relations to take charge. It should be noted that the filing process in different regions is not completely consistent. It is recommended to consult the local labor bureau before filing to understand the local process and avoid wasting time.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 73
The labor administrative department of the State Council is responsible for the supervision and management of the implementation of the national labor contract system. The labor administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of the implementation of the labor contract system within their respective administrative areas. The labor administrative department of the people's government at or above the county level shall listen to the opinions of trade unions, business representatives and relevant industry departments when implementing supervision and management of the labor contract system.