According to the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the Bidding Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC), this interpretation is formulated on the application of law in the trial of construction contract disputes.
Article 1 In case of any of the following circumstances, a construction contract of a building project shall be deemed invalid in accordance with the provisions of Item (5) of Article 52 of the Contract Law:
1. The contractor fails to obtain the qualification of a construction enterprise or exceeds the qualification level;
The unqualified actual constructor borrows the name of a qualified construction enterprise;
(three) the construction project that must be tendered has not been tendered or the tender is invalid.
Article 2 If the construction contract of a construction project is invalid, but the construction project has passed the completion acceptance, and the contractor requests to pay the project price according to the contract, it shall be supported.
Article 3 If the construction contract of a construction project is invalid and the construction project fails to pass the completion acceptance, it shall be handled according to the following circumstances:
(a) after the completion of the repaired construction project, if the employer requests the contractor to bear the repair cost, it shall be supported;
(2) If the completed acceptance of the repaired construction project is unqualified, and the contractor requests to pay the project price, it will not be supported.
If the quality of the construction project is not up to standard, causing losses, and the employer is at fault, it shall also bear corresponding civil liabilities.
Article 4 The contractor's illegal subcontracting, illegal subcontracting of construction projects or unqualified actual constructors' signing of construction contracts with others in the name of qualified construction enterprises is invalid. The people's court may confiscate the illegal income of the parties concerned in accordance with the provisions of Article 134 of the General Principles of the Civil Law.
Article 5 A contractor shall sign a construction contract for a construction project beyond the business scope permitted by the qualification grade, and obtain the corresponding qualification grade before the completion of the construction project. If the parties request that it be treated as an invalid contract, it shall not be supported.
Article 6 Where the parties have agreed on the advance payment and interest on the advance payment, and the contractor requests to return the advance payment and interest according to the agreement, it shall be supported, except that the agreed interest calculation standard is higher than the interest rate of similar loans published by the People's Bank of China in the same period.
If the parties have no agreement on the advance payment, it shall be treated as the project arrears.
If the parties have no agreement on the interest of the advance payment, and the contractor requests to pay the interest, it will not be supported.
Article 7 A labor subcontracting contract signed between a contractor with legal labor operation qualification and the general contractor or subcontractor shall not be supported if the parties request to confirm that the subcontracted construction project is invalid on the grounds that it violates the legal provisions.
Article 8 If a contractor is under any of the following circumstances, and the Employer requests to terminate the construction contract of the construction project, it shall be supported:
(a) express or through behavior that the main obligations of the contract have not been fulfilled;
(two) overdue completion of the contract, urged by the employer within a reasonable period of time has not been completed;
(three) the quality of the completed construction project is unqualified and refuses to repair it;
(four) illegal subcontracting or illegal subcontracting of construction projects.
Article 9 Where the Employer has one of the following circumstances, which makes it impossible for the contractor to carry out the construction, and the contractor still fails to perform the corresponding obligations within a reasonable period of time, and the contractor requests to terminate the construction contract of the construction project, it shall be supported:
(1) Failing to pay the project price as agreed;
(two) the main building materials, building components and equipment provided do not meet the mandatory standards;
Failure to perform the obligation of assistance stipulated in the contract.
Article 10 If the quality of the completed construction project is qualified after the termination of the construction contract, the employer shall pay the corresponding project price as agreed; If the completion quality of the construction project is unqualified, it shall be handled with reference to the provisions of Article 3 of this Interpretation.
If the contract is terminated due to one party's breach of contract, the breaching party shall compensate the other party for the losses caused thereby.
Article 11 If the quality of the construction project is not in conformity with the contract due to the fault of the contractor, the contractor refuses to repair, rework or rebuild, and the employer requests to reduce the payment of the project price, it shall be supported.
Article 12 In any of the following circumstances, resulting in quality defects of the construction project, the employer shall bear the fault liability:
The design provided by (1) is defective;
(two) the building materials, building components and equipment provided or designated for procurement do not meet the mandatory standards;
(three) directly appoint subcontractors to subcontract professional projects.
If the contractor is at fault, it shall also bear the corresponding fault liability.
Thirteenth construction projects have not been completed and accepted, and after the employer uses them without authorization, it will not be supported because the quality of the parts used is not in conformity with the agreement; However, the contractor shall bear civil liability for the quality of the basic project and the main structure within the reasonable service life of the construction project.
Fourteenth parties to the actual completion date of the construction project dispute, according to the following circumstances:
(1) If the construction project has passed the completion acceptance, the completion acceptance date shall be the completion date;
(two) the contractor has submitted the completion acceptance report, and the employer delays the acceptance, and the date when the contractor submits the acceptance report is the completion date;
(three) the construction project has not been completed and accepted, and the employer uses it without authorization, and the date of transfer of possession of the construction project is the completion date.
Fifteenth before the completion of a construction project, the parties have disputes about the quality of the project, and if the quality of the project is qualified through appraisal, the appraisal period will be extended.
Article 16 If the parties have an agreement on the pricing standard or method of a construction project, the project price shall be settled according to the agreement.
If the engineering quantity or quality standard of a construction project changes due to design changes, and the parties cannot reach an agreement on the part of the project price through consultation, the project price can be settled by referring to the pricing method or pricing standard issued by the local construction administrative department when signing the construction contract of the construction project.
The construction contract of the construction project is valid, but the construction project fails to pass the completion acceptance, and the settlement of the project price shall be handled with reference to the provisions of Article 3 of this Interpretation.
Seventeenth parties to the unpaid project interest payment standards have agreed, in accordance with the agreement; If there is no agreement, the interest shall be calculated according to the interest rate of similar loans published by the People's Bank of China in the same period.
Article 18 Interest shall be paid from the date when the project funds are payable. If the parties have not agreed on the payment time or the agreement is unclear, the following time shall be regarded as the payment time:
(1) If the construction project has been actually delivered, the delivery date;
(two) the construction project is not delivered, as of the date of submission of the completion settlement documents;
(3) If the construction project has not been delivered and the project price has not been settled, the date when the parties bring a lawsuit.
Nineteenth parties to the dispute about the quantity, according to the visa and other written documents formed in the construction process for confirmation. If the contractor can prove that the employer agrees to its construction, but fails to provide visa documents to prove the occurrence of the engineering quantity, it can confirm the actual engineering quantity according to other evidence provided by the parties.
Article 20 If the parties agree that the Employer fails to reply within the agreed time limit after receiving the completion settlement documents, it shall be deemed as the approval of the completion settlement documents and shall be handled according to the agreement. The contractor's request to settle the project price according to the completion settlement document shall be supported.
Twenty-first parties to the same construction project separately signed a construction project construction contract and the record of the bid-winning contract is inconsistent with the substantive content, it should be based on the record of the bid-winning contract as the basis for the settlement of the project price.
Twenty-second parties agreed to settle the project price at a fixed price, and if one party requests an appraisal of the construction project cost, it will not be supported.
Article 23 If a party disputes some facts of a case, it can only appraise the disputed facts unless the scope of the disputed facts cannot be determined or both parties require appraisal of all the facts.
Article 24 The place of performance of a contract is the place of performance.
Twenty-fifth construction project quality disputes, the developer can be the general contractor, subcontractor, the actual construction of people to bring a lawsuit against the defendant.
Article 26 If the actual constructor sues a subcontractor or an illegal subcontractor as the defendant, the people's court shall accept it according to law.
If the actual contractor claims rights with the employer as the defendant, the people's court may add a subcontractor or an illegal subcontractor as a party to the case. The Employer is only liable to the actual constructor within the unpaid project price.
Article 27 If the guarantor fails to fulfill the warranty obligations in time, causing damage to the building or personal or property, the guarantor shall be liable for compensation.
If the guarantor and the owner or user of the building are at fault for the damage to the building, they shall bear corresponding responsibilities.
Article 28 This Interpretation shall come into force on 1 month 1 day, 2005.
This interpretation applies to cases of first instance accepted after implementation.
If the judicial interpretation issued before the implementation of the Supreme People's Court conflicts with this interpretation, this interpretation shall prevail.
The concept of contractor in contract law
Chapter XVI Construction Project Contract
Article 269 A construction project contract is a contract in which the contractor carries out the project construction and the developer pays the price.
Construction engineering contracts include engineering survey, design and construction contracts.
Article 270 A construction project contract shall be in written form.
Article 271 Bidding activities for construction projects shall be conducted in an open, fair and just manner in accordance with the provisions of relevant laws.
Article 272 The developer may conclude a construction project contract with the general contractor, or conclude a survey, design and construction contract with the surveyor, designer and constructor respectively. The employer shall not dismember a construction project that should be completed by one contractor into several parts and contract it to several contractors.
The general contractor or the contractor for survey, design and construction may, with the consent of the employer, entrust part of its contracted projects to a third party. The third party shall be jointly and severally liable to the Employer with the general contractor or the survey, design and construction contractor for the work results it has completed. The contractor shall not subcontract all the construction projects contracted by him to a third party or dismember all the construction projects contracted by him and subcontract them to a third party in the name of subcontracting.
It is forbidden for the contractor to subcontract the project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting contracted projects. The construction of the main structure of the building project must be completed by the contractor himself.
Article 273 A major state construction project contract shall be concluded in accordance with the procedures prescribed by the state and the investment plan, feasibility study report and other documents approved by the state.
Article 274 The contents of a survey and design contract include terms such as the time limit for submission of relevant basic data and documents (including budgetary estimate), quality requirements, fees and other cooperation conditions.
Article 275 The contents of a construction contract include the scope of the project, the construction period, the starting and ending time of the intermediate project, the quality of the project, the project cost, the delivery time of technical data, the responsibility for the supply of materials and equipment, the allocation and settlement, the completion acceptance, the scope and duration of the quality warranty, and the mutual cooperation between the two parties.
Article 276 Where supervision is carried out on a construction project, the employer shall conclude an entrusted supervision contract with the supervisor in writing. The rights, obligations and legal responsibilities of the employer and the supervisor shall be in accordance with the provisions of the entrustment contract of this Law and other relevant laws and administrative regulations.
Article 277 The developer may check the progress and quality of the work at any time, but it shall not interfere with the normal work of the contractor.
Article 278 Before a concealed project is concealed, the contractor shall notify the employer to inspect it. If the Employer fails to check in time, the Contractor may postpone the project date, and has the right to claim compensation for losses such as shutdown and slowdown.
Article 279 After the completion of a construction project, the developer shall make timely acceptance in accordance with the construction drawings and specifications, construction acceptance specifications and quality inspection standards issued by the state. After the acceptance, the employer shall pay the price as agreed and take over the construction project. Only after the construction project is completed and accepted can it be delivered for use; Without acceptance or unqualified acceptance, it shall not be delivered for use.
Article 280 Where the survey and design quality does not meet the requirements, or the survey and design documents are not submitted in time to delay the construction period, thus causing losses to the employer, the survey and design personnel shall continue to improve the survey and design, reduce or waive the survey and design fees, and compensate for the losses.
Article 281 Where the quality of a construction project is not in conformity with the contract due to the builder's reasons, the developer has the right to require the builder to repair, rework or rebuild it free of charge within a reasonable period of time. If the delivery is overdue after repair, rework or reconstruction, the builder shall bear the liability for breach of contract.
Article 282 If the construction project causes personal injury or property loss within the reasonable use period due to the contractor's reasons, the contractor shall be liable for damages.
Article 283 Where the developer fails to provide raw materials, equipment, site, funds and technical data in accordance with the agreed time and requirements, the contractor may postpone the project date and have the right to claim compensation for losses such as work stoppage and slowdown.
Article 284 Where the construction of the project is stopped or postponed due to the employer's reasons, the employer shall take measures to make up for or reduce the losses, and compensate the contractor for the losses and actual expenses caused by the stoppage, slowdown, transshipment, relocation of machinery and equipment, and backlog of materials and components.
Article 285 If the survey and design is reworked, stopped or changed due to the employer's change of plan, inaccurate information provided or failure to provide necessary survey and design working conditions within the time limit, the employer shall increase the expenses according to the actual workload consumed by the surveyor and designer.
Article 286 Where the developer fails to pay the price as agreed, the contractor may require the developer to pay the price within a reasonable time. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the project or apply to the people's court for auction according to law, except that it is not appropriate to discount or auction the project according to the nature of the construction project. Priority should be given to compensation for the discount or auction price of construction projects.
Article 287 Where there are no provisions in this chapter, the relevant provisions of the contract shall apply.
I think if you and the contractor have no legal significance in the contractual relationship, you can start with the labor relationship.
Notice on matters related to the establishment of labor relations
The labor and social security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government:
Recently, some localities have reported that some employers do not sign labor contracts, so it is difficult to determine the labor relationship between the two parties in the event of labor disputes, and it is difficult to safeguard the legitimate rights and interests of workers, which has a negative impact on the harmony and stability of labor relations. In order to regulate the employment behavior of employers, protect the legitimate rights and interests of workers and promote social stability, the relevant matters concerning the establishment of labor relations between employers and workers are hereby notified as follows:
1. The employer has not signed a written labor contract, but in any of the following circumstances, the labor relationship is established.
(a) the employer and the employee meet the subject qualifications stipulated by laws and regulations;
(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply;
(3) The labor provided by laborers is an integral part of the employer's business.
Two, the employer has not signed a labor contract with the employee, in determining the existence of labor relations between the two sides, you can refer to the following documents:
(a) payment vouchers or records (payroll), the payment of various social insurance premiums;
(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;
(3) Employment records such as Registration Form and Application Form filled out by employees;
(4) attendance records;
(5) Testimonies of other workers, etc.
Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.
Three, the employer employs workers who meet the requirements of Article 1, the employer shall sign a labor contract with the employee, and the term of the labor contract shall be determined by both parties through consultation. If negotiation fails, either party may propose to terminate the labor relationship. However, if the laborer meets the conditions for signing an open-ended labor contract, the employer shall conclude it.
If the employer proposes to terminate the labor relationship, it shall pay the economic compensation of one month's salary according to the employee's working years in the unit.
Four, construction, mining enterprises and other employers will project (business) or the right to operate the contract to organizations or natural persons who do not have the qualifications of the main body of employment, the employer with the qualifications of the main body of employment shall bear the main responsibility of employment.
Five, when there is a dispute between the employee and the employer on the existing labor relations, they may apply to the competent labor dispute arbitration committee for arbitration.
Ministry of Labor and Social Security (China)
May 25(th), 2005
Interim provisions on wage payment
Article 1 These Provisions are formulated in accordance with the relevant provisions of the Labor Law of People's Republic of China (PRC) in order to guarantee the rights of laborers to get remuneration through labor and standardize the wage payment behavior of employers.
Article 2 These Provisions shall apply to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC).
State organs, institutions, social organizations and workers who have established labor contract relations with them shall be implemented in accordance with these provisions.
Article 3 The term "wages" as mentioned in these Provisions refers to the wages paid by the employer to the laborers in various forms according to the stipulations of the labor contract.
Article 4 Wage payment mainly includes: wage payment items, wage payment levels, wage payment forms, wage payment targets, wage payment time and wage payment under special circumstances.
Article 5 Wages shall be paid in legal tender. Payment shall not be made in kind or negotiable securities instead of money.
Article 6 The employing unit shall pay wages to the workers themselves. If a laborer is unable to receive wages for some reason, his relatives or others may entrust him to receive them.
The employer may entrust the bank to pay wages.
The employer must record in writing the amount and time of employees' salary collection, the name and signature of the recipient, and keep it for more than two years for future reference. When paying wages, the employer shall provide the laborer with a list of his personal wages.
Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
Article 8 The employing unit shall pay wages to laborers who have completed one-time temporary labor or specific work agreed in relevant agreements and contracts.
Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.
Article 10 During the period when laborers participate in social activities according to law within the legal working hours, the employing unit shall pay wages according to the normal labor provided. Social activities include: exercising the right to vote and stand for election according to law; Elected representatives attend meetings held by governments, parties, trade unions, the Communist Youth League, women's federations and other organizations at or above the township (town) level; As a witness of the people's court; Attend the meeting of model workers and advanced workers; Production or working time occupied by members of full-time trade union grass-roots committees due to their work activities as stipulated in the Trade Union Law; Other social activities carried out according to law.
Article 11 During the period when employees enjoy annual leave, family leave, marriage leave and funeral leave according to law, the employer shall pay the employees' wages according to the standards agreed in the labor contract.
Article 12 If the unit stops production or stops production within a salary payment period due to reasons other than the employee, the employer shall pay the employee's salary according to the standards agreed in the labor contract. If the wage payment period exceeds one period, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Article 13 If the employing unit arranges the laborers to work outside the legal standard working hours according to the actual needs after the laborers have completed the labor quota or the specified work tasks, the wages shall be paid according to the following standards:
(1) If the employing unit arranges the working hours of the workers in accordance with the law to exceed the Japanese legal standard working hours, it shall pay the wages of the workers not less than 150% of the hourly wage standard agreed in the labor contract;
(2) If the employing unit arranges the laborers to work on rest days according to law, but cannot arrange compensatory time off, it shall pay the laborers no less than 200% of the laborers' daily or hourly wages agreed in the labor contract;
(3) If the employing unit arranges the laborers to work on legal holidays according to law, it shall pay the laborers not less than 300% of the daily or hourly wages agreed in the labor contract.
Workers who implement piece-rate wages shall, after completing the task of piece-rate quota, be paid by the employing unit according to the above principles, respectively, according to 150%, 200% and 300% of the piece-rate price of their statutory working hours.
If the comprehensive working hours system is implemented with the approval of the labor administrative department, the part where the comprehensive working hours exceed the legal standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers according to these regulations.
Laborers who practice irregular working hours do not implement the above provisions.
Article 14 When an employer goes bankrupt according to law, workers have the right to receive wages. At the time of bankruptcy liquidation, the employing unit shall pay the wages owed to the employees in advance in accordance with the liquidation order stipulated in the Enterprise Bankruptcy Law of the People's Republic of China.
Article 15 The employing unit shall not deduct the wages of workers. Under any of the following circumstances, the employer may withhold the wages of the workers:
(1) Personal income tax withheld and remitted by the employer;
(two) social insurance premiums withheld by the employer and borne by the individual workers;
(3) The alimony and maintenance expenses required to be withheld by the court's judgment or ruling;
(four) other expenses that can be deducted from the wages of workers as stipulated by laws and regulations.
Article 16 If an employee causes economic losses to the employing unit due to his own reasons, the employing unit may demand compensation for the economic losses according to the stipulations of the labor contract. Compensation for economic losses can be deducted from the employee's own salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the deducted surplus wage is lower than the local monthly minimum wage, it shall be paid according to the minimum wage.
Article 17 The employing unit shall, in accordance with these Provisions, formulate an internal wage payment system through the staff and workers' congress, the staff and workers' congress or other forms of consultation, inform all the staff and workers of the unit, and send a copy to the local labor administrative department for the record.
Eighteenth labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.
Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Article 20 These Provisions shall be implemented as of 1995 1 month 1 day.
Supplementary Provisions on the Interim Provisions on Wage Payment
Ministry of Labor and Social Security (China)
March 2000 17
Supplementary Provisions on Issues Related to the Interim Provisions on Wage Payment
According to the principles defined in the Interim Provisions on Wage Payment (No.489 issued by the Ministry of Labor [1994]) (hereinafter referred to as the "Regulations"), the following supplementary provisions are made on relevant issues:
1. The term "in accordance with the standards agreed in the labor contract" as mentioned in Articles 11, 12 and 13 of the Regulations refers to the wage standard corresponding to the position (post) of the laborer as agreed in the labor contract. Because the labor contract system is still in the process of promotion, it is indeed difficult to implement it according to the above provisions. The local or industrial labor administrative department may formulate transitional measures on the basis of not violating the general principles determined by the Regulations. ?
Second, about the payment of overtime wages?
1. The wages that should be paid for extending working hours and arranging rest days and legal holidays outside the system working hours, which meet the statutory standards stipulated in Items (1), (2) and (3) of Article 13 of the Regulations, are labor remuneration paid according to the overtime workload and a certain multiple of the wage standard for normal working hours determined in the labor contract. That is to say, if the laborer is arranged to extend his working hours on legal working days or work on rest days, but he can't make up for the rest, he shall pay no less than the hourly or daily wage standard 150% and 200% agreed in the labor contract; Those who arrange work on statutory holidays shall pay extra wages not less than 300% of the hourly or daily wage standard agreed in the labor contract. ?
2. About the conversion of workers' daily wages. Because labor standards such as labor quota are related to the working hours of the system, the daily wages of workers can be converted by dividing the monthly wages of workers by the working days of the system every month. ?
According to national regulations, employees work 8 hours a day, 40 hours a week, and the monthly working time is 2 1.5 days. Considering that the state allows enterprises with difficulties in implementing the 40-hour work week system to be postponed to 1 May 19971day at the latest, during the transition period, the daily wages of enterprises implementing the 44-hour work week system can still be converted into monthly working days.
Third, the "deduction" mentioned in Article 15 of the Regulations means that the employer deducts the wages due to the workers without justifiable reasons (that is, the employer shall pay all the labor remuneration to the workers according to the standards agreed in the labor contract on the premise that the workers have provided normal labor). Excluding the following wage reductions:
(1) is clearly stipulated by national laws and regulations;
(2) clearly stipulated in the labor contract signed according to law;
(3) It is clearly stipulated in the factory rules and regulations formulated by the employer according to law and adopted by the workers' congress;
(4) The total wages of enterprises are linked to economic benefits, and when economic benefits go down, wages must go down (but the wages paid to workers shall not be lower than the local minimum wage standard);
(5) Wage reduction due to employee's personal leave and other reasons. ?
Four, the "Regulations" referred to in article eighteenth "without justifiable reasons" refers to the employer fails to pay the wages of workers beyond the prescribed time without justifiable reasons. Excluding:
(1) The employer is unable to pay wages on time due to natural disasters, wars and other force majeure reasons;
(two) the employer may suspend the payment of wages to workers after obtaining the consent of the trade union because of the difficulties in production and operation and the impact of capital turnover. The longest extension period can be determined by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government according to local conditions. In other cases, wage arrears are unreasonable.
Five, about the payment of wages for special personnel?
1. Salary payment for employees after being punished:
(1) If the employee is still working in the original unit after administrative punishment (such as probation, demotion, etc.). ) or re-employment after criminal punishment, mainly decided by the employer according to the specific situation;
(2) During the period of criminal punishment such as detention review, detention (detention), probation, execution outside prison and reeducation through labor, the treatment shall be implemented in accordance with relevant state regulations. ?
2. The wages and benefits of apprentices, skilled workers and college graduates during the apprenticeship, skilled period, probation period and after graduation shall be determined by the employer independently. ?
3. The wages and benefits of newly employed retired soldiers shall be determined by the employing unit independently; The wages and benefits allocated by enterprises to demobilized military cadres shall be implemented in accordance with the relevant provisions of the state.
Provisions on wage payment in the province where it is located
It's best to go to labor arbitration instead of labor inspection, or to sue if it fails. This will save time. (Personal experience, you can refer to it)
Due to the rush of time, relevant laws and regulations could not be uploaded in time. Please forgive me.