Legal Analysis
The enterprise has signed two labor contracts. If there is a stipulation in the labor contract or the rules and regulations of the employer, the employees of this unit shall not get part-time jobs in other units. , then the employee cannot do part-time work, otherwise the unit that signed the labor contract can hold the employee accountable. For damage caused by the unit's labor contract, the employee and the part-time unit can be required to pay equal compensation. If there is a stipulation in the labor contract or the employer's rules and regulations stipulate that employees of this unit cannot work part-time in other units, then the employee cannot work part-time. Otherwise, the unit that signed the labor contract can hold the employee accountable, and the losses caused to the employee can be Demand the same compensation from workers and part-time units****. However, the "Labor Law" also stipulates that if a part-time job causes actual losses to the unit that signed the labor contract, the employee and the part-time worker shall bear joint liability for compensation. Workers engaged in part-time employment may enter into labor contracts with one or more employers. However, a labor contract signed later will not affect the performance of a labor contract signed earlier. Therefore, it is allowed for workers to sign two labor contracts at the same time. It depends on the nature of the work. Workers need to pay more attention to relevant laws and regulations to protect their legitimate rights and interests.
Legal Basis
The "*** of the People's Republic of China" and the national "Labor Contract Law" Article 39 If an employee has any of the following circumstances, the employer may terminate the labor Contract: (1) Proved not to meet the employment conditions during the probation period; (2) Serious violation of the employer's rules and regulations; (3) Serious dereliction of duty. (Severe dereliction of duty, malpractice for personal gain, causing significant damage to the employer; (4) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes ; (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal liability in accordance with the law.