(1) The right to hire workers. Mainly have the right to choose the best according to the provisions of the state and the needs of the unit, and can decide the recruitment time, conditions, quantity and employment form independently.
(2) the right of labor organization. Mainly have the right to determine the institutional setup, staffing and post (post) qualifications according to state regulations and actual needs; Have the right to appoint, remove and employ management personnel and technical personnel, conduct internal deployment and labor combination for employees, and conduct command and supervision over employees' labor.
(3) the right to distribute labor remuneration. Mainly have the right to determine the wage distribution method according to state regulations, and independently decide the conditions and time for promotion, salary increase, demotion and salary reduction.
(4) the right of labor discipline. Mainly have the right to formulate and implement labor discipline; Have the right to decide rewards and punishments for employees.
(5) the right to determine the existence of labor legal relations. Mainly have the right to sign agreements, renew, change, suspend or terminate labor contracts with employees; Have the right to unilaterally terminate the labor contract under legal or agreed conditions.
2, the employer's obligations to workers mainly include:
(1) Obligation to pay labor remuneration.
(2) the obligation to protect employees.
(3) the obligation to help employees.
(4) the obligation to use employees reasonably.
(5) the obligation to train employees.
6. Must fulfill the obligations of labor laws, policies and standards.
All landowners accept the guidance of the national labor plan, and obey the obligations of management and supervision of the labor administrative department and other relevant state organs.
What are the provisions of the Social Insurance Law on the rights and obligations of employers? After paying social security for 15 years, you can enjoy pension benefits. It doesn't matter if the social security is not paid, as long as it is paid for 15 years.
Social insurance law
Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
Article 85 Where an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).
Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.
Article 87 Where social insurance agencies, medical institutions, pharmaceutical trading entities and other social insurance service institutions defraud social insurance fund expenditures by means of fraud or forgery of certification materials, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times but less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law.
Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded.
Eighty-ninth social insurance agencies and their staff have one of the following acts, and the social insurance administrative department shall order them to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(1) Failing to perform the statutory duties of social insurance;
(2) Failing to deposit the social insurance fund into the special financial account;
(3) Deducting or refusing to pay social insurance benefits on time;
(four) lost or tampered with the payment records, enjoy social insurance benefits and other social insurance information, personal rights records;
(five) other acts in violation of social insurance laws and regulations.
Article 90 Where a social insurance premium collection agency arbitrarily changes the base and rate of social insurance premium payment, resulting in underpayment or overpayment of social insurance premium, the relevant administrative department shall order it to recover the social insurance premium that should be paid or refund the social insurance premium that should not be paid; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 91 Whoever, in violation of the provisions of this Law, conceals, transfers, embezzles, misappropriates social insurance funds or illegally invests and operates them shall be ordered by the administrative department of social insurance, the financial department and the auditing organ to recover them; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 92 If the social insurance administrative department and other relevant administrative departments, social insurance agencies, social insurance premium collection agencies and their staff disclose the information of employers and individuals, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused to the employing unit or individual, it shall be liable for compensation.
Article 93 Any state functionary who abuses his power, neglects his duty or engages in malpractices for personal gain in the management and supervision of social insurance shall be punished according to law.
Article 94 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
According to the Social Insurance Law of People's Republic of China (PRC), the employer shall fulfill the obligation to pay social insurance.
The Administrative Regulations on the Declaration and Payment of Social Insurance Premium requires that the employer shall register social insurance for its employees and declare and pay social insurance premiums within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
The social insurance premiums mentioned in the regulations refer to the basic old-age insurance premiums, basic medical insurance premiums, work-related injury insurance premiums, unemployment insurance premiums and maternity insurance premiums paid by employers and their employees according to law.
According to the regulations, the employer shall inform the employees themselves of the details of the payment of social insurance premiums on a monthly basis, inform the employees' congress of the unit every year or announce the payment of social insurance premiums in a prominent position in the unit's residence, and accept the supervision of the employees. The details and changes of the payment declared by the employer on behalf of the employee must be signed by the employee himself and kept by the employer for future reference.
In view of the fact that some employers fail to pay social insurance premiums in full and on time, the regulations are clear. The social insurance agency shall order it to pay within a time limit or make up for it, and impose a late payment fee of 0.5‰ on a daily basis from the date of default; If it fails to pay within the time limit, the administrative department of social insurance shall impose a fine of 1 times and less than 3 times.
What social insurance rights and obligations does the employer enjoy? The employer shall enjoy the following rights:
1. has the right to inquire and check its payment records for free;
2 have the right to request social insurance agencies to provide social insurance consulting and other related services;
3 to participate in the social insurance supervision committee, put forward opinions and suggestions on social insurance work, and implement social supervision;
4. Have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law for acts that infringe upon their own rights and interests and fail to handle social insurance affairs according to law;
5 have the right to report and complain about violations of social insurance laws and regulations.
The rights and obligations of employers in social security and how employees complain about the social insurance system are closely related to the labor contract system. There is a high voice in the society demanding that the labor contract law regulate the social insurance system, so the labor contract law should stipulate the social insurance system. However, considering that the social insurance system is more complicated and needs the overall arrangement of the state, it should be specifically stipulated by the social insurance law, so the labor contract law is only stipulated in principle. Rights and obligations of employers in social security Abstract: The sharing subjects of social insurance premiums are countries, enterprises and individuals. The different combinations of these three subjects have produced many ways of sharing expenses. Even in the same country, different social insurance projects may adopt different insurance cost sharing methods, in which both employers and employees contribute, and * * * bears the ultimate responsibility. What rights does the employer enjoy in social insurance and what obligations should it undertake? Answer: The right that the employer enjoys is: (1) Inquire about the payment record of the employer from the social insurance company; (2) Require social insurance companies to provide policy and legal advisory services; (3) Apply to the Labor Dispute Arbitration Committee of the Development Zone for social insurance dispute arbitration related to the unit, and have the right to apply for reconsideration to the Management Committee of the Development Zone if they are dissatisfied with the administrative punishment decision of the labor administrative department at that time. If a party refuses to accept the arbitration decision or reconsideration decision, it may bring a lawsuit to the development zone court; (4) Put forward opinions and suggestions on the work of social insurance companies. The obligations that the employer should perform are: it must participate in social insurance according to regulations, handle social insurance procedures for employees, and pay social insurance premiums for employees in full and on time. At the same time, bear the responsibility of paying social insurance benefits stipulated by the state and fulfill other obligations stipulated by social insurance laws and regulations. Employees have participated in relevant commercial insurance, can they no longer participate in social insurance? A: Employees must participate in social insurance, because participating in social insurance is an obligation that employees and their employers must fulfill according to social insurance laws and regulations, and employees and their employers must not evade this obligation for any reason. As for commercial insurance, employees can decide whether to pay according to their own economic situation and personal wishes. Under the premise of social insurance, commercial life insurance can be used as a supplement to social insurance to improve the degree of employee protection. How do employees complain about the company's failure to pay social security Abstract: Social security employers should fulfill their obligations: they must participate in social insurance according to regulations, handle social insurance procedures for employees, and pay social insurance premiums for employees on time and in full. At the same time, bear the responsibility of paying social insurance benefits stipulated by the state and fulfill other obligations stipulated by social insurance laws and regulations. If the unit does not pay social security to employees, how can employees complain? Legal advice: I have a dispute with my unit about the issuance of pension. When I reported to the labor inspection department, they sent me to the social security center. It is said that the handling of insurance collection complaints is somewhat different from the past. Why? The lawyer replied: This document has helped 54 people.
What are the rights and obligations of the patentee? What is the significance of stipulating these obligations? The rights and obligations of the patentee stipulated in the patent law. According to China's patent law, the rights of the patentee mainly include: (1) prohibiting others from exploiting and utilizing the patent without their permission. This is the most basic and important right of the patentee, and other rights are derived from it. Specifically, after the patent right for invention and utility model is granted, no unit or individual may, without the permission of the patentee, manufacture, use or sell its patented products for production and business purposes, or use its patented method, use or sell the products directly obtained by this method. After the design patent is granted, no unit or individual may manufacture or sell its patented product for the purpose of production and operation without the permission of the patentee. After the patent right is granted, unless otherwise provided by law, the patentee has the right to prohibit others from importing its patented products or products directly obtained according to its patented methods for production and operation purposes without its permission; (2) The patentee may assign the patent right. License others to exploit their patents and have the right to collect fees; (3) The patentee has the right to indicate the patent mark and patent number on his patented product or the package of the product; (4) The patentee has the right to give up his patent right in writing; (5) If the patentee refuses to accept the decision of the Patent Office to revoke his patent right, he may, within three months from the date of receipt of the notice, request the reexamination board for reexamination. If the invention patentee refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within three months from the date of receiving the notice; (6) If the patentee refuses to accept the decision of the Patent Reexamination Board to declare the invention patent right invalid, he may bring a lawsuit to the people's court within three months from the date of receiving the notice; (7) The latter patentee of interdependent patent rights may apply to the Patent Office for a compulsory license to exploit the former invention or utility model; Where a compulsory license is granted to the patentee before exploitation, the former patentee may also apply to the Patent Office for a compulsory license to exploit the latter invention or utility model. (8) If the patentee refuses to accept the decision of the Patent Office to implement the compulsory license or the ruling of the exploitation fee for the compulsory license, he may bring a lawsuit to the people's court within three months from the date of receiving the notice; (9) The patentee may, without the permission of the patentee, request the patent administration organ to handle the patent infringement, or bring a suit in a people's court. The obligations of the patentee mainly include: (1) The patentee has the obligation to implement or fully implement his patent. Without justifiable reasons, the patentee shall implement or fully implement his patent four years before the date of filing the patent application, or three years before the date of granting the patent right, whichever expires later; (2) For compulsory license, except that the patentee refuses to accept the decision of the Patent Office on compulsory license or the ruling on the royalty for compulsory license, and brings a lawsuit to the people's court within three months from the date of receiving the notice, the patentee has the obligation to cooperate with the Patent Office and the unit or individual applying for compulsory license to exploit its patent; (3) If the patentee is a unit owned by the whole people, the transfer of the patent right must be approved by the higher authorities; Where an individual or unit in China transfers a patent right to a foreigner, it must be approved by the relevant competent department of the State Council; When assigning a patent right, the patentee must conclude a written contract, which will take effect after being registered and announced by the Patent Office. When the patentee licenses others to exploit his patent, he must also conclude a written license contract; (4) The patentee of an individual-owned unit that owns the patent right for an important invention-creation has the obligation to obey the decision of the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to exploit its patent according to the national plan, and allow the unit designated by * * * to exploit its patent; The patentee is the unit and individual collectively owned by our country. If the patent is of great significance to national interests or public interests and needs to be popularized and applied, if the competent department of the State Council reports to the State Council for approval and decides to implement the patent, the patentee shall also bear corresponding obligations. (5) The patentee whose patent right is invalid or revoked shall compensate for the losses caused to others by his malice; According to the principle of fairness, the patent royalty or patent transfer fee shall be returned to the licensee or patent assignee in whole or in part; (6) The patentee shall pay the annual fee from the year when the patent right is granted. If the annual fee is not paid as required, his patent right will be terminated.
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Only the law stipulates human rights and obligations. Only the law stipulates human rights and obligations. ( )
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Law is a kind of social norm, which is a universally effective code of conduct system formulated or recognized by the state and guaranteed by the state's coercive force. The main contents of law are legal rights and legal obligations. Law is an important means to adjust social relations, but it is not the only means. Social relations are interpersonal relations. In addition to legal means, morality, discipline, religion and habits will affect and adjust social relations. Other social norms besides national laws also focus on rights and obligations, but they are not within the scope of the law.