Luật sư tư vấn quy định của pháp luật lao động
Hiện tại, Bộ luật Lao động 2019 có hiệu lực và chỉ có quy định về hai loại hợp đồng là hợp đồng lao động xác định thời hạn và hợp đồng lao động không xác định thời hạn. Vậy đối với các loại hợp đồng khác thì được quy định bởi hợp đồng nào? Những người tham gia các loại hợp đồng trên cần lưu ý những vấn đề gì để bảo vệ tốt nhất quyền và lợi ích hợp pháp của mình?
Phúc Đức Law đã hỗ trợ tư vấn cho nhiều khách hàng có thắc mắc về vấn đề này. Nếu bạn cũng có những thắc mắc, băn khoăn thì hãy liên hệ với chúng tôi, đội ngũ Luật sư Phúc Đức Law sẽ hướng dẫn, tư vấn để bạn nắm được các quy định của pháp luật về vấn đề hợp đồng khoán việc.
Nếu còn vướng mắc, chưa rõ hoặc cần hỗ trợ pháp lý khác bạn vui lòng liên hệ qua Email hoặc gọi điện đến bộ phận Luật sư tư vấn trực tuyến.
Liên hệ số điện thoại 0909.008.306 để được giải đáp, hỗ trợ kịp thời.
Tư vấn quy định của pháp luật về hợp đồng khoán việc
Câu hỏi tư vấn:
Dạ xin chào Luật sư. Xin Luật sư tư vấn cho em về ký kết hợp đồng giao khoán như sau ạ: Trường em hiện tại đang ký hợp đồng lao động 12 tháng đối với Bảo mẫu: thời gian làm việc: từ 10h đến 13h (3 giờ/ngày), từ thứ 2 đến thứ 6 hàng tuần, có đóng BHXH, BHYT, BHTN và hiện đã hết hạn hợp đồng. Em đang chuẩn bị tái ký hợp đồng cho người lao động: loại hợp đồng khoán việc; thời gian làm việc: từ 10h-13h (thứ 2 đến thứ 6 hàng tuần); thời hạn: mỗi tháng tái ký HĐ khoán việc 1 lần, hỗ trợ người lao động tiền tham gia đóng BHXH, BHYT tự nguyện. Xin Luật sư cho em hỏi, nếu ký hợp đồng khoán việc như vậy thì có đúng pháp luật hiện hành không ạ? Kính mong sự tư vấn từ Quý Luật sư. Xin chân thành cảm ơn!
Trả lời:
Cảm ơn bạn đã quan tâm và đặt câu hỏi đến Phúc Đức Law. Sau khi nghiên cứu các quy định của pháp luật về trường hợp của bạn, chúng tôi xin đưa ra những ý kiến tư vấn sau:
Hiện tại theo quy định của Bộ luật Lao động 2019 chỉ có quy định về hai trường hợp hợp đồng lao động là hợp đồng lao động xác định thời hạn và hợp đồng lao động không xác định thời hạn. Tuy nhiên, trong trường hợp của bạn ký hợp đồng khoán việc được xác định là một loại hợp đồng dịch vụ và chịu sự điều chỉnh của Bộ luật Dân sự 2015.
Theo quy định tại Điều 513 Bộ luật Dân sự 2015: “Hợp đồng dịch vụ là sự thỏa thuận giữa các bên, theo đó bên cung ứng dịch vụ thực hiện công việc cho bên sử dụng dịch vụ, bên sử dụng dịch vụ phải trả tiền dịch vụ cho bên cung ứng dịch vụ”.
Hợp đồng dịch vụ theo quy định của Bộ luật Dân sự 2015 có những đặc điểm sau:
Đặc điểm pháp lý của hợp đồng dịch vụ:
- Bên cung ứng dịch vụ phải thực hiện các hành vi pháp lí nhất định và giao kết quả cho bên thuê dịch vụ.
- Hợp đồng dịch vụ là hợp đồng có đền bù. Bên thuê dịch vụ phải trả tiền công cho bên cung ứng dịch vụ, khi bên cung ứng dịch vụ đã thực hiện công việc và mang lại kết quả như đã thỏa thuận.
- Hợp đồng dịch vụ là hợp đồng song vụ. Bên cung ứng dịch vụ phải thực hiện các hành vi pháp lí theo yêu cầu của bên thuê dịch vụ, bên thuê dịch vụ có nghĩa vụ tiếp nhận kết quả công việc và trả tiền công cho bên cung ứng dịch vụ.
Đối tượng của hợp đồng dịch vụ:
- Đối tượng của hợp đồng dịch vụ là công việc có thể thực hiện được, không vi phạm điều cấm của luật, không trái đạo đức xã hội
- Nghĩa vụ của bên sử dụng dịch vụ:
- Cung cấp cho bên cung ứng dịch vụ thông tin, tài liệu và các phương tiện cần thiết để thực hiện công việc, nếu có thỏa thuận hoặc việc thực hiện công việc đòi hỏi.
- Trả tiền dịch vụ cho bên cung ứng dịch vụ theo thỏa thuận.
Nghĩa vụ của bên cung ứng dịch vụ:
- Thực hiện công việc đúng chất lượng, số lượng, thời hạn, địa điểm và thỏa thuận khác.
- Không được giao cho người khác thực hiện thay công việc nếu không có sự đồng ý của bên sử dụng dịch vụ.
- Bảo quản và phải giao lại cho bên sử dụng dịch vụ tài liệu và phương tiện được giao sau khi hoàn thành công việc.
- Báo ngay cho bên sử dụng dịch vụ về việc thông tin, tài liệu không đầy đủ, phương tiện không bảo đảm chất lượng để hoàn thành công việc.
- Giữ bí mật thông tin mà mình biết được trong thời gian thực hiện công việc, nếu có thỏa thuận hoặc pháp luật có quy định.
- Bồi thường thiệt hại cho bên sử dụng dịch vụ, nếu làm mất, hư hỏng tài liệu, phương tiện được giao hoặc tiết lộ bí mật thông tin.
Trong trường hợp của bạn hợp đồng thuê khoán được xác định là hợp đồng dịch vụ theo quy định của Bộ luật Dân sự. Hợp đồng có thỏa thuận về việc thực hiện một công việc (ở đây là công việc bảo mẫu), và người sử dụng dịch vụ là bạn phải trả tiền cho bên cung ứng dịch vụ là người bảo mẫu. Hiện nay, pháp luật dân sự không quy định về thời hạn của hợp đồng dịch vụ và việc tái ký hợp đồng. Do vậy, thời hạn của hợp đồng dịch vụ và việc tái ký hợp đồng do các bên thỏa thuận theo nhu cầu của mình.
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F. Legality: Usually n traditional venture capital the businesses are “Limited Liability Companies” (LLCs) or are governed by corporate laws.
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Westpahlia, Clinton County, Michigan.
On this case, the strategic acquirer can be willing to pay a excessive quantity to the other firm after trying at the synergy value that is created after the merger.
Help this system Chair to pick out the program committee.
The BPV will make sense for the curiosity fee swap (for which modified duration shouldn’t be outlined) as well as the three bonds.
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The node in the center of the diagram (throughout the triangle formed by the opposite three nodes) is labelled God (Latin “DEUS”), while the three hyperlinks connecting the center node with the outer nodes are labelled “is” (Latin “EST”), and the three hyperlinks connecting the outer nodes to each other are labelled “shouldn’t be” (Latin “NON EST”).