问题 多项选择题

In relation to the Labour Contract Law of China:

(b) state any FOUR kinds of situations under which the labour administration may issue administrative orders to an employer for violations of Labour Contract Law. (8 marks)

答案

参考答案:In accordance with the provisions relating to the legal liabilities in the Labour Contract Law, the labour administration may issue administrative orders to an employer if it violates the law:(i) To order the employer to rectify the labour contract if an employer fails to incorporate the statutory provisions in the labour contracts or fails to provide the labour contracts to the employees;(ii) To order the employer to return the identity cards to the employees within a specified period of time if the employer illegally detains the identity cards of the employees;(iii) To order the employer to pay wages or salaries if employer fails to pay an employee his or her wages or salaries in full and on time as agreed in the labour contract or stipulated by the law;(iv) To order the employer to pay overtime payment if the employer arranges overtime without making overtime payment;(v) To order the employer to make up the shortfall if it fails to pay the labour compensation in conformity with the minimum wage as stipulated by local government;(vi) To order the employer for rectification if the probation period stipulated by an employer violates the law;(vii) To order the employer to return the property to the employees within a specified period of time if it collect the property as security or under some other guise;(viii) To order the employer to issue the certificates of dissolution or certificates of termination of labour contracts if the employer fails to issue such documents in violation of the law.

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