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An ordinary worker wants to understand the legal knowledge necessary for work, such as labor contracts, wages, working hours, and ways to protect their rights. First, I should consider what the user's needs are and what common problems they might encounter, such as wage arrears, unpaid overtime, or being dismissed without cause.

Next, I need to determine the structure of the answers. It may need to be divided into several main sections, such as labor contracts, wages and working hours, social security and benefits, termination of labor contracts, ways to protect rights, and special group protections. Each section should further break down key points, such as the signing, content, probation period, and invalid contracts in labor contracts.

Then, I need to ensure that the language is simple and easy to understand, as the user may not be a legal professional, so I should avoid too many technical terms, or if I use them, I need to explain them clearly. For example, terms like "N+1 compensation" need a simple explanation of what they mean so that users can understand.

I should also consider potential misconceptions users may have, such as believing that employees can be dismissed at will during the probation period or not knowing how overtime pay is calculated. At this point, I need to point out the correct legal provisions, such as that dismissing someone during the probation period also requires a legal reason, and that overtime pay is 1.5 times the regular rate on weekdays, 2 times on rest days, and 3 times on statutory holidays.

Additionally, users may be concerned about ways to protect their rights, such as where to file complaints and what evidence to prepare. This part needs to be explained in detail, such as the differences between labor inspection teams, arbitration committees, and courts, as well as their respective processes and time limits. I should also remind them of the importance of preserving evidence, such as labor contracts, pay slips, and attendance records.

I also need to pay attention to the protection of special groups, such as the protection of female employees during pregnancy, special regulations for minors, and different treatment for labor dispatch and interns. These may be areas that users are not very clear about and need special explanation.

Finally, I may need to summarize and remind users that the law is a tool for protecting themselves, and they should bravely defend their rights when encountering problems. I may also need to recommend some practical resources, such as articles of labor law or relevant public accounts and websites, to facilitate users' further inquiries.

During the thinking process, I should also check for any important points that may have been overlooked, such as handling work-related injuries, calculating economic compensation, or non-compete clauses. Are these within the scope of essential knowledge? It may be necessary to judge based on common problems, such as work-related injuries being quite important and should be included. Non-compete clauses may be encountered more in senior positions, but mentioning them briefly is also acceptable.

I should also pay attention to formatting; users may prefer clear information presented in bullet points, with each section having subheadings, and key points highlighted in bold or with symbols. This way, it is convenient for users to find the parts they are concerned about.

In summary, it is essential to ensure that the content is comprehensive, covering the most common legal issues faced by workers, while the language is concise and clear, providing practical advice and solutions to help them protect their rights.

As a worker, understanding basic labor law knowledge is an important weapon for protecting one's rights. Below is a simplified version of the "Essential Legal Course" to help you avoid pitfalls and protect your rights in the workplace:

The first step in explaining specific solutions and implementing workplace protection measures is to start with the labor contract. We need to understand our treatment from the labor contract and also understand our costs. The labor contract is the first legal document we sign when joining a company; it is the most basic and important document. For the vast majority of ordinary workers, you will not have the opportunity to modify this legal document.

The contract text signed by the company is the final signed version. How to sign correctly? First, three statements: First, in the workplace, words should not be spoken carelessly, and similarly, signatures should not be signed carelessly. Second, there is no unimportant signature; as long as a signature is required, it indicates that it is already very important. If it were unimportant, would you need to sign it? Third, as long as you sign, you need to bear responsibility, cleverly and correctly preserving work records.#

Strictly speaking, this is a habit of work, not a legal matter. However, if something happens that requires you to bear responsibility, work records will help you cope with workplace issues. This is something that workers find very annoying and helpless, and it has become an increasingly prevalent workplace issue. As workers in the workplace, we must maintain kindness and hope.

1. Labor Contract Section#

Must sign a written contract

A contract must be signed within one month of employment; otherwise, from the second month onward, double wages can be requested (up to 11 months).
Beware of blank contracts: Before signing, be sure to confirm that the terms (position, salary, working hours, etc.) are consistent with the agreement.
The probation period is not a "free use period"

Duration: Contract period ≥ 3 years, probation period ≤ 6 months; contract period ≤ 1 year, probation period ≤ 1 month.
Salary: Must not be less than 80% of the agreed salary or the local minimum wage standard.
Dismissal requires proof of "not meeting employment conditions"; otherwise, it is considered illegal termination.
Beware of "invalid clauses"

Clauses such as "voluntarily waiving social security," "work-related injuries are self-managed," "no compensation for overtime," etc., are invalid, and even if signed, rights can still be defended.

2. Wages and Working Hours Section#

Minimum wage

Must not be less than the local minimum wage standard (even during the probation period or piece-rate wages).
Wage arrears exceeding 30 days can be regarded as "malicious wage arrears," and criminal responsibility can be pursued.
Overtime pay calculation

Overtime on weekdays: 1.5 times the salary; overtime on rest days: 2 times (or compensatory time off); statutory holidays: 3 times.
Key evidence: Keep overtime notices, attendance records, and work communication records.
Comprehensive working hours and irregular working hours

Must be approved by the labor department; otherwise, the standard working hours system is assumed (≤8 hours per day, ≤40 hours per week).

3. Social Security and Benefits Section#

Five insurances and one fund are mandatory

The unit cannot replace social security with "cash subsidies"; otherwise, it can be reported to the social security bureau.
Unemployment insurance after leaving: If contributions are made for more than 1 year and the departure is involuntary, unemployment benefits can be claimed.
Recognition of work-related injuries

Traffic accidents (not primarily responsible) during commuting are considered work-related injuries; sudden illnesses resulting in death within 48 hours are regarded as work-related injuries.
Timely action: Must be reported by the unit within 30 days; otherwise, individuals can apply on their own.

4. Termination and Compensation Section#

Dismissal protection

Units cannot dismiss employees arbitrarily; the following situations constitute illegal termination:
✓ Female employees during pregnancy/childbirth/breastfeeding
✓ Loss of labor ability due to work-related injuries
✓ Illness during the medical period
Illegal termination can demand continued performance of the contract or double economic compensation.
Economic compensation calculation

Differences between N, N+1, and 2N:
✓ N: One month's salary for each year of work (mutual agreement termination, contract expiration without renewal, etc.)
✓ N+1: Compensation when termination occurs without 30 days' notice (only applicable in statutory situations)
✓ 2N: Compensation when the unit illegally terminates

5. Ways to Protect Rights#

Three-step strategy

Negotiation: First communicate with the unit, keeping written evidence (emails, chat records).
Complaint: Report to the local labor inspection team (quick processing, suitable for wage arrears, non-payment of social security, etc.).
Arbitration: Apply for arbitration with the labor arbitration committee (free, validity of 1 year); if dissatisfied with the result, sue in court.
Key evidence checklist

Labor contract, pay slips, attendance records, social security payment records, dismissal notices, work communication records, etc.

6. Protection of Special Groups#

Female employees:
✓ Wages during maternity leave are paid by maternity insurance, with the unit making up the difference.
✓ Pregnant women cannot be assigned night shifts or high-intensity labor; breastfeeding employees are entitled to one hour of breastfeeding time each day.
Minors: Prohibited from being assigned to underground mines or hazardous work; weekly working hours ≤ 40 hours.
Labor dispatch/interns: Same pay for the same work as formal employees; interns must also sign agreements and receive compensation.

Summary in One Sentence#

The law does not protect those who sleep on their rights! When encountering infringement, calmly collect evidence, make good use of the 12333 labor protection hotline, local arbitration committees, and other channels to bravely defend your legal rights.

Understanding Key Clauses of Labor Contracts#

Interpretation of key clauses in labor contracts
When signing a labor contract, focus on the following core clauses to protect your rights:

1. Basic Information Clauses#

Parties' information

Employer's name, address, legal representative; employee's name, ID number, address.
Tip: Verify the accuracy of the information to avoid risks of "shell companies" or unclear parties.
Contract duration and type

Clarify the type of contract: fixed-term (e.g., 1 year), indefinite (no termination date), or task completion-based.
Note: After working continuously for 10 years or signing two consecutive fixed-term contracts, you can request to sign an indefinite contract.

2. Core Rights Clauses#

Job content and location

Specific position, scope of responsibilities, and work location must be clearly agreed upon to avoid vague expressions (e.g., "national deployment").
Risk point: If subsequent job transfers or relocations occur, both parties must negotiate and agree; unilateral forced changes are not allowed.
Salary and benefits

Salary composition (base salary, performance, bonuses), payment time and method (pre-tax/post-tax).
The proportion of social insurance (five insurances and one fund) contributions and additional benefits (meal allowances, housing subsidies, etc.) must be clarified.
Working hours and leave

Working hours system (standard, comprehensive calculation, or irregular), overtime regulations, annual leave/sick leave/statutory holiday arrangements.
Key point: Overtime must have a written agreement, and overtime pay must comply with legal standards.

3. Protective Clauses#

Labor protection and conditions

The employer must provide a safe working environment, protective equipment, and clarify the obligation to inform of occupational hazards.
Legal requirements: For high-risk industries, regular health checks and specialized training must be provided.
Termination and cessation of contract

Legal termination conditions (e.g., mutual agreement, employee resignation, unit layoffs) and compensation standards.
Beware: The contract must not contain illegal clauses such as "unconditional termination."

Confidentiality and Non-Compete#

Scope of confidentiality obligations, duration of non-compete (not exceeding 2 years), and compensation standards (usually 30%-60% of monthly salary).
Note: Non-compete clauses without agreed compensation are invalid.

4. Risk Clauses Easily Overlooked#

Probation period regulations

The length of the probation period is linked to the contract duration (e.g., 3 months ≤ contract period < 1 year, probation period ≤ 1 month).
Trap: The probation salary must not be less than 80% of the formal salary, and social security must be paid.
Breach of contract liability

Only service period breach penalties (e.g., leaving after special training) and compensation for violating confidentiality/non-compete clauses are allowed.
Invalid clauses: Such as "penalty for not completing the contract period" and other illegal penalty requirements.

Signing Precautions#

Review each clause: Avoid blank clauses, beware of "yin-yang contracts," or oral promises inconsistent with written content.
Preserve evidence: After signing, be sure to keep the original contract; electronic contracts must confirm legal validity.
Ways to protect rights: If clauses are illegal (e.g., refusal to pay social security, forced overtime), you can complain to labor inspection departments or apply for arbitration.
The labor contract is an important basis for the labor relationship. It is recommended to consult professionals or verify the legality of clauses through official channels (e.g., human resources bureau) before signing to ensure your rights are not infringed.

If you think unreasonable clauses are present, should I sign or not? My answer is that the workplace is always about responsibility. I want to emphasize that you need to know what is clear and what is vague, and you should at least have a general understanding of the vague areas. Only in this way can you take preventive measures from a legal perspective to prevent negative situations from arising.

Hello everyone, the first step in workplace protection measures is to start with the labor contract, where we need to understand our treatment and our costs. The labor contract is the first legal document we sign when joining a company; it is the most basic and important document. For the vast majority of ordinary workers, you will not have the opportunity to modify this legal document. The contract text signed by the company is the final signed version. Generally, apart from discussing the blanks with HR, you are left with two choices: either sign or give up, with very few opportunities for modification, even for one clause.

If you see some clauses that I consider unreasonable, should I sign or not? My answer is that you can first conduct a background check on the company. Generally, before signing a contract, the company will conduct a background check on the applicant, and similarly, we workers should also conduct a background check on the company. Let me briefly introduce a few methods:

First, check the company's litigation situation. Use websites like Qichacha or Tianyancha to get a simple overview of the company's equity relationship, see who the actual controller is, who the shareholders are, and who they have invested in, etc. Once you have this basic information, go to the China Judgments Online and the court websites in the company's location, such as the Beijing Court's trial information website, and search for corresponding judgment documents. Then check the China Court Trial Open Network for any court records. Please note that it is better to check data on these original information source websites than on those query websites.

Second, analyze the company's litigation situation. Generally, slightly larger companies with a longer history will have a number of lawsuits, so if you find a pile of judgment documents, do a simple analysis of how many labor lawsuits there are and what the reasons are. Are there many commercial disputes? What is the risk level? You should have a rough idea.

Third, check the actual control situation of the actual controller. Go to the Supreme Court's website, where there is a section called the China Execution Information Disclosure Network. Enter the name of the actual controller to see if they are on the list of dishonest executors or if they are restricted from consumption. If the background check does not reveal major issues, and if this is a job you desire, and if your email does not have several other offers lying around, then you don't need to worry too much; just sign. What you need to do is to truly understand this legal document before or after signing it. Only by truly understanding it can you prepare the most suitable protective measures accordingly.

Understanding a labor contract has three key points. The first key point is to understand clear clauses.

Specifically, there are three key contents here:

• First is the signing parties; you need to clearly see who Party A is in the labor contract, the name of the company, address, and whether the legal representative is consistent with the company you are going to work for. If they are consistent, that is best; if not, you need to clarify first. It is common for the signing party and the actual working party to be inconsistent, so don't be surprised. For example, if you work for Tencent, it is likely that the legal representative of Party A is not Pony Ma. Generally, there are four situations where the signing party and the actual working company are inconsistent.
  • The first situation is that you may be employed by a large company, and your job position is at the headquarters, but the signing party may be its subordinate subsidiary, which is quite common.
  • The second situation is that you are signing with a human resources service company, which is also quite common; many startups do this, centralizing the procurement of third-party human resources services.
  • The third situation is that the signing party is completely another company, and there seems to be no relationship with the company you are signing with. Generally, HR may tell you that this is their project company, which is also not uncommon. The fourth situation is rarer; you may be signing with an individual business or a company that asks you to sign with an individual business they established. This situation is less common but has been seen, and it was previously done by a large domestic company. They changed the labor relationship between the company and the employee into a cooperation relationship between the company and the employee.

As a worker, if you encounter or already have this situation, there is no need to worry too much; just make corresponding arrangements, and there should not be too many problems. In the first, second, and third situations, you should first care about whether the signing company and the actual service company are in the same jurisdiction, as this will truly involve your money.

For example, the minimum wage levels and social security in different cities are different, and these are all related to your money. It is best if they are in the same city; if not, you need to weigh it. This is the first point.

Secondly, if this situation already exists, you need to pay attention to preserving some personal work trace records. As for how to correctly and cleverly preserve work trace records, I will specifically discuss this later. The fourth situation is rarer; as far as I know, it has been stopped by management departments, but I believe there will still be individual cases. In this situation, everyone should be cautious and avoid signing if possible, as this has already exceeded the protection range of the Labor Contract Law for us workers; this is another form of contract.

Secondly, if this situation already exists, you need to pay attention to preserving some personal work trace records. As for how to correctly and cleverly preserve work trace records, I will specifically discuss this later. The fourth situation is rarer; as far as I know, it has been stopped by management departments, but I believe there will still be individual cases. In this situation, everyone should be cautious and avoid signing if possible, as this has already exceeded the protection range of the Labor Contract Law for us workers; this is another form of contract.

The second key content is your job position and location. This part should have clear job position names and work location names, but it may also have vague clauses following it. We will focus on discussing vague clauses when we talk about the third key content, which is your salary treatment. In this part, you should pay attention to what the base salary is, as the base salary directly relates to social security contributions.

In addition, pay attention to the length of the probation period and the salary. If the labor contract duration is 1 year or less, the probation period should not exceed one month; if it is more than 1 year but less than 3 years, it should not exceed 2 months; if it is more than 3 years, it should not exceed 6 months. The probation salary must not be less than 80% of the agreed salary or the local minimum level. This part is generally quite standardized now; if it is not standardized, the enterprise will face the risk of being reported and heavily fined, so enterprises generally will not go too far.

Alright, these are the three key contents you need to understand about labor contracts, which are three clear and definite contents: who to sign with, job position and location, and salary and bonuses. This is the first key point in understanding labor contracts, focusing on three key contents.

The second key point is that we need to understand the vague clauses in the labor contract. It can be said that in many common labor contracts, there are many vague clauses; basically, every clear clause will have a corresponding vague clause, and almost every vague clause will obscure the clear clauses.

For example, let's look at the following two clauses, which are very common in labor contracts. According to Party A's work needs, Party B agrees to hold a certain position, and during the appointment period, Party B's main work location is in a certain province and city. Party B agrees to work at the location assigned by Party A according to Party A's work needs and to undertake business trips within and outside China as arranged by Party A. Party B, as a key employee of Party A, will perform duties well and loyally serve Party A, promising to fulfill obligations under this contract and other work assigned to Party B by Party A according to business needs. The specific work content and requirements are detailed in the job description and related documents. Party B agrees to work in the department and position assigned by Party A during the appointment period. Party B should complete the specified work quantity on time and meet the specified work quality according to Party A's requirements. If you are already in the workplace, you might want to pull out your labor contract and see if there are similar clauses. The first clause clearly states the position, but in the second clause, it becomes vague, as Party B agrees to work in the department and position assigned by Party A according to Party A's needs.

Please note that this department and position not only includes the position already agreed upon in the contract but also includes other departments and positions. So, while it seems that the position is clearly defined in the first clause, in reality, it can be changed according to Party A's needs. As long as Party A's work needs change, Party B must comply with Party A's arrangements and adjustments. How Party A's work needs change and how Party A arranges this is the vague space. Of course, this is not necessarily a bad thing; if the boss promotes you, that is also a change in Party A's work needs. Generally speaking, when agreeing on job positions and work content, it is not overly detailed or overly broad. For example, many companies use management positions, production positions, and sales positions for agreements, and some are agreed upon by department, such as agreeing to work in the finance department for financial work or in the human resources department for human resources work. Some high-end positions, such as general managers, are also generally not specified in detail, and most are agreed upon as executive positions.

Let's look at the issue of work location, which is also very vague. The information given is very vague, such as a certain province and a certain city, which means that as long as it is in this city, it is acceptable.

For example, if you are in Beijing and the company changes your work location from a certain area to another area, it does not violate this labor contract. Now let's look at a clause where Party B's salary is based on the salary confirmation document. The salary is all pre-tax, and Party A is responsible for withholding and paying personal income tax from Party B's salary. If Party A's salary system changes or Party B's job position or work location changes, leading to an adjustment in Party B's salary standard, Party A can confirm the changes through notifications, salary slips, etc.

This is a clause with a lot of information. First, it is certain that there is no specific salary number in this contract; instead, it uses a salary confirmation document as a supporting clause. Secondly, if certain conditions change, Party A can issue a notification and adjust Party B's salary standard. Also, the withholding and payment are done by a third-party company entrusted by Party A, not by Party A itself. Isn't this a bit complicated? But I can assure you that this is very common. Is this example not similar to the previous one? Originally, there was a very clear salary standard agreement, but it was easily obscured.

From a positive perspective, workers should expect such changes because you need to grow, get promoted, and receive raises; these are all changes that occur due to certain conditions. However, from a less positive perspective, you may feel a bit anxious. The workplace is always about moving forward or falling behind. I want to emphasize that you need to know what is clear and what is vague, and you should at least have a general understanding of the vague areas. Only in this way can you take preventive measures from a legal perspective to prevent negative situations from arising. This is the significance of learning workplace law.

We need to understand where problems may arise, try to avoid such problems, and if problems do occur, how to reasonably and legally protect our interests without too much hassle, so we don't get hurt too deeply. Don't worry; I will gradually discuss specific coping strategies later. Let's continue to the third key point, which is that we need to understand the supporting clauses of the labor contract.

Like the previous two parts, supporting clauses need to be carefully reviewed because most supporting clauses are "sharp" clauses that can bite. The following are some common documents that need to be signed together with the labor contract, such as job descriptions, appointment letters, confidentiality agreements, non-compete agreements, employee handbooks, salary confirmation documents, and management systems established by the company according to legal procedures. If you have time, it is best to carefully read all the clauses in these documents, especially the employee handbook. I strongly recommend that you slowly read it page by page and be aware of some key content. If the company has an unpleasant interaction with the employee, in most cases, the company will find a corresponding penalty basis from the employee handbook to accuse you of violating the handbook and then take action.

Therefore, this is "sharp," and it can bite. For many workers, sometimes they may have the illusion that the company is too formalistic, and the employee handbook is thicker than a book. Which employee can remember everything? But have you noticed that when you join a company, the company or the HR will showcase this formalism to the extreme? They will make you sign your name on every page of this employee handbook and may even require you to write a statement saying, "I have read it all, fully understood, and confirmed." So if you really think this is formalism, then you are naive.

Of course, you don't need to memorize the entire employee handbook; that is unrealistic. Even the most skilled criminal law scholars cannot remember the entire criminal law, right? As workers, we are joining a company with beautiful expectations, and while we contribute our knowledge and labor, we should also pay attention to our rights. We must understand how to protect our legitimate rights.

Hello everyone, today we will discuss how to cleverly and correctly preserve work records. Strictly speaking, this is a habit of work, not a legal matter. However, if something happens that requires you to bear responsibility, work records will be very helpful. I won't elaborate on the importance; everyone understands. Let's directly learn how to do it. First, the three principles for correctly preserving work records are: legality, authenticity, and relevance. These three principles are requirements for evidence in litigation activities, meaning that when collecting evidence, presenting evidence, and creating evidence, these principles must be adhered to.

Specifically, in our daily work, when preserving work records:

• First, your recording behavior must be legal. For some special positions with clear confidentiality requirements, you should follow specific work processes and regulations.

• Second, the content of the records must be authentic. Be objective and truthful; do not record hearsay, rumors, guesses, or speculations. These contents are not only useless but will also reduce the overall authenticity of your records. You should record what actually happened and cannot write fiction or fabricate false plots or stories.

• Third, the content you record must be relevant to you. This matter must have a direct or indirect connection to you; it should be content related to you, and you should try to avoid expanding the scope. If you record everything you see or hear, you will have no time to work.

Now, let's summarize three major categories:

• The first category is labor rights.

• The second category is key work.

• The third category is special matters.

You can also understand these three major categories as three folders. Nowadays, online cloud storage is very convenient, and the security and confidentiality are quite good, but it is best not to store them in the company's internal network system or, if stored in the company's internal cloud, also keep a copy externally.

In the first category of labor rights, we need to focus on preserving three parts: the first part is documents related to the labor contract signed between the company and us, including the labor contract, confidentiality agreement, non-compete agreement, position confirmation letter, salary confirmation letter, employee handbook, rules and regulations, business processes, etc. These documents need to be kept in their original form, but it is best to scan an electronic version for backup.

The second part is items related to our professional identity. For example, your work ID, access card, meal card, business cards, attendance lists for meetings, etc., as well as notifications of position changes and notifications of job appointments. This part includes both document forms and physical forms. If it can be saved in document form, save it directly; if it cannot, take photos or videos to preserve it.

The third part is content closely related to our rights. For example, salary statements, social security tax deduction records, company holiday notices, your personal attendance records, records of non-voluntary overtime, travel records, etc. It is especially important to remind everyone to check the tax deduction data in the tax app when checking the salary card each month to ensure consistency. It is also best to print and keep a copy of the salary, social security, and tax deduction records every six months or once a year. Additionally, keep all public documents regarding the company's penalties, commendations, rewards, etc. This part is extremely important as it serves to prove our labor relationship with the company, our contributions to the company, and our legitimate rights that we should obtain from the company.

If, unfortunately, a labor dispute arises with the company in the future, this part of the content will be crucial. One should not have a close relationship with those who harm them, but one must always be vigilant. Again, as workers in the workplace, we join a company with beautiful expectations, and while we contribute our knowledge and labor, we should also pay attention to our rights. We must understand how to protect our legitimate rights. Generally speaking, in civil dispute litigation, the burden of proof is based on the principle that whoever asserts must prove.

Although due to the special nature of labor cases, the employer generally bears the burden of proof in practice, they must provide contrary evidence to prove that the employee's claims cannot be established. However, as workers, we cannot let our guard down due to the reversed burden of proof, as employers can also provide counter-evidence, meaning they can present evidence to refute the employee's claims.

In reality, we often encounter many workers who, after working for a while, forget where they put their labor contracts and cannot find them, let alone other materials. They may work 996 every day, but upon analysis, it is often their voluntary overtime, which is a personal behavior and has nothing to do with the company. Such situations are common. If the boss is genuinely willing to work together with everyone, sharing joys and hardships is one thing; otherwise, it is another. If a labor dispute arises, there will be no way to present effective evidence to protect one's legitimate rights.

In the second category of key work, the documents we need to preserve include:

First, important work plans, work proposals, and related meeting records that you participate in and undertake.

Second, important work reports, summaries, evaluations, etc., that you participate in and undertake.

The third part is important activities and speeches you participate in as part of your job. From the perspective of work needs and professional growth, the long-term preservation of this content is extremely meaningful.

This part of the content serves as a concentrated preservation of our important work processes and significant work achievements. More importantly, it showcases the most critical skills and achievements in our professional careers. It acts like a museum of our workplace; regardless of how brilliant or mundane our future career achievements may be, when we look back at this content, we may scold ourselves for being so foolish in the past or praise ourselves for being so impressive during our peak moments. In any case, looking back at our past will benefit us greatly.

Returning to today's topic, preserving work achievement documents primarily serves as a crucial supplement to the first category of labor documents and rights preservation. If labor disputes arise in the future, and litigation is required, this content can play a very good reinforcing role. Additionally, there is another important secondary role. In the workplace, workers almost inevitably face different forms and degrees of assessments, and these daily records will become valuable during evaluations. They are more persuasive than all flowery words. If there are no significant achievements, then even small achievements should be recorded; otherwise, over time, one may forget them.

Recording this information also has some small techniques. For example, if you are the main leader in a project, you can write that you led the team to complete it; if you are a supporting role, you can write that you assisted someone in completing it. If you are just a bystander, you can write that you participated in completing it. Regularly recording these will help you summarize more clearly, solidly, and persuasively as the evaluation approaches. Even if the leader wants to criticize you for inefficiency, they will have to think twice.

Now let's discuss the third category, which is particularly important compared to the previous two categories. The preservation of this category is truly for future contingencies. If you do not want to become a scapegoat or bear the brunt, you must pay special attention to the records stored in this folder. I wonder if anyone has had the experience of forgetting what they just said the moment after they said it. Using a common saying, a good memory is not as good as a bad pen. In professional jargon, if there are no records, nothing has happened. For workers who have not experienced deep pain, it is essential to remember these two sayings and to value and develop the habit of recording important matters.

In this major category, you should pay special attention to recording and preserving two aspects: first, particularly important matters; second, very routine matters.

First, regarding particularly important matters, for significant work you participate in, such as contracts involving large sums of money, major engineering projects, significant equipment purchases, or handling major accidents, these events will involve a lot of money, many people, and many matters, or they may involve major safety incidents or significant social public opinion events. Once they occur, there are no small matters; they are all particularly important matters. When you actively or passively participate in such significant work, your personal priority is to prevent your own risks. Only with personal safety can you consider achievements and awards.

You must understand that almost all major matters come with a high degree of significant risks. Many times, we may not know who the real decision-makers behind these major matters are, what they think, or what they want. We may only know what others want us to know, not the true intentions of the people behind the scenes.

When participating in significant matters, you must tread carefully and take preventive measures in advance. A small mistake could lead to a significant setback. When you participate in particularly important work, the correct approach is to keep a full record of who gave you instructions, when, what specific content, and when, where, and with whom you did what, and how you reported it, etc. All key content, key nodes, key people, key results, and any unexpected events must be clearly recorded. Do not be careless, and do not harbor any illusions.

I will share a small tip: if you have communicated important matters verbally or over the phone, immediately send an email or a WeChat message summarizing the content of the communication for confirmation. This is a very effective way to keep records. Of course, some matters can be confirmed via email or WeChat, while others may not be suitable for such confirmation.

There are three technical issues to pay special attention to when using work records:

• The first is not to share. Although these are work records and are public and involve your personal participation, they still have a considerable degree of privacy. Therefore, you must ensure data security and not easily share with third parties to avoid uncontrollable data leakage risks. Protecting your own information on your phone is the same as protecting these work records.

• The second is the original state. This is also crucial; all preserved content must not be modified in any form. Whatever the original record looks like, it must remain that way. Remember, all records must maintain their original state. Any modifications or erasures will affect the future effectiveness of the records.

• The third is the practical timing. First, it is essential to clarify that these records are only to adhere to the three principles mentioned earlier. They are for collecting evidence and creating records, and they will only be useful when entering judicial procedures. In daily life, just keep them quietly; do not use these records to threaten anyone casually.

Finally, let's discuss a reverse recording risk. What does reverse recording mean? It means that while you are recording, others may also be recording. Therefore, as workers in the workplace, we must always be aware of becoming subjects of others' recordings. For example, if you receive a small WeChat red envelope from a client, you may click to accept it, and there is a possibility of being screenshot and reported. Even if you return it, it won't matter; the evidence has already been collected. The risk of being recorded in reverse is increasing in the workplace.

Using Legal Means to Address Workplace PUA#

Then, the cases in the search results are also very valuable for reference. For example, the cases of Xiao Li and Xiao Wang, who successfully defended their rights through legal means and obtained overtime pay and compensation. This shows that when encountering similar situations, workers can indeed rely on legal means to protect themselves.

Additionally, the user mentioned issues of sexual harassment and personality rights, which involve the protection of privacy rights and personal dignity in the Civil Code, as well as the Employment Anti-Discrimination Law. If workplace PUA is accompanied by sexual harassment, victims should report it promptly and preserve evidence, such as recordings and videos.

It is important to note that the search results indicate that 60% of white-collar workers have encountered workplace PUA, but very few have used legal means to defend their rights, possibly due to a lack of legal awareness or fear of retaliation. Therefore, in the response, users should be encouraged to bravely defend their rights and detailed steps should be provided, such as reporting, arbitration, and filing a police report.

Moreover, the time factor is also crucial. Today is February 21, 2025, so it is necessary to confirm whether the legal provisions have been updated. However, based on the provided search results, all legal provisions are still valid, such as the Civil Code and the Labor Contract Law mentioned in the 2025 article.

Finally, I need to organize the coping measures into points, covering aspects such as termination of labor contracts, evidence preservation, legal avenues, and psychological protection, ensuring that users have a comprehensive guide. At the same time, remind users of preventive measures before joining a company, such as understanding the company's situation, clarifying the labor contract content, and avoiding future problems.

When encountering PUA (psychological manipulation, exploitation, and derogation) in the workplace, the following legal means can be used to protect one's rights and establish a systematic framework for defending rights:

1. Clarify legal basis and define infringement behavior

   • Core provisions of labor law
     • Article 37 of the Labor Contract Law: Written notice of contract termination 30 days in advance; Article 38 (violence, coercion) allows for immediate termination and claims for economic compensation.
     • Article 36 of the Labor Law: Daily work ≤ 8 hours, weekly ≤ 44 hours; Article 44 specifies overtime pay standards (150%-300% of salary).
     • Regulations on Paid Annual Leave for Employees: After working continuously for 1 year, paid leave can be enjoyed; if leave is not arranged, three times the daily wage must be paid.
   • Personality rights and criminal accountability
     • Article 990 of the Civil Code: Prohibits insulting and derogating personality; infringement of privacy rights can lead to compensation claims.
     • Involving violence, coercion (such as restricting personal freedom) can be reported to the police, pursuing accountability under Article 244 of the Criminal Law for "forced labor."

2. Scenario-based response strategies

   • Scenario 1: Exploitative PUA (overwork, deprivation of leave)
     • Evidence preservation: Keep records of overtime clock-ins, chat screenshots, work emails (e.g., being required to be on standby during rest days), and record specific durations.
     • Legal action: File complaints with labor inspection departments, claim overtime pay and compensation for unused annual leave; if long-term overwork leads to health damage, request work-related injury recognition.
   • Scenario 2: Derogatory PUA (public humiliation, isolation)
     • Personality rights protection: Record derogatory remarks, file a lawsuit for personality rights infringement, and demand an apology and compensation for mental distress.
     • Job change disputes: If maliciously reassigned (e.g., from manager to cleaner), claim that the employer violated the labor contract and demand restoration to the original position or compensation.
   • Scenario 3: Sexual harassment PUA
     • Immediate evidence collection: Preserve harassment messages, recordings, seek eyewitnesses; report through internal complaint mechanisms or directly to the police.
     • Legal avenues: File a lawsuit based on Article 23 of the Women's Rights Protection Law, demanding cessation of infringement and compensation; if violence is involved, pursue criminal accountability.

3. Systematic rights protection process

   • Internal negotiation: First, appeal through the company's labor union or HR, demanding rectification (some companies have internal anti-harassment mechanisms).
   • Administrative complaint: Submit evidence to the labor inspection team to initiate administrative investigation procedures.
   • Labor arbitration: Claim economic compensation, overtime pay, and wages for unused annual leave; the arbitration validity period is 1 year.
   • Civil litigation/criminal reporting: In cases of personality infringement or criminal offenses, file a case directly with the court or public security organs.

4. Prevention and psychological protection

   • Pre-employment prevention: According to Article 8 of the Labor Contract Law, require written clarification of job responsibilities, working hours, and leave systems, and beware of verbal promises.
   • Psychological intervention: Seek psychological counseling promptly after encountering PUA to avoid long-term repression leading to psychological trauma; preserving medical records can serve as a basis for subsequent compensation claims.

5. Reference to typical cases

   • Case 1 (2020, Beijing Chaoyang Court): Waiter Xiao Li won a lawsuit for long-term overtime and unpaid annual leave, receiving compensation.
   • Case 2 (2024, Hualu Network): A female employee who encountered sexual harassment successfully obtained court support through recorded evidence, with the perpetrator facing administrative penalties and compensation.

The essence of workplace PUA is the implementation of psychological oppression through power imbalance. The law not only provides post-incident relief but also emphasizes pre-incident prevention. It is recommended that workers regularly study relevant provisions of the Labor Contract Law and the Civil Code and consult professional lawyers to develop personalized rights protection plans.

Legal Ways to Address Workplace Sexual Harassment Issues#

In response to workplace sexual harassment, legal strategies can be combined with the following legal provisions and practical operations for rights protection:

1. Legal basis and responsible parties

   • Article 1010 of the Civil Code
     • Clearly defines sexual harassment as verbal, written, visual, or physical behavior that violates another person's will, granting victims the right to request civil liability from the perpetrator.
   • Employer obligations: Agencies, enterprises, etc., must take reasonable preventive measures (such as system regulations, complaint channels), promptly handle complaints, and investigate and address issues to prevent harassment through the use of power or subordinate relationships.
   • Women's Rights Protection Law
     • States that female victims can complain to the unit or public security organs or file lawsuits directly, and the unit must provide written feedback on the handling results. The procuratorial organs can file public interest lawsuits against units that fail to fulfill their obligations.
   • Article 42 of the Public Security Administration Punishment Law
     • For sending obscene messages, spreading privacy, etc., penalties of detention or fines may be imposed, applicable to less severe harassment behaviors.

2. Response steps and legal avenues

   • Evidence preservation
     • Key evidence includes chat records, recordings, surveillance videos, and eyewitness testimonies, which must be fixed immediately.
   • Internal complaints and unit accountability
     • Report through the company's internal complaint channels (such as HR, discipline inspection departments), demanding the unit investigate and take measures such as job reassignment or disciplinary action. If the unit does not act, complaints can be filed with labor inspection departments or labor arbitration can be applied for.
   • Civil litigation
     • Claim medical expenses and compensation for mental distress, demanding cessation of infringement and restoration of reputation. For example, treatment costs arising from psychological illnesses due to harassment can be claimed.
   • Criminal reporting
     • If it involves indecency or rape, report to the police immediately to pursue criminal accountability. For threats, intimidation, or privacy violations that meet the criteria of the Criminal Law (such as forced indecency), judicial authorities can intervene.
   • Personal safety protection order
     • According to the Anti-Domestic Violence Law, if harassment involves stalking or threats, apply to the court for a protection order to prohibit the perpetrator from approaching or contacting.

3. Practical suggestions

   • Strengthen preventive mechanisms: Enterprises should establish anti-sexual harassment systems, conduct regular employee training, and clarify reporting processes and protective measures.
   • Avoid silence: After encountering harassment, promptly make it clear to refuse, avoiding the loss of evidence or escalation of behavior due to "endurance."
   • Joint rights protection: Seek assistance from women's federations, labor unions, and other organizations, and if necessary, use media or public interest litigation to expand social influence.
   • Note: Legal procedures should be tailored to individual case details, and it is advisable to consult professional lawyers to develop strategies (such as contacting the lawyer's phone number at the end). If the unit fails to fulfill its obligations, keep evidence of inaction for subsequent accountability.

Detailed Explanation of Labor Arbitration Process (with Flowchart)#

(1) Location for Labor Arbitration Application

1. You can apply to the labor arbitration committee at the location of the employer;
2. You can also apply to the labor arbitration committee at the place where the labor relationship is performed (i.e., the work location).

(2) Time for Labor Arbitration Application

The time limit for applying for labor arbitration in labor disputes is one year. The arbitration time limit starts from the date you know or should know that your rights have been infringed.

Tips:

1. The arbitration time limit is interrupted when one party asserts rights against the other party or requests rights relief from relevant departments, or when the other party agrees to fulfill obligations. From the time of interruption, the arbitration time limit is recalculated.
2. Due to force majeure (such as fire, earthquake, etc.) or other legitimate reasons, if a party cannot apply for arbitration within one year, the arbitration time limit is suspended. From the time the reason for suspension is eliminated, the arbitration time limit continues to be calculated.

(3) Labor Arbitration Process

Labor arbitration generally consists of four steps: application by the parties, review and acceptance, arbitration preparation, and arbitration hearing.

1. Application by the parties:

   • The parties submit the labor arbitration application and relevant materials and evidence.

2. Review and acceptance:

   • (1) If the labor arbitration application meets the requirements, the labor dispute arbitration committee will make a decision to accept or not accept the application within five working days from the date of receiving the arbitration application. If the arbitration committee decides to accept, it will notify the applicant to collect the "Acceptance Notice" and "Evidence Notification" and "Appearance Notification" within five working days. If the arbitration committee decides not to accept the case, it will explain the reasons to the applicant, who can file a lawsuit in court regarding the labor dispute matter;
   • (2) After the respondent receives a copy of the arbitration application, they must submit a defense statement to the arbitration committee within ten days. The respondent's failure to submit a defense statement does not affect the arbitration process. The parties have the responsibility to provide evidence for their claims; if the necessary evidence is in the company's possession, the applicant can apply to the arbitration committee to retrieve evidence from the company, which must provide it within the specified time. If the company does not provide it, it must bear the adverse consequences.

3. Arbitration preparation:

   • The arbitration committee must form an arbitration tribunal within seven days from the date of accepting the labor dispute case.

4. Arbitration hearing:

   • (1) The arbitration tribunal must notify both parties in writing of the hearing date and location five days before the hearing. If either party has a legitimate reason, they can request a postponement three days before the hearing. Whether to postpone is decided by the arbitration committee; if the respondent receives the notice and refuses to appear without a legitimate reason or leaves midway without the arbitration tribunal's consent, it does not affect the arbitration tribunal's ruling, which can be made in absentia; if the applicant does not appear or leaves midway without the arbitration tribunal's consent, the arbitration tribunal will consider it as a withdrawal of the arbitration application;
   • (2) The arbitration tribunal will first conduct mediation. If mediation is successful, the contents of the agreement reached by both parties will be made into a mediation document, which will take legal effect after being signed by both parties. If mediation fails or the mediation document is delivered before one party retracts or refuses to accept the mediation document, the arbitration tribunal should promptly make a ruling;
   • (3) The arbitration tribunal will make a ruling within 45 working days after accepting your arbitration application. If the case is complex and requires an extension, the arbitration tribunal can apply for an extension, but the extension period must not exceed 15 working days. If the ruling is not made within the time limit, the applicant can file a lawsuit in the people's court;
   • (4) If the applicant withdraws the arbitration application before the arbitration tribunal makes a ruling, the arbitration tribunal will issue a "Decision to Approve Withdrawal" after review; however, if the respondent files a counterclaim, it does not affect the hearing of the counterclaim;
   • (5) After the arbitration tribunal makes an arbitration ruling, it must prepare an arbitration ruling document. The arbitration ruling document must be signed by the arbitrators, stamped with the arbitration committee's seal, and delivered to both parties. If the arbitration tribunal rules on the spot, it must send the ruling document within seven days from the date of the ruling; if the ruling is made separately, the ruling document will be given on the spot. After the arbitration result is released, the applicant can take the ruling document to the respondent to request execution of the ruling content. If the respondent does not execute it, the applicant can apply to the court for enforcement.

Note: Labor dispute arbitration is conducted publicly, except for cases where the parties agree not to disclose or involve state secrets, commercial secrets, and personal privacy.

If the submitted evidence materials involve recordings, it is advisable to consult the labor arbitration committee directly. Generally, you need to burn the recordings onto a CD and submit a written transcript, ensuring to keep backups.

(4) Materials Required for Labor Arbitration Application

1. Labor arbitration application (detailed statement of the facts and reasons for the application, in duplicate or according to the number of units);
2. Your identification documents (original and photocopy, such as ID card, household registration book, or residency certificate);
3. If there is a proxy, the "Power of Attorney" must be signed in person and submitted, indicating the entrusted matters, along with a photocopy of the proxy's ID (for example, if the proxy is a practicing lawyer from a law firm, a copy of the lawyer's credentials must be provided; if the proxy is a citizen, a non-fee agency agreement signed with the principal and legal documents regarding the relationship between the proxy and the principal must be provided);
4. Registration information of the employer (such as business license; if the business license cannot be provided, you can check the company's business registration information at the market supervision and management department; in some areas, you can also check the company's business registration information at the labor arbitration site or print relevant information from the National Enterprise Credit Information Publicity System);
5. Evidence proving the disputed facts and evidence proving the existence of the labor relationship between you and the unit (evidence materials include: labor contract (if any), DingTalk records, temporary residence permit, work ID, badge, work card, payroll (slip), employment registration form, deposit receipt, and documents regarding penalties, dismissal, removal, resignation, termination of labor relationship notifications or certificates, or relevant WeChat chat records or phone recordings, etc.). When submitting evidence materials, you should attach one original and one photocopy, and the original will be returned after review;
6. Submit a "List of Evidence Materials" in duplicate.

Tips:

In labor disputes, labor arbitration is a prerequisite procedure, meaning you must first go through labor arbitration. If you are dissatisfied with the results of the labor arbitration or if the labor dispute arbitration committee or labor personnel dispute arbitration court does not accept the case, you can then file a lawsuit. The court will not accept cases filed directly without going through labor arbitration.

(5) Burden of Proof

According to Article 6 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China and Article 44 of the Supreme People's Court's Interpretation on the Application of Law in Labor Dispute Cases (I), in the event of a labor dispute, the party asserting a claim has the responsibility to provide evidence. In the following circumstances, the unit bears the burden of proof:

1. Disputes arising from the unit's decisions to dismiss, remove, terminate, reduce labor remuneration, or calculate the worker's work duration;
2. Disputes arising from the unit's failure to pay labor remuneration or provide labor conditions as agreed in the labor contract, leading the worker to propose termination of the labor contract;
3. Disputes arising from the unit's failure to pay social insurance fees as required by law;
4. Disputes arising from other illegal situations leading the worker to propose termination of the labor contract.

Note:

As the complainant, the worker must provide evidence to prove the basic facts involved in the case (existence of the labor relationship). Otherwise, the labor dispute arbitration agency may refuse to file the case.

(6) Effect of Arbitration

1. If the parties do not file a lawsuit in the people's court within 15 days of receiving the arbitration ruling, the ruling takes effect 15 days after delivery;
2. If a party files a lawsuit against the labor dispute arbitration ruling and subsequently applies for withdrawal, and the people's court approves the withdrawal after review, the original arbitration ruling takes effect from the date the people's court's ruling is delivered to the parties;
3. If a party is dismissed by the people's court due to exceeding the filing period (15 days from receiving the arbitration ruling), the original arbitration ruling resumes its legal effect from the day after the filing period expires;
4. If the arbitration ruling is found to have errors in the subject qualification or the matters ruled do not fall under labor disputes, and the people's court dismisses the lawsuit, the original arbitration ruling does not take effect.