In 2022, some laws and regulations related to the rights and interests of workers will be implemented and will affect your and my life—— @ Workers, these new rules help you solve your worries What assistance can the law provide when workers encounter the dilemma of safeguarding their rights? Respecting scientific and technological innovation, how can the law stimulate the innovation vitality of scientific and technological talents? How can new employees protect their privacy without violating the principle of good faith? How can the law help migrant workers who can't get hard money to ask for pay? How can the trade union provide legal aid to workers in new employment forms such as express brother and online car Hailing driver? At the beginning of 2022, some new laws were implemented, and the reporter captured many provisions related to the rights and interests of workers. Endow scientific and technological personnel with ownership of achievements How do researchers get rid of the red tape and how do female scientific and technological personnel make career planning... How can the scientific and technological progress law of "overhaul" again after 14 years answer the grand proposition of the times and pay attention to individuals in scientific and technological innovation? On January 1, 2022, the revised law on scientific and technological progress came into force. The new law makes it clear that those who use their functions and powers to suppress, crowd out or create difficulties for scientific and technical personnel shall be punished according to law. Improve the training, evaluation and incentive mechanism for female scientific and technological personnel, and care for female scientific and technological personnel during pregnancy and feeding. In view of the heavy transactional burden of scientific and technological personnel, the revised law on scientific and technological progress stipulates to improve the management system of scientific and technological personnel, enhance service awareness and guarantee ability, simplify management process, avoid repeated inspection and evaluation, reduce the burden of project application of scientific and technological personnel, and ensure scientific and technological personnel's scientific research time. The new law fully reflects the experience and achievements of China's reform and development in the field of science and technology. For example, "it is stipulated to promote the reform of intellectual property ownership and equity distribution mechanism, explore the system of giving scientific and technological personnel the ownership or long-term use right of post scientific and technological achievements", and "encourage scientific research institutions to encourage scientific and technological personnel by means of equity, options and dividends". The revision also defines the national highest science and Technology Award and other awards. The national highest science and technology award was officially established in 2000 and is the highest honor in China's scientific and technological circles. As of November 2021, 35 outstanding scientists have won the award. You can query the criminal records of employees and proposed employees The reporter saw a help post in the post bar of a website: in September 2016, Zhao invested a lot of money to establish an antique shop. In order to ensure the safety of the store's assets, Zhao stipulated that the store would not employ personnel with criminal records. On how to do this, the HR manager believes that when recruiting new employees, employees are required to sign a letter of guarantee to ensure that they have no criminal record. But Zhao believes that this has little effect. In order to get a job, what should job seekers do if they fill in the form? To this end, Zhao posted for help. In fact, Zhao is not the only one with such questions. Many netizens have questions about this: can the company's human resources specialist query the criminal record of new employees when they enter the company? How can a worker with a criminal record not violate the principle of good faith but also legally protect personal privacy when applying for a job? In the future, there will be legal norms on this issue. The provisions on public security organs handling criminal record inquiry formulated by the Ministry of public security shall come into force on December 31, 2021. The regulations specify that the employing unit can query the criminal records of employees, but only limited to the positions where the persons to be queried will engage in the prohibited employment. For personal inquiry, if the applicant has a criminal record but is under the age of 18 at the time of committing the crime and is sentenced to a penalty of not more than 5 years' fixed-term imprisonment, the accepting unit shall issue a certificate of no criminal record. For the unit inquiry, if the inquired object has a criminal record but is under the age of 18 at the time of committing the crime and is sentenced to a penalty of not more than 5 years of fixed-term imprisonment, the accepting unit shall issue the inquiry notification letter and specify that the inquired object has no criminal record. Where there are other provisions of the law, such provisions shall prevail. The regulations point out that if the enterprise's entry materials have criminal records and the employee has filled in false non criminal records, the employer can terminate the labor contract according to violation of integrity and entry fraud, but if it is not required to fill in at the time of entry, there will be a certain legal risk in terminating the labor contract. Arrears of migrant workers' wages or entering the "blacklist" of dishonesty At the end of each year, the problem of migrant workers asking for salary will attract attention. According to the Interim Measures for the administration of the list of Joint Disciplinary objects for defaulting on migrant workers' wages and dishonesty formulated by the Ministry of human resources and social security, from January 1, 2022, employers may enter the "blacklist" of dishonesty if they withhold and default on migrant workers' wages without reason. In the future, if the employer withholds or defaults on the wages of migrant workers without reason, which reaches the standard for the determination of the crime of refusing to pay labor remuneration, or causes mass events and extreme events due to the illegal act of defaulting on the wages of migrant workers, resulting in serious adverse social impact, the administrative department of human resources and social security shall order the payment of wages within a time limit according to law, and fails to pay within the time limit, The employer and its legal representative and other relevant responsible personnel will be included in the list of joint punishment for dishonesty. The relevant person in charge of the labor and Social Security Supervision Bureau of the Ministry of human resources and social security said that the Joint Disciplinary Measures for dishonesty are the "teeth" of the management measures, which are very important for punishing and educating dishonest objects, safeguarding the wage rights and interests of migrant workers and improving the efficiency of labor and social security supervision. Once included in the list, the human resources and social security department will transfer the list of relevant employers to the credit information sharing platform, and the relevant departments will jointly punish the illegal and dishonest in terms of government financial support, government procurement, bidding, financing and loan, market access, tax preference, excellence evaluation, transportation and other aspects in accordance with the law and regulations, with a maximum period of up to three years, making it difficult for them to do anything, It also serves as a warning and deterrent to all kinds of employers. In order to prevent over correction and encourage the illegal and dishonest parties to take the initiative to correct errors and reshape their credit, the administrative measures stipulates that the credit can be repaired and give the parties the opportunity to reform and move out in advance. Safeguarding the rights and interests of workers in new forms of employment In recent years, the number of new forms of employment such as truck drivers, online car Hailing drivers, couriers and takeout distributors has increased significantly, and profound changes have taken place in the form of enterprise organization and the mode of employment of workers. The newly revised Trade Union Law shall come into force on January 1, 2022, which stipulates that trade unions shall adapt to the development and changes of enterprise organization form, staff structure, labor relations and employment form, and safeguard the rights of workers to participate in and organize trade unions according to law. In addition, improve the basic responsibilities of trade unions, from "safeguarding the legitimate rights and interests of employees" to "safeguarding the legitimate rights and interests of employees and wholeheartedly serving the masses of employees"; Expand the coverage of grass-roots trade unions and make it clear that workers in social organizations have the right to participate in and organize trade unions according to law; Do a good job in connection with relevant laws, and make it clear that the Federation of trade unions at or above the county level can provide legal assistance and other legal services to their trade unions and employees according to law. Legal aid warms more workers The legal aid law shall enter into force as of January 1, 2022. The legal aid law takes "labor dispute mediation and arbitration agency" as a new form of legal aid, and adds "rules" as the basis for expanding the form of legal aid. Expand the scope of assistance in civil and administrative law, including adding "confirmation of labor relations" to the matters applying for legal aid. It is reported that the original provisions were "requesting payment of labor remuneration". Now, the "request for confirmation of labor relations" is added on the basis of "request for payment of labor remuneration". It is reported that among the civil legal aid cases approved by the legal aid institutions of the judicial administration department, according to the data in 2020, there are about 740000 cases, of which about 320000 cases involve "requesting payment of labor remuneration". (reporter Zhou Qian) (outlook new era)