Is there any compensation for the removal of the counter in the shopping mall, without signing the c

If you do not sign a labor contract, the employer shall pay you double your salary, make up social security and pay economic compensation from the second month. The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 6 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences. Paragraph 2 of Article 39 stipulates that: "If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit."

If the employer fails to provide it within the specified time limit, it shall bear the adverse consequences." Article 13 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from an employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc.

Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings also stipulates that: "In a labor dispute case, the employer shall bear the burden of proof if a labor dispute arises due to the employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc." The Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations stipulates:

The burden of proof shall be borne by the employer for wage payment vouchers, social security records, recruitment registration forms, registration forms, and attendance records."

If you want to fully protect your legitimate rights and interests, it is recommended that you take a look at the Labor Law, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

This is factual work and compensation can be claimed.

Legal analysis: How to compensate employees after the company withdraws depends on the specific situation

1. If the two parties terminate the labor relationship after the company withdraws the cabinet, the company shall pay economic compensation to the employee. If Wei notifies the employee one month in advance, the employee shall be paid an additional month's salary.

2. If both parties agree that the company will arrange other work without terminating the labor relationship, the company does not need to pay economic compensation.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of the employment rotation, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Legal Analysis]: If the shopping mall contract does not expire, you can negotiate with the shopping mall to terminate the contract, and determine whether you need to bear liquidated damages according to the matters agreed in the contract. According to the law, the parties can terminate the contract by consensus.

The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract. If there is an agreement in the lease contract, if there is an agreement to handle it according to the agreement, it shall be seen whether the lease contract can continue to be performed.

The contract can only be terminated when it is truly impossible to continue to perform or when the performance becomes unnecessary. As for the compensation for the early termination of the lease contract, if the lease contract does not stipulate this, if the lessee unilaterally terminates the contract, the lessee shall compensate the lessor for its losses. Generally speaking, if the remaining lease term exceeds 3 months, the compensation amount shall be calculated according to the 3 months' rent, and the compensation amount shall be calculated and paid according to the rent of the remaining lease period if the remaining lease term is less than 3 months.

Legal basis]: Contract Law of the People's Republic of China

Article 562:The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the reasons for one party to terminate the contract with Yinxiangchang. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:In any of the following circumstances, the parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to force majeure, (2) before the expiration of the performance period, one of the parties clearly states or shows by its own behavior that it will not perform the main debt, (3) one of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded, (4) one of the parties delays the performance of the debt or has other breaches of contract, resulting in the inability to achieve the purpose of the contract, and (5) other circumstances stipulated by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Summary. Hello, dear. We're happy to answer your <>

The mall has been in operation for 5 years, and I have not signed a contract with the boss, and I can be compensated for the withdrawal of the cabinet. From a legal point of view, if the two parties terminate the employment relationship after the company withdraws the cabinet, the company should pay severance to the employee.

If the employee is given one month's notice, the employee shall be paid an additional month's salary. If both parties agree that the company will arrange other work without terminating the employment relationship, the company does not need to pay severance payments.

The mall has been working for 5 years, and I haven't signed a contract with the boss, can I be compensated for the removal of the cabinet?

Hello, dear. We're happy to answer your <>

The mall has been in operation for 5 years, and I have not signed a contract with the boss, and I can be compensated for the withdrawal of the cabinet. From a legal point of view, if the two parties terminate the employment relationship after the company withdraws the cabinet, the company should pay severance to the employee.

If the employee is given one month's notice, the employee shall be paid an additional month's salary. If both parties agree that the company will arrange other work to rent the cave and terminate the labor relationship, the company does not need to pay severance and lead money.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional monthly salary: (1) the employee is sick or injured not due to work, and cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) Where there is a major change in the objective circumstances on which the labor contract is based makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.