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1. There is no labor contract, but a de facto labor relationship has been formed between you, which is protected by law.
2. You can apply for labor arbitration at the local labor dispute arbitration department.
3. If it is illegal for the unit to collect the deposit, the evidence shall be preserved, and the evidence shall be presented in the arbitration process.
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The landlord said not very clearly, first of all, before collecting the deposit, you should be informed of the purpose of the deposit and the receipt of the deposit, and secondly, under the premise that you have not violated any company's rules and regulations, it is not reasonable for him to unilaterally terminate the contract, that is, the seizure of the deposit and the termination of the contract should give you a clear statement. I think you should understand the reasons clearly, and on the premise of making sure that you are working normally and without negligence, you can apply to the local labor arbitration commission for arbitration.
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Of course, the implementation of the new labor law is a special clause for you, you can go to the labor bureau to consult first!!
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Seek help from the Labor Arbitration Unit of the local Labor and Social Security Bureau (or the Labor Bureau in some cases). In addition, it is illegal for a company to collect a deposit, as you said, this phenomenon should be opened up by disguised recruitment to open up its income channels, the enterprise must not be large or the benefits are not good.
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You can protect your own interests through the law
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You can go to the labor dispute arbitration commission of the district where the unit is located to appeal and ask for arbitration.
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legal means to fight for their rights.
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You go to your local labor arbitration department.
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Yes, as long as there is an employment relationship, it is protected by the labor law, but there is generally no compensation for voluntary resignation, but it is definitely illegal to work for ten years without signing a labor contract, and you can apply for compensation.
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According to the provisions of the Labor Contract Law, if a contract has not been signed for more than one year, it can be regarded as having signed an indefinite contract, which is also protected by the Labor Law. However, if the individual resigns voluntarily, there is no compensation.
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As long as there is an employment relationship, it is protected by labor law. If the labor bureau has not signed a labor contract, the labor bureau will not accept the complaint if the employee does not have a labor contract, but the employee can report to the arbitration commission or the court for resolution. You can go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration
2 copies of the application for arbitration and 1 copy of the applicant's ID card; Copies of relevant evidence and 2 copies of evidence lists.
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Those who have not signed a labor contract and are also protected by law. If the labor contract is terminated illegally, compensation is also required.
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Employees who do not have a Finnish employment contract are also protected by the Labor Law, which stipulates that.
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As long as there is a de facto labor relationship, it is protected by law, and it is illegal for the company not to sign a labor contract, and it is possible to apply for compensation after a certain period of time, as follows:
According to Article 2 of the Labor Law of the People's Republic of China, enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them shall be subject to this Law. Article 82 of the Labor Contract Law of the People's Republic of China stipulates that 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 employment, 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.
Circumstances in which a labor contract is invalid: Article 26 of the Labor Contract Law of the People's Republic of China stipulates that the following labor contracts are invalid or partially invalid: (1) by means of fraud, coercion or taking advantage of the danger of others, causing the other party to conclude or modify the labor contract contrary to its true intentions; (2) Using the veteran defender's unit to exempt themselves from legally-prescribed responsibilities or exclude the rights of laborers; (3) Violating mandatory provisions of laws or administrative regulations.
If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.
Therefore, even if there is no labor contract signed with the company, as long as there is an actual labor relationship, then it is protected by law.
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If no labor contract has been signed, but the following conditions are met at the same time, the labor relationship shall be established and shall be protected by the relevant laws of the Labor Law.
The conditions are as follows: the worker obeys the labor management of the employer, engages in paid labor arranged by the employer, and applies the labor rules and regulations formulated by the employer in accordance with the law; The employer and the worker meet the qualifications of the entity as stipulated by laws and regulations; The labor provided by the worker is an integral part of the employer's business.
According to Article 1 of the Notice on the Establishment of Labor Relations issued by the Ministry of Labor and Social Security.
If the employer recruits a worker without signing a written labor contract, but meets the following conditions at the same time, the employment relationship shall be established.
1) The employer and the worker meet the qualifications of the entity as provided by laws and regulations;
2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the laborers who accept the labor management of the employer and engage in paid labor arranged by the employer;
3) The labor provided by the worker is an integral part of the employer's business.
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As long as there is an employment relationship between the employee and the employer, it is protected by the Labor Law and the Labor Contract Law, so the labor relationship without a written contract is also implicitly protected by the law. If the employer has not signed a written labor contract with the employee, the employee may apply for labor arbitration to demand payment of double wages starting from the second month of employment.
Labor Contract Law of the People's Republic of China
Article 81.
If the text of the labor contract provided by the employer does not contain the necessary terms of the labor contract as stipulated in this Law, or the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections;
If any damage is caused to the worker, he shall be liable for compensation.
Labor Contract Law of the People's Republic of China
Article 82.
If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude a labor contract with an employee for an indefinite period of negotiation, it shall pay the employee twice the monthly salary from the date on which the labor contract for an indefinite period should be concluded.
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1. No labor contract is protected by the labor law. As long as there is a de facto employment relationship between the employee and the employer, it is protected by law. However, if the employee does not have an employment contract, he or she needs to bear the burden of proof to prove that there is an employment relationship between himself and the employer, otherwise the arbitration department will not accept the case.
Legal basisArticle 68 of the Labor Contract Law of the People's Republic of China.
Concept of part-time employment] Part-time employment refers to the employment form in which the average daily working hours of the workers in the same employer do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours.
Article 69.
Labor contract for part-time employment] The parties to the part-time employment may enter into an oral agreement with each other.
Workers engaged in part-time employment may enter into labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.
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If the employer and the employee have not entered into a written labor contract but meet the following circumstances at the same time, the labor relationship shall be established: the employee shall apply the labor rules and regulations of the employer, be subject to the labor management of the employer, and engage in paid labor arranged by the employer; The employer and the employee meet the qualifications stipulated by laws and regulations; The labor provided by the worker is an integral part of the employer's business.
Legal basisArticle 1 of the Notice on Matters Relating to the Establishment of Labor Relations.
If an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances, the employment relationship shall be established.
1) The employing unit and the worker meet the subject qualifications provided for by laws and regulations;
2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;
3) The labor provided by the worker is an integral part of the employer's business.
According to Article 82 of the Labor Contract Law, 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 employment, it shall pay the employee twice the monthly wage. >>>More
It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.
There are the following procedures for concluding an employment contract: >>>More
It is sufficient to submit a written application 30 days in advance, and the company cannot hinder or even deduct the salary for any reason. >>>More
If the college student does not graduate, it is an internship, and the agreement is signed, not the labor contract. >>>More