For help, I hope a lawyer can help me answer the question about labor security

Labor Contract Law:

Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

2) Failure to pay labor remuneration in full and in a timely manner;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The probationary period is six months, and a three-year labor contract should be signed. Are you saying that the company has not signed a written employment contract with you? If so, the company has indeed violated the provisions of the Labor Contract Law on the signing of contracts.

However, arbitration on this issue should generally be time-barred for one year. You can call your local labor arbitration authority to ask about local policies. If the statute of limitations is not exceeded, the company should reimburse you for 11 months' wages.

Hello, you hurry up and find a lawyer to write a labor arbitration application to demand the payment of double wages without a written labor contract, because the statute of limitations for labor disputes is 1 year, and if you exceed 1 year, you can no longer claim 11 months of double wages.

1. The provisions of paragraph 4 of Article 27 of the Mediation and Arbitration Law shall apply to the arbitration statute of limitations for disputes over arrears of labor remuneration. However, the statute of limitations for arbitration of wage deduction disputes shall be one year from the date on which the employer expressly refuses to pay the employee's wages in writing.

2. The "relevant departments" in the second paragraph of Article 27 of the Mediation and Arbitration Law refer to labor dispute mediation organizations, labor and social security administrative departments, and petition departments.

3. If a party claims that the statute of limitations for arbitration has been interrupted, it shall bear the burden of proof for its claim.

4. In the event of a labor dispute between a labor dispatch unit or an employing unit and a worker, the parties concerned may apply to the labor dispute arbitration commission at the place where the labor contract is performed, the place where the labor dispatch unit is located, or the place where the employing unit is located.

5. If the parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed, the place where the labor dispatch unit is located and the place where the employing unit is located, the arbitration commission at the place where the labor contract is performed shall have jurisdiction.

6. The place where the labor contract is performed is the place where the actual job of the worker is located.

7. After the labor dispute arbitration commission makes an award, if the parties are dissatisfied and file a lawsuit, the people's court where the labor dispute arbitration commission is located shall generally have jurisdiction.

8. If a worker requests the employer to compensate for the loss of pension, medical care, work-related injury, unemployment and maternity insurance benefits on the grounds that the employer has not paid social insurance premiums for him, it is a social insurance dispute as stipulated in Article 2 of the Mediation and Arbitration Law, and the labor dispute arbitration commission shall accept it.

9. When the applicant applies to the labor dispute arbitration commission for arbitration, it shall provide preliminary evidence to prove that the two parties have an employment relationship. If the application of the parties does not meet the requirements for acceptance of the arbitration, the labor dispute arbitration commission shall explain to the parties and require them to provide or supplement evidence.

10. If one party fails to perform the mediation agreement reached under the auspices of the labor dispute mediation organization within the time limit agreed in the agreement, and the other party applies for arbitration, or after the performance is completed, the party applies for confirmation that the mediation agreement is invalid, the labor dispute arbitration commission shall accept it.

E-Law answers:

1. What standard should be paid for overtime wages, and if there is an agreement between you and you, it should be determined according to the salary standard agreed in the labor contract; If the labor contract does not have a code, it shall be determined in accordance with the overtime wage base agreed in the collective contract; If there is no stipulation in the labor contract or collective contract, it shall be determined in accordance with the wages due to the worker for normal work. At the same time, the overtime wage base shall not be lower than the minimum wage standard stipulated by the city.

2. It is a statutory obligation for the company to pay social insurance premiums, and it is a necessary clause of the labor contract, which is the right and interest you enjoy according to law, so you cannot ask the company to return the social insurance money to you. At the same time, the company only pays pension insurance premiums for you, which is also illegal, you can complain to the social insurance administrative department, and the company will be ordered to make up the payment. As for the unit not paying the housing provident fund for you, you can complain to the housing provident fund management center.

It is recommended to bring the documents to consult with a lawyer in person.

Hello, you don't need to pay him the tuition according to the contract.

1. He didn't use his real name, that is, he was not legally considered a party to the contract, so he asked you for 3,000 yuan in tuition through the law, and the law would not support it.

2. The wages paid are pitiful, I don't know how much, if it is less than the minimum wage, it is an illegal act, if it is far lower than the agreement, this is a breach of contract, at this time, you have the right to resign.

You can report him to the Labor Inspectorate.

If you want to get back at least the legal minimum wage, you can apply for labor arbitration.

If you don't want to work here anymore, apply for labor arbitration to have it pay you overtime.

According to what you said, if there is something wrong with the unit, you can negotiate with the unit or go to the labor and social security department to report it.

Hello, according to your situation, you can reply with the following points:

1.The labor law stipulates that if the working day is eight hours a day, if there are no special circumstances, the overtime wage shall be 150%, and if no compensatory rest is arranged, it will be 200% of the salary, and the overtime work on statutory holidays shall be 300% of the salary.

2.Refer to the wage level of your salary, which should not be lower than the local minimum wage.

3.The company's withholding of the employee's deposit is a clear violation of the relevant provisions of the Labor Contract Law. is an offence.

4.The company's arbitrary wage deduction can be reported to the labor inspection brigade.

I hope it will be helpful to you, and if you have any related questions, you can continue to ask questions.

Regarding your question, the reply is as follows:

1。I was forced to leave, even if I didn't do it myself or the boss fired me, I could sue him. (As long as you don't resign, if they ask you to leave, they will terminate your contract, and you can ask the company to pay you severance payments.) ）

2。I'm going to sue. (Labor dispute arbitration is all to the local labor bureau, if you don't know the address, call 12333 to ask).

3。Is the evidence I have now sufficient? Still need a little more evidence (I only have half a month). (It is basically enough to prove that there is an employment relationship with the company and how much the salary income is.) ）

4。What is the probability of victory? (In this case, the probability of winning is more than 99%)

5。Generally, how long does it take to complete the case (about how many days) (labor arbitration, starting from the time of acceptance, the trial is completed in 45 days.) However, if the employer sues the court, it will take longer. ）

6。Is there a cost to the complaint? Then it's how much you pay, and whether you have to hire a lawyer. (Labor arbitration is free of charge, so you can hire a lawyer without it.) ）

7。How much compensation I can receive. (After half a year of employment and no contract has been signed, from the second month, you can ask for double salary, 5 months * 5,000 yuan.)

You can ask for 25,000 yuan. In addition, if they fire you to leave, it is at least a month's economic compensation of 5,000 yuan).

*Personal suggestion, if the relationship with the employer is not bad, if the boss wants you to leave, you can talk first, let them compensate you some money, and resolve the dispute amicably, maybe it will be better.

Good luck!!

1. Whether the boss forced you to leave, or you don't want to do it yourself, you can complain according to the law.

2. You may file a complaint with the labor department in accordance with the law and request arbitration or mediation. If you are not satisfied with the arbitration, you can also file a lawsuit in the people's court.

3. The evidence you have listed can fully prove the working relationship between you and the employer, and these evidence are sufficient.

4. You have a 90% chance of winning the case.

5. According to the provisions of the Labor Arbitration Law, the labor department shall make a ruling in accordance with the law within 45 days.

6. If you are afraid that your legitimate rights and interests will not be protected, you can hire a lawyer, but in principle, you do not need to.

7. You can claim double your salary.

8. What is displayed in your supplement can be used as evidence.

9. Write an application for arbitration, and then apply to the labor department for arbitration.

1.According to what you said, whether you are forced to leave (of course, this is to be proved by evidence) or you resign and leave, you can apply for arbitration at the labor arbitration commission where the company is located.

2.At the moment you have enough basic evidence. There is a good chance of winning the case.

3.Arbitration is generally concluded within 45 days of the case being filed, and can take up to 60 days. If the employer is not satisfied, it may file a lawsuit, which will take longer.

4.There is no charge for arbitration. The biggest advantage of hiring a lawyer is that you don't have to worry about yourself, and the lawyer will help you think carefully and maximize your benefits.

5.If you can win the lawsuit, you can get 5 months of double wages, which means that except for the first month, the wages of other months will be paid again.

6.If you don't understand, you can ask again.

1. It is said that it was forced to leave, after all, there is no evidence, and it is recommended that if you don't do it, you should resign in accordance with legal procedures; You can sue the company that double wages and compensation should be given to you;

2. Apply for arbitration to the labor arbitration commission where the company is located, and then file a lawsuit with the court if you are not satisfied with the arbitration;

3. Because you haven't seen the evidence at hand, sometimes it's not that you feel enough to reach the probative force required by the law, collect it as soon as possible, the more comprehensive the better;

4. As long as the evidence is sufficient, the arbitration will be won;

5. The arbitration of labor disputes shall be adjudicated within 45 days from the date of acceptance;

6. There is no fee for labor arbitration application. If you are not sure, it is best to hire a lawyer, because the evidence involved in labor disputes is relatively large and fragmented, and it is necessary for professional people to sort out and submit it to the arbitration tribunal in a timely manner, as well as to cross-examine and debate the evidence in the first place;

7. Double wages will be calculated from the second month of actual work; You say that you have to have proof of how much you earn; The specific amount of compensation depends on the specific evidence, and if it is true and sufficient, the claim can basically be fully compensated.

8. You can collect from other angles when you joined the company and how well you were treated, and the bank card can obtain detailed records of the money remitted to you by the other party to prove your salary income and times. It is best to keep the factory uniform when you are at the post, otherwise the factory uniform itself cannot prove that you are an employee of the unit.

9. In addition, in fact, a lot of evidence needs to be comprehensively identified, so it is best to ask a lawyer to help you check it.

1. You can apply for labor arbitration at the labor arbitration commission;

2, same as 1; 3. If possible, the recommender should collect bank vouchers such as: salary card to prove the amount of your salary;

4. If you claim double the difference in wages without signing a labor contract, you will win the lawsuit very much; As for whether you can claim severance or severance payment, it depends on how you terminated the labor contract, whether you signed a resignation form or submitted a resignation letter, what is the reason for resignation, if it is a personal reason, then severance or compensation is hopeless;

5. Labor arbitration for 30 to 45 days; The first instance of the arbitration lawsuit is about 3 to 6 months; 6 months for the second instance; Specifically, it depends on whether the company appeals and whether it adopts delaying means;

6. There is no charge for labor arbitration; The litigation fee of the first and second instance is 10 yuan, which shall be borne by the losing party; If you hire a lawyer, the lawyer's fee is negotiated between you and the lawyer;

7. Be able to get 5 months' salary for double the salary difference without signing a labor contract; Severance or compensation depends on the circumstances.