Is there such a provision in the labor law, and what does the labor law say?

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 6 Where 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Secondly, after the employment relationship is confirmed, the employer may be required to pay back wages for the illegal act of arrears of wages. From the date of employment, double wages are not signed within one month without signing a written labor contract.

Third, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Since it is an employee with extremely bad morals, it is not necessary to pay for 3 months, but the company can definitely issue it after educating it first, and it does not violate the labor law.

The Labor Contract Law stipulates that an employer does not need to pay severance when an employee is dismissed.

Legal analysis: Employees must not work more than 8 hours per day and 44 hours per week. If the number of hours exceeds 8 hours, 150% of the employee's usual salary shall be paid as overtime remuneration, and the maximum overtime work per day shall not exceed 3 hours.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, and generally shall not exceed one hour per day, and if it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the workers, but shall not exceed thirty-six hours per month.

Article 44 Under any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages, 2) if the workers are arranged to work on rest days and cannot be compensatorily off, they shall be paid wages and remunerations of not less than 200 percent of the wages, and 3) if the workers are arranged to work on statutory holidays, they shall be paid wages and remunerations of not less than 300 percent of the wages.

What does the national labor law say? According to Article 36 of the Labor Law of the People's Republic of China, the State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours. Article 37 stipulates that for workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 stipulates that the employer shall ensure that the employee has at least one day off per week. Article 39 stipulates that if an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement the law on other work and rest stools with the approval of the labor administrative department. Article 41 stipulates that due to the needs of production and operation, an employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Article 42 stipulates that in any of the following circumstances, the extension of working hours shall not be subject to the restrictions provided for in Article 41 of this Law: (1) the occurrence of natural disasters, accidents or other reasons that threaten the life, health and property safety of workers and require emergency treatment; (2) Failure of production equipment, transportation routes, and public facilities, affecting production and public interests, and must be repaired in a timely manner (3) Other circumstances provided for by laws and administrative regulations. Article 43 stipulates that an employer shall not extend the working hours of an employee in violation of the provisions of this Law.

If the overtime leader is retired, he can go to the labor inspection brigade to complain, and if there is a dispute, he can also go to the labor arbitration department to file a complaint. Do you understand this explanation?

1. Labor Contract Law

Article 9 When recruiting workers, an employer shall not seize the worker's resident identity card or other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.

Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Article 19 If the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a laborer during the probationary period shall not be lower than 80 percent of the minimum wage for the same post in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card and other documents, the labor administrative department shall order the worker to return it within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation. Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.