If you understand labor law, ask some questions about labor law

Hello, I am the HR manager of a company, I am familiar with labor relations, and I have been to labor inspection and labor arbitration many times. Judging from your description, your employer did not respect the rights of your employees well and violated your due rights and interests. You can defend your rights in accordance with the law.

I would now like to express my views on each of these phenomena and problems that you have elaborated.

The first question: the labor law stipulates that employees work 8 hours a day, 40 hours a week, and the excess part of the overtime is required to pay overtime or compensate for overtime (overtime on statutory holidays cannot be compensated for 3 times the salary) You have no rest throughout the year, and the unit does not pay overtime wages, which is a serious violation of the labor law. It is recommended that you go to the labor arbitration tribunal to apply for arbitration (arbitration is free of charge), or you can organize multiple colleagues who have suffered the same injury to apply for arbitration together, and you can still work in the unit after the arbitration, they dare not fire you, if you want to be fired, you need to lose money;

The second question: the labor law stipulates that wages can be paid in the next month, and the wages of the previous month are not allowed to be in arrears, for example, the wages in May will be paid on the last working day in June at the latest, and it is illegal to delay them until July; In principle, the salary slip is to be given to the employee, and the unit considers that it is afraid of labor disputes, so it is not given to the employee, you can ask the unit personnel to ask for the salary slip, and you want what they must give you.

The third question: if the company has a reward and punishment system, it must be in accordance with the reward and punishment system, and the company's leaders change it at will because he violates the regulations, and there is no reasonable reason to ignore it.

Supplement: Article 85 Where an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

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

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

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

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

I hope these opinions of mine can help you, now there are more awareness and ways for workers to protect their rights, and this irresponsible behavior of your unit is detrimental to your interests, I suggest you go to defend your rights, come on!

1.If you want to enjoy double the salary on weekends and triple the salary for national holidays, and the company does not implement it now, the only way out is to complain to the local labor inspection department and apply. 2.

The time for the company to pay wages is generally set by the company; As for the pay slip, it is also one of the company systems. 3.Regarding fines, they belong to the company's rules and regulations, and if something goes wrong, they should be followed.

If you sue you, you may not be able to do it. There should be a pay slip, and it is possible that there is a reason for the delay. The rules and regulations of the unit, this aspect is not too easy to fight for anything, violation, punishment, there is a certain reasonableness.

First of all, congratulations, the probation period has not passed, and more than one month, the new labor law stipulates that the company must sign a labor contract with the employee within one month, and pay the employee's social security and medical insurance and other expenses, that is, more than one month, regardless of whether the employee is at fault, it is the company's fault, now is the time for you to go to the labor and social security arbitration department to apply for arbitration, the whole incident is very beneficial to you. When you apply for arbitration, you will fill in an application form, and the reasons for your application can be reflected: first, the company does not sign a labor contract with you in accordance with the provisions of the national labor law, second, the company does not pay social security and medical insurance for you according to the regulations, and the company does not pay the wages and commissions you receive as agreed. After many negotiations with the company, the company dismissed him as unqualified.

According to your situation, you can get the salary you deserve, including your bonus commission, (how much is your bonus commission, you had better collect relevant information, these information can be provided by yourself, if you really can't provide it, it will be a little disadvantageous to you, of course, you can ask the arbitration institution to ask the enterprise to provide,)).

Second, you can also ask the company to pay you labor compensation, that is, you can get double the salary.

Third, you can also ask the enterprise to pay, equivalent to half a month's economic compensation (it is necessary to explain here that economic compensation and labor compensation are two notable concepts, because the company does not pay social security and medical insurance for you, resulting in your labor relations being affected, you can ask the company to pay you a certain amount of economic compensation), fourth, in accordance with the relevant national regulations, the company will be subject to administrative penalties if it does not pay social security and medical insurance for employees, you can reserve your right to report.

Fifth, your rights protection will definitely be successful, don't worry, if you don't understand anything, you can continue to ask me.

Hello, the probationary period must also sign an employment contract. This month, the company also has to claim compensation for violating the regulations. It is illegal for a company to be in arrears of wages, regardless of how long it lasts.

After the implementation of the Labor Contract Law, the protection of probationary employees has been strengthened compared with before.

1。The law stipulates that the company shall sign an employment contract with the employee within one month from the date of employment, so the company should sign it even if it is in the probationary period;

2。If the company does not pay the salary after the payday and there is no justifiable reason, it is considered to be in arrears of wages;

3。Whether the probationary period has passed or not must have clear and reasonable assessment standards, not just a vague sentence that you have not passed, for your case, you can ask for compensation or reinstatement of labor relations on the grounds that the company illegally dismissed you.

1. Employees' wages cannot be deducted. 2. If your working hours have not changed, it should be calculated as 1,800 yuan per month. If you can't do it, you will go to the labor bureau and sue them.

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

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 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.

First of all, if you do not sign a contract for more than one month, it is already illegal employment, and you can ask for double wages. That is, you can ask for double pay per month.

Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same post in the employer 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.

Your first month's salary must be below the minimum wage. Ask for the difference to be made.

Your arbitration statute of limitations is 60 days, and you will soon apply for arbitration at the labor and social security department, and the statute of limitations will not expire!!

In your case, labor laws and regulations do not apply. This is because both the Labor Law, the Labor Contract Law and other supporting laws and regulations have clear provisions that apply to "workers who have established labor relations".

Basis: Both the Labor Law and the Labor Contract Law are stipulated in Article 2, you can check it out.

You are a college student, you have not yet graduated, and you work in a factory in the summer, so you should be an "intern", so your relationship with the factory is not an employment relationship, so it is not a violation of the labor law, and the "minimum wage" regulations do not apply, let alone a labor inspection report.

If you go to the factory for an internship (according to your words, it is a "part-time job", but in fact, it is an internship), the unit should give the intern money, but it should be noted that this is not a "salary", the salary refers to the remuneration for establishing labor relations, which is called salary, and the name has its own name, which can be called "living expenses", and it is best to call it "internship fee". Let's call it the "internship fee".

The amount of the internship fee will be negotiated between you and the factory. Note that because it is not a labor relationship, the amount of the internship fee is not limited by the "minimum wage standard", and there is no need to go through the recruitment procedures and pay social security with the labor administrative department, etc., and the internship fee can be calculated on a daily or monthly basis, as long as the two parties negotiate well, it will be completed. It is advisable to sign an "internship agreement".

As for what you said, on the issue of deducting money, if it was not stipulated in the "internship agreement" at the beginning, then there is a gap in the law on this issue.

The boss has a bad attitude, this is the boss's character problem, as long as there is no verbal insult or beating, you can't help it, he didn't break the law, and you can't call 110.

After reading your supplementary note, I answered as follows:

If you are a student in school, the law stipulates that you cannot sign a labor contract or establish a labor relationship, which is an internship.

I understand and sympathize with you for being full of resentment now, but the law is the law, even if when you first entered the factory, it was not in the name of an internship, but in fact, you are an intern.

The boss knows this law, but you don't know it, he is chasing the law and using your "cheap labor", and you can only swallow it. Right when you pay for the tuition fees now.

I also hate this boss, but the law is helpless either.

Of course, don't be angry, "Isn't it just that as long as he says, you are an intern, you don't have to pay me anything?" ”。I said, the boss can't be stupid to this extent, don't pay any compensation, and if someone is handled, the boss will definitely pay the payment, but he just deducts the money under the name of making a mistake and pays less.

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!

Personal opinion: You say that you are a college student, or you have not graduated, the labor contract law stipulates that before graduation should be called the internship period, the internship company does not need to pay you salary, when you enter the company, you should negotiate with the company, sign an internship agreement, you can negotiate the internship subsidy. The thing that was said later to deduct money on the grounds of vacation should not be legal,

College students are not allowed to sign labor contracts, and most of the provisions of the Labor Law and the Labor Contract Law are not applicable. At present, there are no special regulations on internships for college students, but in order to protect their legitimate rights and interests, they must sign an internship agreement with the unit. I can only suggest that you consult the labor department, and the others really can't help.

Collect evidence to apply for labor arbitration. Grasp the wage algorithm and well below the minimum legal wage.

Hello! This responsibility is borne by B.

1.Article 24 of the Regulations on the Administration of Work Safety in Construction Projects stipulates that: "Where a construction project is contracted for construction, the contractor shall be responsible for the safety production at the construction site. ”

2.Article 45 of the Construction Law of the People's Republic of China stipulates that "the construction unit shall be responsible for the safety of the construction site.

Where construction contracting is carried out, the contracting unit shall be responsible. The subcontractor shall be responsible to the contractor and obey the general contractor's safety production management on the construction site. ”

If B is a regular company, the worker will go to the work-related injury appraisal, and the social security will reimburse part of it.

If B is not a regular company, B is at fault in the first place, and A is therefore liable for the corresponding fault.

Here's a formal way to solve the problem:

The relationship between A and B is that of contracting and contracting, and there is no direct employment relationship between A and the worker.

In the case where A is not at fault (the construction environment is fine, the materials provided are fine), the final result (preferably mediation) is likely to be that B bears the majority and A bears a small part.

B may also be liable for all other faults.

If the worker is at fault himself, he may be liable for a part.

First of all, A contracts the house repair project to B, and the relationship between A and B is a civil relationship; The relationship between B and C is an employment relationship. Therefore, there is no employment relationship between A, B and C, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (adopted at the 1299th meeting of the Adjudication Committee of the Supreme People's Court on December 4, 2003) shall apply, Article 11: Article 11 The employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities.

If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.