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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.
If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
The employer and the employee may terminate the labor contract if they reach an agreement through consultation.
The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
First, there is no way to avoid the discipline of the company, because it is written in your labor agreement.
Second, you do have a broken computer, and if you don't admit it, I don't think it's great, and that's not the main problem.
Third, if you have violated the agreement and terminated the contract, you should be liable for compensation regardless of whether it has caused losses to the company.
So personally, I don't think there is a need to fight a lawsuit, and even if it does, it will be difficult to win.
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In terms of labor law, it is said that only the probationary period is not useful.
This is not right, there is already an employment relationship between you and the company.
Losses to the company due to failure to do work handover.
Fact. The computer is damaged.
Fact. In addition: don't think about going to court, you don't know, it costs 6800 to find a lawyer. )
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Hire a lawyer directly to fight the lawsuit
If they are considered fraudulent, they can also go to the labor bureau to file a complaint
It's best to give yourself a breath of relief
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Just came out to do things, not sensible! You've had a lot of experience after this. Sometimes you need to think about the other person.
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When you go to the relevant departments to sue him, you must safeguard your legitimate rights and interests.
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You can go to the labor bureau and ask.
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Anyway, I think. Individuals can't fight with the company.
In the past, my company had a negative payroll! At that time, the minimum wage in Guangzhou was 800
But many of our colleagues only have two or three hundred. Some even have negative numbers!
Although we were also very popular, we asked our legal friends. He said it was harder. After all, the bosses who can afford to open a company have a certain strength.
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Think about it from another perspective, if you were the boss or executive of a company, how would you deal with this? If you want to leave, you should also hand over your own affairs, although your company's approach is wrong, but your attitude is also a bit out of line. How to deal with this matter depends on your own attitude.
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Legal Analysis: If the employer deducts or defaults on the wages of the employee, the worker may file a complaint with the Labor and Social Security Supervision Brigade against the unit.
Legal basis: Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with 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) Where a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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Legal analysis: If the employer is in arrears of wages at the time of resignation, the employee may apply to the labor dispute arbitration institution for arbitration in accordance with the law, or may file a complaint with the labor and social security supervision agency in accordance with the law.
Legal basis: Article 7 of the Interim Provisions on the Payment of Wages shall be paid on the date agreed between the employer and the employee.
In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 9 Where an employer violates the provisions of the State by defaulting on or failing to pay the remuneration in full, or in arrears in the payment of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.
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In this case, it is best to find some human or physical evidence, find some evidence that can be shown to the other party, and then go to the labor bureau for a ruling. It is not easy for laborers to earn money with their hands. The time to ask for money cannot be delayed, and if you can't discuss it with the boss, you can directly go to the labor inspection brigade or the labor arbitration commission to solve it.
There is no fee to apply for arbitration, and the award is then borne by the respondent.
Legal analysis
Evidence in favor of the worker can be collected as evidenced by whether there are witnesses or written evidence that he has completed the work. When talking to the boss, the worker can use the recording equipment prepared by the operator in advance to record the other party's admission that the worker did the job. It's better to negotiate, if you really can't, the worker has evidence to get to court.
Workers work part-time and use their labor to earn labor compensation. When the worker finishes his work, the boss should pay the worker. This is a labor law that has been agreed upon in ancient and modern China and abroad.
Both sides should strictly adhere to it. However, the amount of remuneration and the time and form of remuneration need to be agreed upon by both parties. Generally, units and individuals can perform the contract as scheduled.
However, the current employment market is chaotic, especially for some small and micro enterprises and contract foremen, because their funds are relatively weak, and the temporary turnover will lead to wage arrears. There are also triangular debts, people owe people, and the upstream funds are not in place, resulting in downstream small bosses or contractors who cannot pay wages. There are also individual small bosses or contractors who owe wages to their workers in order to earn a return on investment or interest.
It's very upset for the workers to encounter this situation. If the demand is invalid. It can be reflected in the relevant labor and social security departments.
Ask them to negotiate a mediation or arbitration settlement. Employees who have not signed a labor contract can get the following remuneration when they resign: 1. Labor remuneration payable by employees; 2. If the labor contract is not signed within one month from the establishment of the labor relationship, the company will pay double the salary within one year according to the law.
Workers can directly file a complaint with the Labor Bureau, or apply for labor arbitration and labor litigation to protect their legitimate rights and interests through the law.
Personal suggestion] In the event of wage arrears, workers should not be afraid of difficulties, but should bravely take up the law and protect their labor rights and interests. When initiating labor arbitration or labor litigation, it is also necessary to pay attention to the submission of relevant evidence to avoid losing the case due to insufficient evidence.
Legal basis
Labor Contract Law of the People's Republic of China Article 69 The parties to a part-time employment may enter into an oral agreement. Workers engaged in part-time employment may conclude 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 is in arrears of wages at the time of resignation, the employee may apply to the labor dispute arbitration institution for arbitration in accordance with the law, or may file a complaint with the labor and social security supervision agency in accordance with the law.
Legal basis: Interim Provisions on Payment of WagesArticle 7:
Wages must be paid on the date agreed between the employer and the employee. In the case of holidays or holidays, payment should be made in advance on the nearest working day. The completion of the work shall be paid at least once a month, and the weekly, daily and hourly wage system shall be paid on a weekly, daily and hourly basis.
Article 9 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, which shall deal with it in accordance with the law.
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Legal analysis: 1. When a party applies for enforcement, it must submit an application for enforcement to the court, explaining the matters, reasons and requirements for the application for enforcement, and provide the bank and property information of the person subject to enforcement as much as possible (not necessary). 2. If the parties are troublesome or do not understand how to apply for compulsory enforcement, they can entrust a person to apply for enforcement on their behalf.
If the entrusting person applies for enforcement on behalf of the client, the signature or seal of the client must be submitted to the court. 3. If you do not know the clues of the property of the person subject to enforcement, you can still apply to the court for compulsory enforcement.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 2 The task of the Civil Procedure Law of the People's Republic of China is to protect the parties in exercising their procedural rights, ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, hear civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the lawful rights and interests of the parties, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.
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