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Yes! All you need to prove is that your friend has worked without a contract! If you are a part-time employee (generally referred to as an hourly worker), you can't sue, if not, you can sue, as long as you have evidence of working in this factory, such as pay slips, etc., sue him so that the factory can make up your double salary since January 08 and sign a labor contract to pay social insurance.
If he does not want to sign the contract to terminate your labor relationship, he will also pay additional compensation and compensation, which will be determined according to the time you have worked in the factory, and the compensation will be twice the compensation. As long as you have the relevant people to prove that you work in that factory, you are fine. Then it is whether the information you provide is true, and if it is true, you can ask the factory to compensate you for two months' wages.
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Yes, you can have a pay slip, or a slip from any company, that proves that you worked there.
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It depends on the situation, you have to have enough evidence to prove that you worked in that factory, if there is no human and physical evidence, then you can only consider yourself unlucky......
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Why didn't I get it?
You say your friend was fired without cause? Who is that "she"?
Give your work to "her" to do? That means that "she" was not fired, but you were fired? What does that have to do with your friends?
To dismiss you, why invite "her" relatives? Complex!
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If you don't have a pay slip, you can also use an attendance certificate or a personal ID card.
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Go to the labor arbitration department.
It's really not good, see you in court!
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Private processing plants dismissed employees without cause and without signing contracts. He also said that I should go to the labor bureau.
Labor cases can be handled by themselves, regret in the hands can also win, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me! 1. Because the employer violated the law first, you can leave immediately after you leave the job in writing, and ask the employer to pay you the arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year! 2. The premise is that there is evidence to prove the labor relationship!
For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service can be done), audio and video recordings or other documents with your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one of which is sufficient to prove the labor relationship), Pei Zhaogong's official salary, attendance and other evidence kept by the employer shall be subject to the "principle of reversal of evidence". The employer bears the burden of proof; 3. Applying for labor arbitration is very simple: bring the labor arbitration application, a copy of your ID card, relevant evidence, and industrial and commercial registration information, and then go to the local arbitration commission to apply for a case! After the case is filed, you go to find a new job, and you don't delay anything!
Legal basis: Labor Contract Law: Article 10 A written labor contract shall be concluded 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 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 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.
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Summary. <>
Analyze <> from a legal point of view
If the factory does not sign a contract, you can sue if you are dismissed. You can sue him, the details are as follows: 1. If the employer refuses to sign a labor contract with the employee, the employer shall compensate the employee for double wages.
2. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract. If the employer does not conclude an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date of conclusion of the indefinite-term labor contract. 3. If the employer refuses to conclude a labor contract with the employee and dismisses the employee later, it shall compensate the employee with economic compensation, and if it is an illegal dismissal, it shall pay economic compensation to the employee.
If the factory doesn't sign a contract, can I sue if I am dismissed?
Analyze <> from a legal point of view
If the factory does not sign a contract, you can sue if you are dismissed. You can sue him, the details are as follows: 1. If the employer refuses to sign a labor contract with the employee, the employer shall compensate the employee for double wages.
2. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed to have entered into an indefinite labor contract between the employer and the employee. In this case, if the employer does not conclude an indefinite term labor contract with the employee, it shall pay the employee twice the monthly salary from the date of conclusion of the indefinite term labor contract. 3. If the employer refuses to conclude a labor contract with the employee and dismisses the employee later, it shall compensate the employee with economic compensation, and if it is an illegal dismissal, it shall pay economic compensation to the employee.
Legal basis<>
Article 6 of the Regulations for the Implementation of the Draft Labor Contract Law stipulates that if an employer fails to sign a labor contract with an employee, it shall pay double wages for a maximum of 11 months, and if the labor contract has not been signed within one year from the date of employment, the two parties shall be deemed to have entered into an indefinite labor contract. Article 48 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, the employer shall pay compensation if the employee does not request to continue to perform the labor contract or the labor contract cannot be continued to be performed.
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