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You are not responsible, but according to the labor law issued in 2008, you can also get economic compensation in addition to wages.
The reasons are:1. According to Article 7 of the Labor Contract Law, an employer shall establish an employment relationship with an employee from the date of employment.
2.According to Article 38 of the Labor Contract Law, you can unilaterally terminate the employment contract if your employer fails to pay social insurance premiums for you in accordance with the law.
3.According to Article 46 of the Labor Contract Law, you may request the employer to pay one year's severance in accordance with Article 38 of the Labor Contract Law.
However, the premise of all this is that you do not have other provisions of the Labor Contract Law, which provides that if you seriously violate the rules and regulations of the employer, the employer can unilaterally terminate the labor contract without paying severance if you seriously violate the rules and regulations of the employer.
Suggestion: You should look at the labor contract law, so that you can win the arbitration more, and you should also look at the labor dispute mediation and arbitration law in my country.
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Hello! According to what you said, although you and the company have not signed an employment contract, they have formed a de facto employment relationship. You have worked in the company for a total of ten months, you resigned, the manager approved, and you also left, then you just take your salary and leave!
Do you have any other responsibilities? You are not responsible unless you violate the company's regulations, violate your job responsibilities or violate the law during your work.
If the company does not pay you a salary after you leave the company, you can apply for labor arbitration. As for the evidence, it is very simple, 1. The employees of the company can prove that you work in the company!
2. The company's finance should have a salary schedule, and the salary list has a record of your previous salary!
3. There are handover procedures after you leave your job! Someone prove it!
Any of the above three points is easy to promulate. As long as you can prove that you have worked for the company and that your salary has not been paid, the labor arbitration commission can help you get your salary back.
Good luck!
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There is no law to follow, because there is no legal process between the two of you.
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Legal analysis: There is no direct connection between the employer's conclusion of a contract for the non-employee and the employee's resignation.
Failure to conclude an employment contract is a violation of the law by the employer, which is not the same as the resignation of the employee, and the employee should first defend his rights and require the employer to bear twice the salary first. Then, the worker will consider resigning and ask Na Xun a vertical question.
The employer shall be notified three days in advance of the termination of the contract during the probationary period, and 30 days' notice shall be given after the probationary period. Otherwise, the employer may require the worker to pay for the economic losses caused.
Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If 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 pay the employee twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.
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Legal analysis: 1. Although the employer has not signed a labor contract with you, which is illegal, you should still notify the employer 3 days in advance before you can resign;
2. At the same time, you can ask the company to pay double the salary of the double Bi Feng without signing the labor contract.
In any of the following 13 circumstances, the employee may terminate a fixed-term labor contract, an indefinite-term labor contract, or a labor contract with a period of completion of a certain work task with the employer in accordance with the conditions and procedures stipulated in the Labor Contract Law
1. The worker and the employer reach an agreement through consultation;
2. The employee notifies the employer in writing 30 days in advance;
3. The employee notifies the employer 3 days in advance during the probationary period;
4. The employer fails to provide labor protection or working conditions in accordance with the labor contract;
5. The employer fails to pay the labor remuneration in full and in a timely manner;
6. The employer fails to pay social insurance premiums for the employee in accordance with the law;
7. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;
8. The employer uses fraud, coercion or taking advantage of the danger of the employee to make the employee conclude or modify the labor contract contrary to his true intention;
9. The employer exempts itself from statutory liability and excludes the rights of employees in the labor contract;
10. The employer violates the mandatory provisions of laws and administrative regulations;
11. The employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom;
12. The employer violates rules and regulations by directing or forcing risky operations to endanger the personal safety of employees;
13. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
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. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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Legal Analysis]: 1. If you have not signed the grinding contract for more than one month, you can leave immediately after you leave your job in writing, in addition to asking the unit to pay your salary and deposit, you can also claim economic compensation, double payment of work and remorse from the second month, supplementary payment of social security, etc.; The statute of limitations for labor arbitration is one year from the time you leave your job.
2. If the negotiation fails, you can apply for labor arbitration, and the key is that you need evidence of labor relationship with the employer. 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 are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, the social insurance payment record, and the document with your name and official seal, one of which is enough to prove the labor relationship).
Legal basis: Labor Contract Law of the People's Republic of China Article 82 If 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 pay twice the monthly salary to the employee, and if the employer violates the provisions of this Law by not entering into an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.
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According to Article 37 of the Labor Contract Law, an employee may terminate an employment contract by giving three days' notice to the employer during the probationary period. As long as the employer signs the employment contract within one month from the date of the establishment of the de facto employment relationship, it is not illegal to be quiet.
Article 82 of the Labor Contract Law stipulates that if 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 pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude a fixed-term labor contract with an employee without fixed term, it shall pay the employee twice the monthly salary from the date on which the labor contract is concluded without a fixed term.
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According to Article 19 of the Labor Contract Law, "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 term shall be the term of the labor contract", and the so-called temporary contract for the probationary period is a formal labor contract. When the contract expires and the labor contract is terminated, you can inform the company and leave directly.
When you leave the company, you should return the salary you have paid in advance. Article 122 of the General Provisions of the Civil Law provides that if another person obtains improper benefits without legal basis, the person who has suffered losses has the right to request the return of the improper benefits.
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