Is it legal to ask for legal aid, there is no guaranteed salary and only commission?

Updated on society 2024-02-09
24 answers
  1. Anonymous users2024-02-05

    Let's start with the latter question. Resignation does not allow you to cash out the company's shares, which are the property of the company and you will only receive a proportional share, or if someone intends to buy them** (in accordance with the statutory period).

    It is definitely illegal not to sign a contract. Since he has worked for three months and has been paid, the employment relationship must be established. The boss violates the contract law and will be punished by law.

    There is no such thing as a guaranteed salary, as long as your monthly income exceeds the minimum security line, it is legal. For example, some people have a guaranteed minimum salary, but their monthly income is more than 10,000 yuan, which is also in line with the labor law.

    You can apply for labor arbitration on the grounds that the employment contract has not been signed.

  2. Anonymous users2024-02-04

    Since you have agreed on a guaranteed salary when chatting online, you can claim it, and since you have not signed a contract, you can also claim double the salary after the first month. As for the issue of shares, if the intentions of both parties are true, you can claim it, and you can do it.

  3. Anonymous users2024-02-03

    Illegal. The salary cannot be lower than the local minimum. Jiangsu Xuanbo Law Firm.

  4. Anonymous users2024-02-02

    Illegal, there is a minimum standard for wages, and the salary given to you cannot be lower than the local minimum standard, it is recommended that you ask the labor arbitration department.

  5. Anonymous users2024-02-01

    Go directly to labor arbitration and call 114 to inquire about local arbitration. It is then accompanied by arbitration to negotiate with the company.

    Because you constitute a de facto employment contract, and you have chat records.

    will achieve the results you want.

    First of all, we will talk about wages, then we will talk about compensation, and finally we will talk about shares.

    Put forward your requirements, it's okay to be high, and then just negotiate slowly.

  6. Anonymous users2024-01-31

    Even if there is only a commission, the salary offered cannot be lower than the local minimum wage.

  7. Anonymous users2024-01-30

    I don't know what you are referring to in this service industry, but what kind of salary standards are implemented, whether there is a guaranteed salary should be performed in accordance with your labor contract, you have to pay attention to see if you have signed a labor contract, this is a big problem, if there is no labor contract, once you work when you cause **, then there is no guarantee, as for the deduction of wages, the company must have a management system, and it is not illegal to implement it according to the system.

  8. Anonymous users2024-01-29

    Of course not, as long as he dares to detain indiscriminately, you will collect evidence and go to the labor and social security department to sue him.

  9. Anonymous users2024-01-28

    You have to keep the evidence, even if it is not legal, you have to sue him for sufficient reasons and evidence.

  10. Anonymous users2024-01-27

    If you feel it's not legal, you don't do it. Change bosses again. Sooner or later, you can get a good boss. A man moves to live, and a tree moves to die.

  11. Anonymous users2024-01-26

    If it is a full-time job, it is not legal.

    According to Article 7 of the Interim Provisions on Payment of Wages, wages must 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.

  12. Anonymous users2024-01-25

    You think that you can get a commission through your efforts, and the commission can meet your requirements, then it is appropriate, you get a commission here, and you think about the guaranteed salary there, then you think about whether the minimum guarantee without effort can meet your requirements, it's that simple.

  13. Anonymous users2024-01-24

    Legally, such a salesman is equivalent to a distributor, distributing the company's products. Affiliation under the name of the company to do their own thing.

  14. Anonymous users2024-01-23

    It's not up to the company to decide whether it's legal or not, but there should be a guaranteed salary. Otherwise, if you don't get the business, won't you have a salary?

  15. Anonymous users2024-01-22

    Hello; Most of them are governed by reference to the Civil Servants Act. Not a civil servant. But the treatment is already good. If it is a newcomer, there is a salary to open. The retirement package is also good.

  16. Anonymous users2024-01-21

    I don't know what you mean by legal aid lawyer. In our city, there are two types of legal aid lawyers, one is a legal aid lawyer who is registered with a legal aid agency, and the other is a registered professional lawyer in a lawyer's office. The first can only accept legal aid cases, and cannot be used in ** other cases.

    When these two types of lawyers handle legal aid cases, after the case is concluded, the legal aid institution will issue case-handling subsidies in accordance with the relevant provisions on the management of provincial and municipal legal aid funds. In addition, if you are a civil servant, have passed the judicial examination, and are registered as a legal aid lawyer with a legal aid institution, our legal aid lawyer here only has the salary of a civil servant, and does not receive a separate case-handling allowance.

  17. Anonymous users2024-01-20

    Generally, no, because the salary of a legal aid lawyer is funded by **, and does not involve the size of the subject matter of the lawsuit, so there is no commission, and you can consult the local legal aid agency for details.

  18. Anonymous users2024-01-19

    Unless the person is in a very poor position to pay the legal fees and legal fees, the person may apply for legal aid. However, legal aid also has its strict provisions, which are attached to the Regulations as follows:

    The Legal Aid Regulations stipulate that the conditions that an individual needs to meet to apply for legal aid are:

    1. There are sufficient reasons to prove that legal assistance is really needed to protect their legitimate rights and interests;

    2. The aid recipient is unable to pay part or all of the legal service fees due to financial difficulties. Among them, those in rural areas are the recipients of social assistance; The income of their family members in cities and towns does not exceed the minimum subsistence allowance line stipulated by the city, and there is no other economic income.

    3. The application is within the scope of legal aid.

    The so-called scope of the case.

    Articles 10 and 11 of Chapter 2 of the Legal Aid Regulations stipulate that citizens who have the following matters and have not retained a person or defender may apply for legal aid or have a defense appointed by the people's court:

    1) Requesting state compensation in accordance with law;

    2) Requests for social insurance benefits or minimum livelihood security benefits;

    3) Requests for the payment of bereavement pensions or relief funds;

    4) Requests for alimony, child support, or alimony;

    5) Requests for payment of labor remuneration;

    6) Asserting civil rights and interests arising from acts of righteousness and courage;

    7) The criminal suspect has not retained a lawyer due to financial hardship after being questioned for the first time by the investigating organ or from the date on which compulsory measures are employed;

    8) Victims in public prosecution cases, as well as their legally-designated persons or close relatives, have not retained a litigator due to financial hardship since the date on which the case was transferred for review for prosecution;

    9) The private prosecutor in a private prosecution case and his legally-designated ** person, since the date on which the case is accepted by the people's court, have not retained a litigant due to financial hardship;

    10) In cases where a public prosecutor appears in court for public prosecution, and the defendant has not retained a defender due to financial hardship or other reasons, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid;

    11) Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, or where the defendant might be sentenced to death but has not retained a defender, the legal aid institution shall provide legal aid when the people's court appoints a defense for the defendant, and there is no need to conduct a review of the defendant's financial status.

  19. Anonymous users2024-01-18

    1. If the wages are in arrears, you can complain to the security supervision brigade of the labor department, or you can directly apply for labor arbitration.

    First of all, you should go to the labor bureau in the city where you are located to file a complaint against your company, and the labor inspection brigade will file a case and leave your basic information. Then go to your company to investigate and find out that the matter is true, they will come forward to mediate, and warn you that the company's behavior has violated the labor law, and they will enforce it if they encounter a company that refuses to implement it.

    Wage arrears are a common problem that you can solve by:

    1. Report to the labor administrative department (usually the labor management inspection brigade).

    2. You can also apply for arbitration directly (the arbitration fee is 200-300 yuan, and if you win, the company will bear all of it).

    3. If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration document.

    4. In accordance with the provisions of the state, in the event of arbitration or litigation, you may request that in addition to the full payment of the wages and remuneration of the employee within the prescribed time, an additional severance equivalent to 25% of the wages and remuneration shall be paid.

    Article 3 If an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the employee wages for extended working hours, it shall pay the wages and remuneration equivalent to 25% of the wages and remuneration in addition to the full payment of the wages and remuneration of the employee within the prescribed time.

  20. Anonymous users2024-01-17

    1. There is no contract, there are other legal certificates that can prove the labor relationship, and 2. The law does not stipulate that wages are counted as one day.

    3. Report to the local labor inspection brigade or detachment, it will be solved, I hope my opinion can help you.

  21. Anonymous users2024-01-16

    1. If you take personal leave, the employer may not pay the salary during the leave, so it is reasonable and legal to deduct part of the salary according to the attendance rate;

    2. If the leave is maternity leave, breastfeeding leave, marriage leave and other statutory holidays and holidays, the employer cannot deduct wages and benefits on the grounds that the employee has not paid actual labor;

    3. As for the failure to agree on the minimum wage, which violates the relevant provisions of the Labor Contract Law and the Minimum Wage Regulations, the labor contract signed between the employer and the employee shall have wage clauses, and the agreed wage shall not be lower than the local minimum wage standard.

    4. If labor arbitration or litigation is involved, in the case of personal leave, the labor arbitration institution or the court will calculate whether the withheld wages are excessive based on the conversion of the average salary before the employee applies for labor arbitration.

    Legal basis: 1. Labor Law of the People's Republic of China

    Article 19 [Form and Clause of Contract] The labor contract shall be concluded in writing and shall have the following clauses:

    4) remuneration for labor;

    2. Labor Contract Law of the People's Republic of China

    Article 17 The labor contract shall have the following clauses:

    6) Labor remuneration;

    3. Minimum Wage Regulations

    Article 3 The term "minimum wage standard" as used in these Provisions refers to the minimum labor remuneration that an employer shall pay in accordance with law on the premise that a worker provides normal work during the statutory working hours or the working hours agreed in the labor contract signed in accordance with the law.

    The term "normal labor" as used in these Provisions refers to the labor performed by workers during the statutory working hours or the working hours agreed in the labor contract in accordance with the provisions of the labor contract signed in accordance with the law. Workers who are entitled to paid annual leave, family leave, marriage and funeral leave, maternity (maternity) leave, birth control surgery leave, and other leave periods prescribed by the state, as well as the period during which they participate in social activities in accordance with the law during the statutory working hours, shall be deemed to have provided normal work.

    Article 12 Under the circumstance that the worker provides normal work, the wages payable by the employer to the worker shall not be lower than the local minimum wage standard after excluding the following items:

    1) Wages for extended working hours;

    2) Allowances for special working environments and conditions such as middle shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful;

    3) Workers' welfare benefits as stipulated by laws, regulations and the state.

    Employers that implement piecework wages or commission wages and other forms of wages shall, on the basis of scientific and reasonable labor quotas, pay wages to workers that are not lower than the corresponding minimum wage standards.

    The provisions of this article do not apply to the failure of a worker to provide normal work during the statutory working hours or during the working hours stipulated in the labor contract signed in accordance with the law due to his own reasons.

  22. Anonymous users2024-01-15

    First of all, it is illegal for BAI to have no guaranteed salary, and it is recommended that ZHI can maintain the right to defend the DAO through the following ways:

    Find an employer to make a return.

    business, ask the other party to answer to make legal corrections, if the negotiation is fruitless, you can choose other ways;

    If the negotiation with the employer fails, the applicant may submit an arbitration application to the local labor arbitration department;

    If arbitration and mediation fail, they can protect their rights and interests through legal channels.

  23. Anonymous users2024-01-14

    Legal aid attorneys are not entitled to fees and commissions.

    The most important feature of legal aid lawyers is that they are pro bono. In other words, as long as you are engaged in legal aid services, you cannot charge a lawyer's fee. After accepting the appointment of a legal aid institution, a social lawyer cannot collect lawyer's fees for the assigned assistance case.

    Full-time legal aid cannot provide any paid legal services to the public.

    Legal Aid Ordinance

    Article 26.

    In any of the following circumstances, legal aid institutions and their staffs are to give disciplinary sanctions to the directly responsible managers and other directly responsible personnel in accordance with law:

    1) Providing legal aid to persons who do not meet the requirements for legal aid, or refusing to provide legal aid to persons who meet the requirements for legal aid;

    2) Receiving property in handling legal aid cases;

    3) Engaging in paid legal services;

    4) Embezzling, privately dividing, or misappropriating legal aid funds.

    The judicial administrative departments are to order the return of property collected in the handling of legal aid cases; Unlawful gains from engaging in paid legal services are to be confiscated by the judicial administrative departments; Where legal aid funds are embezzled, privately divided, or misappropriated, the judicial administrative departments are to order them to be recovered, and where the circumstances are serious and constitute a crime, criminal responsibility is to be pursued in accordance with law.

  24. Anonymous users2024-01-13

    The lawyers assigned by the legal aid center are free of charge, and there is no possibility of charging fees, let alone commissions. If a legal aid lawyer charges a fee, you can file a complaint with the Legal Aid Centre.

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