A question about labor disputes. Ask someone to help solve it!

First, the state stipulates that the time from the employee's resignation application to the official departure is not more than 1 month, so if the company asks you to leave after 1 month, it is not illegal, you had better seize the time to do the handover with the company, and you can also leave in advance if you say that you will not be allowed to leave because you have not recruited anyone.

Second, alas, what is the resignation certificate issued by your company, if you are dismissed, you will be compensated, but if as you say, the company says that it is because of your mistakes that cause you to resign, the company may give you dismissal, then if you are fired, the company does not need to compensate, because the labor law stipulates that the company that resigns due to the loss caused to the incumbent unit can not compensate the employee for the loss.

The key to this is that there is a two-sided side to this, and you can say it this or that, so if the company is really difficult for you, you can also solve it through labor arbitration, and I am afraid that it is also for you to negotiate, because you can see that the company actually wants to lay off people, but you made a mistake first, so it is more difficult to do.

1. You'd better not take the initiative to terminate the labor contract, try to negotiate with the new unit, and delay the registration time. Otherwise, according to the provisions of the Labor Contract Law, the employee must notify the employer in writing 30 days in advance if he or she takes the initiative to terminate the labor contract, otherwise it is illegal, and if the employee illegally terminates the labor contract and causes losses to the employer, he or she shall be liable for compensation, and the employer will do everything possible to make up reasons to trouble you.

2. If the employer wants to dismiss you without giving written notice, you can take the initiative to submit an agreement to negotiate the termination of the labor contract and ask the employer to approve and sign. Be aware that in order for your employer to agree to your agreement, you promise to wait until the company finds a replacement for you and the job is handed over before leaving the company.

3. After you get the signed agreement and receive the salary of the month, you can leave.

4. As for the issue of compensation, it is difficult to get it according to your actual situation, and it is very good to be able to get the current month's salary according to the above methods, and the unit will not trouble you.

Ways to Deal with Labor Disputes Disputes arising from differences in labor rights and obligations between the parties to a labor relationship are also known as labor disputes. Some of them belong to disputes over established rights, that is, disputes arising from the application of labor laws and the established content of labor contracts and collective contracts; Some of the disputes that arise in connection with the claim for new rights, such as disputes arising from the establishment or modification of working conditions. How labor disputes are handled.

Negotiate a settlement. Self-settlement through negotiation is the first way for both parties to choose to resolve the dispute. At the same time, it can be used at any time in the dispute resolution process.

The settlement is based on the willingness of both parties, and if the parties are unwilling to negotiate or cannot reach an agreement through consultation, the parties may choose other methods.

Corporate mediation. It refers to the way in which both parties can choose to apply for mediation to the enterprise labor dispute mediation committee. This kind of mediation implements the principle of voluntariness, which is embodied in two aspects: on the one hand, the mediation committee can only accept the case if both parties agree that the dispute will be handled by the enterprise labor dispute mediation committee; On the other hand, the parties can directly apply for arbitration without going through mediation.

In addition, since the mediation committee is mainly composed of representatives of enterprises and trade unions, it is not suitable for trade unions and enterprises to apply for mediation to the mediation committee in the event of a dispute over the performance of a collective contract, and the parties should directly apply for arbitration.

Request for Arbitration. If the two parties fail to reach an agreement after mediation by the enterprise mediation committee, one or both parties may appeal to the local labor dispute arbitration commission. The parties may also apply for arbitration directly without going through the enterprise mediation committee.

It should be noted that there is no legal basis for handling disputes arising from the signing of collective contracts, so such disputes are handled by the labor and social security administrative departments in coordination with relevant parties, and arbitration cannot be applied. In addition to such disputes, labor dispute arbitration is a mandatory procedure for other disputes. In other words, as long as one party applies for arbitration and meets the conditions for accepting the case, the arbitration commission will accept it. If a party wants to sue the court, it must first go through arbitration, otherwise the people's court will not accept it.

Filing a lawsuit. If a party is dissatisfied with the arbitral award, inadmissibility decision or notice of the labor dispute arbitration commission, it may file a lawsuit with the local basic people's court within the prescribed time limit. At present, the court hears labor dispute cases by the civil trial division in accordance with the civil litigation procedures, and the two-instance final adjudication system is implemented.

A court trial is the final procedure for dealing with labor disputes.

Your labor contract is signed by Shenzhen Company A, and if you want to work in the company, B will provide you with salary and social security in the following situations.

1. Company A negotiates with the employee, and transfers the employee's labor relationship to Company B with the consent of the employee;

2. If the employee refuses to transfer to Company B, if A is unable to operate, he can declare bankruptcy and compensate the employee for dismissal;

3. Company A is a labor dispatch company (with dispatch qualifications), which can dispatch employees who have labor relations with A to Company B, and Company A will negotiate who will pay wages and provide social security;

4. Company AB is merged, and the production tools are not changed, but Company A is renamed to Company B - the business license is changed.

I've thought about these points for the time being, and I don't rule out other possibilities;

You have to go to labor arbitration, and save the copy of A's business license, the labor contract between you and A, the salary flow, attendance, the company system, and the company's change notice (stamped official document notice, work group chat information, etc.) first, and it will be useful later!

If you work in this company, but the company does not apply for social security for you, but through another company, then this is a violation of the labor contract, and you can apply to the labor bureau for labor arbitration, asking the company to pay social security for you, or give you compensation.

Individuals pay social security.

How much does it cost for an individual to apply for social security?

First of all, you must clearly know the minimum and maximum payment base of local social security, and many companies generally pay social security to you according to the minimum payment base. In this way, they will give a lot less money, don't think that it is a good thing that you get more wages like this, and your pension treatment will be lower in the future.

The advantage of this method is that it is almost exactly the same as the "employee social insurance" mentioned above, and all five types of social insurance can be renewed.

But all the expenses have to be paid by yourself.

Pension insurance: 14% per unit; 8% for individuals

Medical insurance: 8% for units; 2% for individuals

Unemployment Insurance: Unit48%;Individual.

Maternity Insurance: Unit; Individuals do not need to pay.

Work-related injury insurance: unit4%;Individuals do not need to pay.

On top of that, you'll have to pay a ** fee.

If you are in a city, Resident Social Security is known as Urban Resident Social Security; If you are in a rural area, the resident social security is our common NCMS.

There are only two types of social insurance paid as an individual: endowment insurance and medical insurance, which must be handled at the social security bureau where your household registration is located.

For example, in Beijing's resident medical insurance, children pay 160 yuan per year, the elderly pay 360 yuan per year, and unemployed residents pay 660 yuan per year.

It is recommended that you consult your local social security bureau, after all, there are still differences in policies in different places, and local policies and regulations shall prevail.

1.The transfer of the social security relationship does not mean that the employment relationship is transferred accordingly. The transfer of the social security relationship does not mean that the employment relationship is terminated.

2.If the company does not propose to terminate the labor relationship, the place of work remains the same, the payroll remains the same, and you can continue to work.

Partners in labor disputes can grasp the existing evidence and negotiate with the company first, and the specific negotiation skills are as follows.

1. Prepare relevant evidence (such as pay slips, work documents, attendance sheets, witness testimony, etc.), and present part of the evidence when appropriate, so that the other party knows that you have the other party's handle in your hand. Don't present all the evidence, in case the other party makes a fuss about the evidence you are going to collect;

2. If you cannot negotiate with the employer, tell the employer that you will complain to the labor inspection brigade or apply for labor arbitration;

3. When the result of the negotiation is not much different from the expected effect, you can make a small concession when appropriate to protect your rights and interests as much as possible.

Letters and Visits Office. If the negotiation with the company fails, then the best and most common solution to this situation is to go to the corresponding petition office to complain

In my opinion, it is the termination of the labor contract relationship with Shenzhen Company A.

The employer does not have the right to transfer the relationship such as seniority to another company.

If you do not want to be transferred to Shenzhen Company B, it can be understood that Shenzhen Company A has terminated the employment contract with you, and you can claim double severance payment, that is, severance payment of two months' salary for each year of service.

This is not allowed, the company has violated the labor contract, the labor contract you signed has the company's address and company name and legal representative, one of the changes must be agreed with me to change the contract, otherwise it is a unilateral termination of the labor contract, the company violates the labor contract law, can be held responsible, go to the labor bureau for arbitration and reaction, you can consult a lawyer.

General labor disputes, if the unit in the factory is not very large, you can chat privately, if it involves a large scope, then you can go to the labor bureau to ask the leader to help solve it.

Let me tell you clearly, even if you go to court, people are sentenced to become a lai, and you don't have any assets in your name, and your money will not be returned, which is a normal phenomenon.

You can apply for labor arbitration, and the specific amount of compensation depends on the salary flow.

Rights should be defended before the labor administrative department.

To establish a labor relationship, a written labor contract shall be concluded. 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.

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 signs a 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 salary, and may add friends if necessary.

1. Salary during the probation period.

According to the provisions of the Labor Contract Law, the salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. Therefore, it is against the law for you to go without pay for three days of probationary period.

2. Labor contract issues.

If the employee and the employer establish an employment relationship from the date of employment, the employer shall sign a labor contract with the employee within one month from the date of employment, otherwise the employee shall be paid double wages every month from the second month, up to a maximum of 11 months of double wages. If the labor contract has not been signed within one year, it shall be deemed to have signed an indefinite labor contract.

3. Insurance issues.

The employer shall handle social insurance for the employee in accordance with the law, and the worker has the right to supervise the payment of the fee by the employer.

Pay the workers first, don't ignore their strength, and then call the police immediately.

Hello! According to Article 93 of the Labor Contract Law, "the illegal and criminal acts of an employer that does not have legal business qualifications shall be investigated for legal responsibility in accordance with the law; If a worker has already paid for his or her work, the unit or its contributor shall pay the worker labor remuneration, economic compensation and compensation in accordance with the relevant provisions of this Law; If any damage is caused to the worker, he shall be liable for compensation.

Article 94 stipulates: "Where an individual contracted business recruits a worker in violation of the provisions of this Law and causes damage to the worker, the contracting organization and the individual contracted operator shall be jointly and severally liable for compensation." These two rules warn us to:

The contractor does not have the legal qualifications to operate, and it is illegal to recruit workers; If there is a problem with the contractor, the employer shall also be jointly and severally liable for compensation. Therefore, the contractor is jointly and severally liable to pay the wages to the workers first.

Report the case to the public security organs, and Kenneng is suspected of criminal offenses such as embezzlement or embezzlement.

The contractor shall first pay wages and then recover compensation from the contractor.

If there is no salary card, labor contract and other materials to prove the fact of labor, you can provide the people you work with as witnesses to prove the existence of labor relations and request labor compensation, labor disputes must be arbitrated first, so you must first apply to the arbitration commission for arbitration, and if it is not enforced, apply to the court for enforcement with the arbitration award.

With regard to the arrears of payment, if there is a contract, it shall be in accordance with the contract, and if there is no performance or no agreement, the defendant shall directly file a lawsuit with the basic people's court at the place where the defendant is located.

If the above procedure is not clear, go to your local legal center for consultation and they will provide you with legal services and lawyer** litigation will not scam you out of money.

Employees may not be dismissed during illness See below.

Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".

Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and the number of years he has worked in the unit

1) Where the actual working years are less than 10 years, three months for those who have worked in the unit for less than five years, and six months for those who have worked for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.