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Then apply for labor arbitration.
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.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Sue him, if he doesn't give you more than 1 month's salary, you must sue, you go to the local labor department, this is not legal, we taxpayers should use the law! Good luck!
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Do you have a contract?
If there is, look at what the contract says, the contract should indicate that these miners do not need to be dismissed for two days.
Oh, yes. You've only been a miner for two days.
In principle, it is only a verbal warning and deduction of your bonus for the current month and your salary for the day.
sue him, I don't believe it, a unit is so bullish
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To put it irreverently, it seems that the original performance is not very good, otherwise you will be fired after only two days of absenteeism, if it is a private company, it is estimated that the salary and year-end bonus are no play, so find the reason from yourself. You're not happy when I say that, and I don't expect you to give me a share, haha.
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It depends on the labor law.
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If you are absent from work for one day, you can sue him if you don't have three days' wages. If the employee is absent from work and causes losses to the employer, the employer may require the employee to bear the liability for compensation, and if a labor dispute arises between the worker and the employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If they are not satisfied with the arbitral award, they may file a lawsuit in the people's court.
Article 18 of the Interim Regulations on the Payment of Wages.
Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours to those who work in front of the workers;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19. In the event of a labor dispute between an employee and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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Irrational. The Labor Law stipulates that the unit shall pay the full amount of wages to the workers in advance.
If you have a day of work, you can be paid one day's wages.
Absenteeism for one day, that is, the sedan car did not go to work on this day, and it is illegal to deduct a fine of 3 days.
You can apply for labor arbitration for the refund of the over-deduction part of your wages.
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If the employee is absent from work for half a day during the probationary period, it is a serious violation of the rules and regulations of the employer, and the employer may dismiss the employee in accordance with the law, but shall not illegally deduct the employee's wages, and the employer shall pay the employee's legal wages in accordance with the law, and shall not be illegally in arrears. Article 3 of the Labor Contract Law stipulates that 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 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.
The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee. Article 39 An employer may terminate a labor contract under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law. Article 50 An employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the worker's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.
Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference. Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request that the relevant departments handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with the law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.
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If it is not legal, you can negotiate with the company first.
If the handling fails, you can directly go to the local DAO court to sue the company. Deduction of wages for three days for a day of absenteeism is an act of deducting wages, which violates the right of workers to receive labor remuneration and seriously violates the principle of fairness.
According to Article 19 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases:
In accordance with Article 4 of the Labor Law, if the rules and regulations formulated by the employer through democratic procedures do not violate national laws, administrative regulations and policies, and have been publicized to the employees, they may be used as the basis for the people's court to hear labor dispute cases.
According to Article 4 of the Labor Law:
Employers shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.
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Illegal.
According to Article 50 of the Labor Law of the People's Republic of China, the form of wage payment.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
According to Article 77 of the Labor Law of the People's Republic of China, labor disputes are handled.
In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.
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Illegal.
According to Article 50 of the Labor Law of the People's Republic of China, wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
According to Article 77 of the Labor Law of the People's Republic of China, if a labor dispute arises between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.
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This is not legal.
Absenteeism refers to the behavior of an employee who does not show up for work without being approved or failing to complete the leave procedures. In addition to the general administrative punishment and termination of the labor contract, some units will use the method of deducting wages, but it is obviously illegal to deduct three days' wages.
Article 50 of the Labor Law of the People's Republic of China.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
An employee can deduct one day's wages for one day of absenteeism, and three days of deduction is a deduction of the employee's wages.
You can communicate with the company's human resources department first, and if you can't communicate, you can file labor arbitration to solve the problem.
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First, it is not legal.
Absenteeism is deducted three days of wages for one day, which is an act of deducting wages, and DAO infringes on your access to labor.
The right to internal remuneration.
Article 50 of the Labour Law stipulates that "wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
One day's wages should be deducted for each day an employee is absent from work, and the company has the right not to pay one day's wages, and employees can get one day's wages for each day they work. Your company deducts three days' wages, which is equivalent to deducting two more days of your normal work wages, which is suspected of deducting wages.
Second, it is enough to find a court to adjudicate.
If the employer fails to pay the labor remuneration in full and in a timely manner, the employee has the right to terminate the labor contract with the company, and the company also needs to pay additional economic compensation to the employee in such a case, that is, for the company that does not claim the employee's rights, the employee has a reason to terminate the labor contract with the company and obtain compensation, so it is good to go to the court for a ruling.
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1. The provisions are unlawful.
First of all, we can be sure that this regulation of the company is illegal, stipulating that three days of wages will be deducted for one day of absenteeism, which is an act of deducting wages, infringing on the right of workers to receive labor remuneration, and seriously violating the principle of fairness.
The term "deduction" in Article 15 of the Provisions refers to the deduction of the wages due to the employee by the employer without justifiable reasons (i.e., all the labor remuneration that the employer should pay to the employee according to the standard stipulated in the labor contract on the premise that the employee has provided normal work). It does not include the following wage reductions: those that are clearly stipulated in the factory rules and regulations formulated by the employer in accordance with the law and approved by the workers' congress; According to the above provisions, the reduction of wages as clearly stipulated in the factory rules and regulations approved by the workers' congress is not a deduction.
The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the employee the labor remuneration in full and in a timely manner, and deduct one day's wages. However, if an employee's absenteeism directly leads to the company's economic loss, the employee can claim compensation, and it cannot be stipulated as a deduction of wages.
2. The company has no rights.
The company's provision of "deducting three days' wages for one day of absenteeism" violates Article 26 of the Labor Contract Law.
Article 26 of the Labor Contract Law stipulates that: "The following labor contracts are invalid or partially invalid: (1) by means of fraud, coercion or taking advantage of the danger of others, causing the other party to conclude or modify the labor contract contrary to its true intentions; (2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations.
3. How to do it.
What we need to keep in mind is that if the employer fails to pay the labor remuneration in full and in a timely manner, the employee has the right to terminate the labor contract with the company, and the company also needs to pay additional economic compensation to the employee in such a case, that is, for the company that does not claim the employee's rights, as the employee, the employee has a reason to terminate the labor contract with the company and obtain compensation, so it is good to go to the court for a ruling.
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The Labor Law does not specify how much wages will be deducted for each day of absenteeism, but it does clearly state the rights and obligations of both the employee and the employer.
Absenteeism is one of the items stipulated in the relevant contract if the employee fails to perform the relevant contract, and the employer may deduct the employee's wages in accordance with the relevant regulations.
According to the provisions of the Labor Law, absenteeism refers to the situation of not going to work at the employer without reason without applying for leave, which is a kind of failure of the employee to perform his obligations in accordance with the contract. Therefore, the employer can impose a penalty of deduction from wages. In reality, we have also found that many employers have explained the corresponding penalties for absenteeism in their own enterprise systems, and there are also cases where absenteeism for three days is regarded as voluntary resignation of employees.
The specific amount of wages deducted in a day is also clearly stated in the system of the relevant enterprise. If the Labor Law does not deduct the amount of wages for one day of absenteeism, according to the current practice, the employer may not pay wages on the day of absenteeism, and shall not deduct additional wages except for the economic losses caused to the employer.
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