Whether it is a violation of labor law to forcibly change the nature of work and threaten not to pay

1. If the employer fails to sign a labor contract, according to Article 82 of the Labor Contract Law, if the employer fails to conclude a written labor contract with the 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.

2. If you resign on the grounds that the employer does not sign a labor contract, you can receive the economic compensation stipulated in Articles 38 and 46 of the Labor Contract Law, and the compensation standard shall be implemented in accordance with the provisions of Article 47: the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit. 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.

3. It is also illegal for the employer to establish the national statutory social insurance, and you can ask the company to supplement the establishment and pay all the relevant expenses. Unpaid wages are also required to be paid.

4. The above requirements, usually the company will not recognize, let alone give you easily, so to claim your legitimate rights and interests, to get your legitimate labor income, you must go to the labor arbitration department to apply for arbitration (no fee), through the award issued by labor arbitration, to the company for compensation, if the company does not pay, you can apply to the court for enforcement.

5. When you arbitrate, you can try to collect some relevant evidence, which is conducive to ruling, and it doesn't matter if you don't, labor dispute cases, according to the relevant laws and regulations of the state, the burden of proof lies with the employer, and you don't have to worry about ordering the employer to show relevant evidence.

6. According to Article 15 of the Labor Law, only those under the age of 16 can be counted as child laborers.

There is already an established work fact, it is impossible not to pay you a salary, because it should not be considered child labor, you can go to the labor office to complain or complain !!

The first is to collect evidence, such as contracts, wage slips, that is to say, proof of your work here, apply for labor arbitration, appeal, in short, on these procedures, you can look at the relevant legal provisions, illegal is certain.

If it is not legal when you do not sign a labor contract, the fault lies with the owner of the Internet café, although you have not signed a labor contract, but your labor relationship has become a fact, so you can go to the labor department to complain.

Obvious bullying, mainly because he is too incompetent.

Upstairs 86132005 it's shameful to copy someone else's reply.

1. The company's forced demotion, BAI demotion, is a violation of the DU Labor Law.

2. Article 17 of the Labor Law of the People's Republic of China The conclusion and modification of a labor contract shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

The remuneration shall be paid in accordance with the labor contract, and if the labor remuneration is to be adjusted, it shall be negotiated by both parties, and it is illegal for the company to unilaterally reduce the labor remuneration, and you can file a complaint with the labor and social security department.

It depends on how you sign the contract. If the salary is indicated, it must be done according to the contract, and the salary cannot be adjusted for job transfer.

If you don't say how much your salary will be fixed in your contract! Then it can't be lower than the legal wage of labor! The company has the right to add or subtract salary.

Profit or promotion of the right to answer: It also depends on your company, if there is a financial management office to pay salary, or ask him whether the salary record above is the only salary you get, if it is different, then he is illegal.

If it's the same, it's not less than the labor law, that's their authority.

You can ask about the reason for the low salary! For example, if you take a leave of absence, get a pay cut, or for various reasons, they have the money to take a pay cut that is not lower than the labor law.

It is not illegal, as long as it is not lower than the local minimum wage.

Forced demotion by a company is a violation of labor law.

The reason for this is that there are specific legal provisions:

Article 17 of the Labor Law shall follow the principles of equality, voluntariness and consensus in the conclusion and change of labor contracts, and shall not violate the provisions of laws and administrative regulations.

The company forces the employee to change jobs, and the employee does not agree, in this case, the company violates China's "Labor Contract Law". The employee can disagree or terminate the labor contract and demand compensation from the company.

One party shall not arbitrarily request a change of the position agreed in the labor contract. Unless the employer and the employee reach an agreement, the content of the employment contract can be changed.

In accordance with the provisions of the Labor Contract Law of the People's Republic of China.

Article 26 The following labor contracts are invalid or partially invalid: (1) by means of fraud, coercion or taking advantage of the danger of others, so that the other party concludes or modifies the labor contract contrary to its true intentions;

Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.

Article 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

Hello, generally speaking, if you want to transfer a job, you must prove that you are not qualified for the job, then you must have a clear performance appraisal system, otherwise it is a violation of the labor law to transfer at will.

If it is purely due to the employee's own work ability, the company should transfer the employee's position, first of all, there must be the reason why he is not qualified for the original job (to do a good job of performance communication, and make good records, but also to give employees the opportunity to improve; Second, consensus is needed. Even if the transfer is agreed through negotiation, the salary cannot be reduced.

The circumstances in which the company can transfer positions and adjust salaries are:

1. The employer and the employee reach an agreement on the transfer of posts and salaries.

2. If an employee is sick or injured not due to work, and is unable to perform his or her original job after the expiration of the prescribed medical treatment period, the employer may arrange another job.

3. If the worker is not competent for the job, the employer may adjust the position of the employee.

4. If there is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability to perform the labor contract, the employer may negotiate with the employee to change the labor contract and adjust the employee's position.

5. Enterprises can change labor contracts and adjust employees' positions when changing production, major technological innovation or adjustment of business mode.

6. If the employee and the employer have signed a confidentiality agreement for the declassification period, the employee's position may be adjusted after the employee submits his resignation.

Answer: Article 35 The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

If the employee does not agree, the employer shall not force the employee to change positions, and if the forced behavior violates the provisions of the labor law, the employee may file a complaint with the labor department and apply for labor arbitration to protect his or her rights. The transfer is a change in the content of the labor contract, which requires the consent of the employee, and the employee has the right to refuse.

Is it illegal for a company to force an employee to change jobs and the employee does not agree to this situation? In fact, this problem is not illegal in the company, because the company has this right, he also has this kind of provisions, within the scope of the company's authority can be transferred to work, the company leaders can do this, whether you agree or disagree, the transfer of positions is possible, the company has the final say, not whether you are willing to go, each employee has a different business arranged by the company's leaders, otherwise it is called the company, then it becomes your own company, if it is your own company, you should also pay the arrangement, So it has nothing to do with human law.

When you enter the company and sign the contract, it says whether you have changed jobs or not! Not breaking the law.

Employees may apply for arbitration if they believe that they have violated the law.

Illicit.

According to Article 33 of the Labor Law of the People's Republic of China, if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

A juvenile worker is a worker who has reached the age of 16 but is not yet 18 years old. It is the main body of labor law, and enjoys the ability to work rights and labor behavior.

Child labor, on the other hand, is under the age of 16 and cannot be the subject of labor law. Article 15 of the Labor Law: "Employers are prohibited from employing minors under the age of 16."

Establishments of literature, art, sports, and special crafts recruiting minors under the age of 16 must follow the relevant provisions of the State, complete the examination and approval procedures, and ensure their right to receive compulsory education. ”

1. Recruiting minors for work violates the labor law;

2. Failure to sign a labor contract violates the labor law;

3. Non-payment of wages also violates the labor law;

1. You can complain and report to the labor inspection brigade of the local county and district labor bureau (human resources and social security bureau);

You can apply to the Labor Arbitration Commission of the county or district labor bureau (human resources and social security bureau) for arbitration, claiming double wages for unsigned labor contracts, as well as wages and late fees.

Recruiting child laborers, not signing labor contracts with workers, and not paying wages on time are all violations of labor law, and you can file a complaint with the local labor department.

Minors are divided into child labor and juvenile labor, and it is illegal for children to be counted as child labor under the age of 16, and juvenile labor between the ages of 6 and 18 is considered a juvenile labor, which is okay if some restrictions are met, but there are some differences in terms of labor intensity and other protections. The behavior of not signing a contract and not paying wages is certainly illegal.

There is no problem in recruiting minors for work. As long as it is not a child laborer, it can be hired.

Failure to pay wages is a serious violation of the law, so why not? Can you tell me?

Contracts can be required to be signed.

The company's practice of not paying pay slips violates the provisions of labor laws!

In accordance with the provisions of the law, the enterprise shall issue a payroll slip and list all kinds of details in the payroll slip, including the deduction of wages.

2) During the period of personal leave, the wages for the number of days shall not be paid. But there are generally 21 to 20 working days a month. One third less is really not normal.

Legal basis: Interim Provisions on Payment of Wages

Article 6 The employer shall pay wages to the workers themselves. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf.

The employer may entrust the bank to pay the wages on behalf of the employer.

The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.

Suggestions: 1) Complain to the enterprise supervisor and explain the basis. I believe that on an effective basis, it cannot be shirked!

2) If they do not budge, it is recommended to file a complaint with the Labor Inspection Division of the Labor Bureau. It is believed that under official pressure, it will make a compromise. Because, if the enterprise deducts wages, it will be fined at least and the license will be suspended or revoked at worst.

The salary slip is just a company that needs to issue the salary details to the employee this month, which plays a role in proof, if there is a correction, this salary slip can prove that you have a proof of income and detailed proof in this company, if it is a discovery gold, the general company does not, if it is issued in the bank, in fact, there is no same, the bank has access records.

No, the world's private companies are in arrears of wages everywhere, and some bosses take the money and run away.

It is the obligation of the employer to pay wages, but the law does not make it mandatory to pay wages.

This violates the provisions of the Labor Contract Law and the Interim Provisions on Payment of Wages. It should be issued at least once a month and must not violate the contract between the parties.

Notice of the Interim Provisions on the Payment of Wages No. 1994 No. 489 Article 7 Wages must be paid on the date agreed between the employer and the employee. ......Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Payment may be deferred unless the following circumstances occur, "Supplementary Provisions on Issues Related to the Interim Provisions on Payment of Wages":

The term "unjustified arrears" as mentioned in Article 18 of the Provisions refers to the employer's failure to pay the employee's wages beyond the prescribed salary payment time without justifiable reasons. It does not include: (1) the employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance; (2) If an employer is truly affected by production and operation difficulties and capital turnover, it may, with the consent of the labor union of the employer, temporarily postpone the payment of wages to the employee, and the maximum limit of the extension period may be determined by the labor administrative department of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation.

In all other cases, wage arrears are unjustified.

If you do not pay your salary on the agreed date, you should pay 25% of the late payment as compensation, and if the salary is delayed and you are not ready to change jobs, you should pay 25% more, which is not good for you.