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If the boss has violated the law, you can report it to the local labor inspection department or apply for arbitration.
1. If you have not signed a labor contract, you can request the employer to pay double wages and economic compensation in accordance with Article 82 of the Labor Contract Law;
2. According to Article 37 of the Labor Contract Law, you can terminate the labor contract without compensation if you notify the employer in writing 30 days in advance;
3. If it is illegal to pay wages in full, you have the right to request the employer to pay economic compensation according to Article 46 of the Labor Contract Law;
4. If you have not paid social security, you can ask the unit to make up the payment;
Legal basis: Article 82 of the Labor Contract Law 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.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
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First of all, the company did not sign a contract with you, the company is responsible, the labor law clearly stipulates that the employee must sign a labor contract, and the probation period is not well discussed, and the probation period is also tacitly passed for up to three months, so as to safeguard their legitimate rights and interests.
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If the unit is in arrears of wages, does not pay wages, or deducts wages, you can call 12333** to complain and report, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint directly with the Labor Bureau's Inspection Brigade.
If the employer fails to pay the labor remuneration on time, the party concerned can also apply for the termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
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If an employee resigns, the employer cannot deduct the employee's remuneration. A written labor contract shall be signed within one month from the date of employment, and if the labor contract is not signed for more than one month, the employer shall also pay double wages for more than one month but less than one year. Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded for the establishment of an employment relationship.
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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker 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 have been concluded.
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It's very simple, just go directly to arbitrate them, and if you don't sign a contract, they will accompany you with double salary.
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1. If you have not signed a labor contract, you have the right to request the employer to pay double wages and economic compensation according to Article 82 of the Labor Contract Law;
2. According to Article 37 of the Labor Contract Law, you can terminate the labor contract without compensation if you notify the employer in writing 30 days in advance;
3. If it is illegal to pay wages in full, you have the right to request the employer to pay economic compensation according to Article 46 of the Labor Contract Law;
4. If you have not paid social security, you can ask the unit to make up the payment;
5. If the unit refuses, it can apply for labor arbitration.
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I go to work in Changsha, I just talk about it, I don't have a contract, the salary is too small, I want to leave my job, the boss wants to deduct my salary, what should I do.
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Legal analysis: If you resign and your salary is deducted, you can go to the inspection brigade of the local labor bureau to complain. If the complaint is ineffective, you can apply for labor arbitration, and if you are not satisfied with the award, you can also file a lawsuit with the local people's court and apply for a payment order.
Legal basis: Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.
Article 47 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of its issuance
1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;
2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.
Article 10 of the Regulations on Labor Security Supervision The labor and social security administrative departments shall carry out labor security inspections and perform the following duties:
1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;
2) To inspect the employer's compliance with labor security laws, regulations and rules;
3) To accept reports and complaints about violations of labor security laws, regulations or rules; =
4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.
Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 72 The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard prescribed by the people in the place where the employer is located.
The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.
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If the employee fails to sign a contract when joining the company and deducts wages arbitrarily when he resigns, the employee may claim his or her wages back by applying for mediation, arbitration, filing a lawsuit, or negotiating in accordance with the law. If the company has not signed a contract with the employee for more than one month from the date of employment, the employee can also request the company to pay him double wages for up to 11 months per month.
Article 9 of the Interim Provisions on Payment of Wages provides that when both parties to an employment relationship terminate or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
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