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Labor cases can be handled by themselves, the same can win, and the labor arbitration commission does not charge, I hope mine will help you solve the problem, and you can hi me in detail!
1. If the employer violates the law first, you can leave immediately after you leave the company in writing, and ask the employer to pay you the arrears of wages, deposits, economic compensation, double wages without signing labor contracts (up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. The key is to have evidence to prove the labor relationship! For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).
3. Applying for labor arbitration is very simple: bring the labor arbitration application, a copy of your ID card, relevant evidence, and industrial and commercial registration information, and then go to the local arbitration commission to apply for a case! After the case is filed, you go to work in the new unit without delay!
Legal basis: Labor Contract Law:
Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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.
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.
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.
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Go to a law firm for a consultation.
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1. Bow first and then soldier, contact human resources to explain your salary requirements clearly, and make it clear that if you don't give it to the labor bureau before the number, the general enterprise will meet you and report it to the labor bureau if you don't give it.
2. The premise is that your requirements are reasonable, you should be deducted for being late or absenteeism, and the deduction of money if the task is not completed or the leader's subjective evaluation is not good.
3. Understand the local minimum wage standard, social security payment, and if there is a problem, you can ask for compensation at the same time.
What to do if the company deducts money after resignation: first, negotiate with the company or intervene in the negotiation between a third party and the company;
second, to lodge a complaint with the labour inspectorate;
Third, they can also apply for labor dispute arbitration;
Fourth, the parties shall perform the legally effective mediation documents and awards within the prescribed time limit.
If one party fails to perform within the time limit, one party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.
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Judging from your situation, if you want to go directly, it will be very troublesome for the company to fight a lawsuit.
First of all. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the employment relationship in writing, without the approval of the employer, and may request the payment of the remaining wages and severance (one month's salary for every one year of service) and go through the resignation procedures.
Secondly. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, then you are violating the law, and the employer may require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.
Attachment: Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
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This situation is common for small companies, and the company can leave directly after one month after submitting the resignation application, and the company can appeal to the labor bureau if it goes through the resignation procedures, but the premise is that there is a resignation certificate, which is not as good as information or a written agreement.
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If the problem you reported above is true, you can keep all the formalities, because the employer has violated the labor law, but you should write an application one month in advance of your resignation, otherwise you will violate the contract if you say you will leave, and the employer will have every reason to deduct your salary, and the loss is your own.
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Yes, you can ask for overtime pay, holiday allowance, etc., on the grounds that the company has not paid wages in full, and you can also get corresponding compensation for the termination of the employment relationship.
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Anyway, I think it's a lot.
Companies are like this. After all, the socio-economic environment is tough right now.
You believe it or not, quit your job and change to another company as well.
Of course, you can look for it first. find a good company to accept you and then leave, it doesn't matter if he does it or not when the time comes.
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There is no reason why the company should not give you a dismissal and deduct your wages. If the company is difficult for you, you can go to the labor bureau to apply for arbitration, the labor law stipulates that the probation period is up to one month, and you must purchase social security from the second month, you can ask the company to make up your previous five months of social security, as well as compensate three times the salary during these five months. Keep the evidence that you have labor facts in the company, and go to the labor bureau to fill out a ** application.
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If you leave directly, the boss may not give you that month's salary, you have to apply for resignation first, and you can leave when the time comes, and you have no loss, why not, hold on a little longer.
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Have you signed a contract? If it is not due, it is more troublesome for you to resign, you can ask the boss to see if you will leave, the leader should give you if you are not good to say, then it is a little more difficult, generally two weeks in advance.
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You can seek the assistance of relevant ** units.
If you leave the company directly, you can deduct money for not following due process when you leave the company.
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1. The law stipulates that the deposit cannot be required, and the company's regulations are invalid due to violation of the law (Article 1 of the Labor Contract Law).
2. The money obtained in the name of the deposit is unjust enrichment and can be claimed to be returned.
It is not legal for a company to collect an employee's deposit for any reason. When the relevant provisions of the company conflict with the law, the relevant laws formulated by the state shall prevail.
You can ask the company to return the 1,000 yuan deposit on legal grounds, and if the company refuses to return the deposit, if it cannot be resolved through negotiation, you can file a complaint with the local labor inspection brigade.
Article 84 of the Labor Contract Law If an employer violates the provisions of this Law by seizing the employee's resident identity card and other documents, the labor administrative department shall order the employee to return the employee within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.
If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.
1. Collect evidence of your work in the company, only if the evidence is sufficient, it will be good for follow-up processing;
2. There can be evidence to prove that the deposit does exist and occur;
3. It is illegal to collect a deposit, if it can be confirmed that the boss has received a deposit, you can report and complain to the Labor Bureau (Labor Inspection Brigade), request investigation and punishment according to law, and complain about wage arrears by the way;
4. About social security and provident fund; If you don't have one, as long as you can confirm that you do work in the company, you can go to the Social Security Bureau (local taxation bureau, if the social security premium is collected by local tax) and the provident fund management center to report and complain, and ask for supplementary payment; This still has a great impact on the company;
5. If you don't sign a labor contract, you have to give double salary, how much can you double your salary?
In a word, the evidence of work is easy to say, but it is difficult to do not.
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Under normal circumstances, all wages should be settled on the day of completion of the resignation procedures, but in practice, they will be paid on the day when the employer fixes the date of payment of wages.
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It is calculated based on the actual date of separation.
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