I didn t sign a contract, and I left after a quarrel with the boss, what should I do if I deduct my

Updated on workplace 2024-03-22
3 answers
  1. Anonymous users2024-02-07

    You can defend yourself through the law.

  2. Anonymous users2024-02-06

    Legal analysis: If the employer has not signed a labor contract with the employee and deducts his wages without reason, the employee can look for proof of the existence of an employment relationship with the employer, such as: work permit or work card (preferably stamped with the official seal), salary card transaction records, wage slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, and colleague testimonies (resigned and in-service are acceptable), As long as the employment relationship between the two parties is proved, the employee may apply for labor arbitration and require the employer to pay double the wages of the employee who has not signed the labor contract, and the employee may request the employer to pay double the wages of the unsigned labor contract (starting from the second month of employment, up to 11 months) and the deducted wages from the second month, and the labor arbitration statute of limitations shall be one year from the date of the employee's resignation.

    Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

    Article 82 of the Labor Contract Law of the People's Republic of China 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. 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.

  3. Anonymous users2024-02-05

    Legal analysis: The way to deal with the boss's deduction of wages is to negotiate with the boss first, and if the negotiation fails, report to the labor inspection brigade, and apply for arbitration to the labor arbitration tribunal if he is not satisfied with the treatment; If they are not satisfied with the arbitration, they may file a lawsuit in accordance with law. If the labor contract has not been signed for more than one month but less than one year, double wages shall be paid.

    If it exceeds one year, it shall be deemed to have concluded an indefinite term labor contract.

    Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor 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.

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