Consult an expert on labor law。。。。。。

Updated on society 2024-03-08
18 answers
  1. Anonymous users2024-02-06

    1.The recruitment cost shall be borne by the enterprise itself, regardless of whether the person is recruited or not, or whether the recruited person resigns or not, the cost shall be borne by the enterprise itself.

    2.Article 22 of the Labor Contract Law stipulates that "if an employer provides an employee with special training expenses and professional and technical training, it may enter into an agreement with the employee to stipulate the service period." If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

    The situation you are saying is not professional training, so the company's claims are not substantiated. Even for specialized training, the costs incurred must be based on vouchers.

    3.Although you have not signed an employment contract, you have established an employment relationship, and if you fail to fulfill the obligation to notify you of your resignation, you should be liable for compensation for the losses caused to the company. However, the loss must be a direct loss, and the company bears the burden of proof, and if it is not a special position, it generally does not need to be compensated.

    4.The Labor Contract Law stipulates that "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 the company can't prove that you didn't sign the employment contract because of you, you can claim that the company should pay you twice the salary.

    5.In summary, the company's claims cannot be supported by law.

    6.If you hire a lawyer, how to calculate the fee depends on the regulations of each law firm, and you can negotiate it. You can also apply for legal aid at a nearby university (if available).

    7.Can testify.

    It is recommended that you find a lawyer who will help you carefully review whether the company has paid social security in full and whether the salary is calculated correctly, so that you can get the appropriate compensation.

  2. Anonymous users2024-02-05

    If you don't give points, who will answer your questions, it's really naïve.

  3. Anonymous users2024-02-04

    I don't quite understand the question you asked, if you signed a labor contract to settle by consensus, then leave the company soon? How can there be overtime?

    The letter of intent you mentioned should be a supplementary clause of the labor contract, and the system of letting you support the system is the preliminary procedure for the company to apply for comprehensive working hours, and overtime work must be agreed by the employee, of course, this is difficult to implement now.

    If the employment contract is terminated by consensus, as long as it is not proposed by you, the company needs to pay you economic compensation.

    The meal time and rest period you are talking about are deductible.

  4. Anonymous users2024-02-03

    1.The implementation of the irregular working hours system and the comprehensive calculation of working hours system by the employer must be reported to the local labor bureau for filing and approval, and it is not something that the employer can implement if it says that it will be implemented. Otherwise, it is against the law.

    2.If the employee and the employer negotiate to terminate the labor contract, then it is equivalent to resigning on his own, and there is no economic compensation. If the employer and the employee negotiate to terminate the labor contract, then the employer should pay you five or six years of service from 03 to 09.

    5. Severance payment for six months' salary.

  5. Anonymous users2024-02-02

    Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

    The same employer and the same employee can only agree on a probationary period once.

    Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

    The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

    Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee have agreed on an indefinite termination time.

    The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

    1) The worker has worked for the employer for 10 consecutive years;

    2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

    3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

    If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

    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.

  6. Anonymous users2024-02-01

    1. During the period from February to June, if you have not yet graduated, it is impossible to establish an employment relationship, and at most you will sign a contract in the nature of an Employment Agreement. So there is no social security at this stage, but the company should pay you normal remuneration;

    2. After graduating, until now, you have established a de facto labor relationship. Beginning to apply various labor laws and regulations;

    Third, if you want to leave your job, you can claim for it.

    1) Unpaid wages (2) Double wages (double minus what has been paid) (3) Severance (you count it as half a month's salary) (4) Social security.

    Evidence: pull out the statement of the bank card, which can be proved by the company's account number; The work permit and work clothes issued to you by the company can be used as evidence; You can also ask the company to provide attendance records to prove that you have been working for the company.

    Basically, these arbitration committees will support you.

  7. Anonymous users2024-01-31

    Yes, since the implementation of the new "Labor Contract Law", as long as you form a de facto employment relationship with them, it is.

    What you have to do now is to keep your residence certificate, such as pay slips, factory certificates, etc. The documents handed over to you by the factory. Go to the labor department to complain.

    Remember, it's better to have a pay stub. If you don't have a pay slip and can't prove what your agreed salary is, you can only pay you the minimum wage, and then you will lose a lot.

  8. Anonymous users2024-01-30

    First of all, collect evidence that you work for the company, such as the record on the payroll card that the Shanghai company paid you directly, the payroll slip when you received the salary from the manager, or the work card. If the company applies for arbitration, the company should provide evidence in the company's possession, such as payroll slips;

    Then, take this evidence to the local labor inspection department to file a complaint or apply for arbitration by an arbitration institution.

    According to Article 38, "an employee may terminate a labor contract under any of the following circumstances: 3) Failure to pay social insurance premiums for the employee in accordance with the law", you may resign and claim economic compensation; You can also claim financial compensation if you are not fired by the company if you have not seriously violated the company's discipline or caused significant losses to the company.

    According to Article 82, "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", you may request you to pay double the salary for the period between one month after the date of establishment of the labor relationship with the company and before the signing of the written labor contract or the termination of the labor relationship.

    With regard to social insurance, regardless of whether you resign or the company fires you, according to the Social Insurance Law, you can file a complaint with the labor inspection department or the social security collection agency and ask the company to make up the payment, but you should pay attention to the issue of timeliness. According to the Regulations on Labor and Social Security Inspection, if the violation is not discovered or reported within two years of the occurrence of the violation, the supervision department will no longer investigate and deal with it. The statute of limitations for labor arbitration is 1 year.

    Note: If you still want to do it in the company, it is best to negotiate a solution, and if you can't solve it through negotiation, you can file a complaint or apply for arbitration.

  9. Anonymous users2024-01-29

    1. What kind of place is your company, the key depends on the registered place of the company, which should be in Shanghai; However, it shall be filed and registered with Chongqing Industry and Commerce;

    2. The class has been in the class for nearly 7 months and has not signed a labor contract, which is illegal for the company to do so and should be corrected;

    3. You can go to the labor arbitration institution to apply for labor arbitration and ask for double wages.

  10. Anonymous users2024-01-28

    You can negotiate a solution, but if the negotiation fails, you should apply for labor arbitration as soon as possible to require the employer to pay double wages and make up social security, etc., because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.

  11. Anonymous users2024-01-27

    This depends on the provisions of the service premises in the employment contract.

    Failure to pay wages in full and in a timely manner or to pay insurance may be treated as double wages.

    Let's first collect evidence to prove the existence of the labor relationship.

  12. Anonymous users2024-01-26

    Article 1 of the Labor Law of the People's Republic of China: This Law shall apply to enterprises and individual economic organizations within the territory of China as long as an employment relationship is formed between them, that is, the workers have in fact become members of the enterprises or individual economic organizations and provide paid labor for them. Article 2:

    State organs, public institutions, social organizations, and workers who have established labor relations with them shall be subject to this Law.

    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.

    You can appeal to the labor administration to assert your rights.

  13. Anonymous users2024-01-25

    You can contact Lao Bu, a well-known labor law expert in China.

  14. Anonymous users2024-01-24

    Here's the answer:

    If the employer does not have a legal reason for illegal dismissal, you can not agree to go and ask for double compensation, that is, 2 months' wages for each year of work, and 1 month's salary for less than half a year, in accordance with Articles 87 and 47 of the Labor Contract Law.

  15. Anonymous users2024-01-23

    It is not possible to terminate the employment after the introduction, which is a personal act and has nothing to do with the compensation for the termination of the labor relationship.

  16. Anonymous users2024-01-22

    1.Regardless of whether the employee is injured or not, if the employer is notified in writing one month in advance to terminate the contract, the company cannot refuse, and there is no need for the company's consent, and the resignation can be done after one month, and the rest is the company's business, such as handling the termination of social security and work-related injury compensation. It is based on the Labor Contract Law and the Regulations on Work-related Injury Insurance.

    2.There is no training, of course, there is no such thing as training liquidated damages; There is no non-compete agreement and certainly no non-compete agreement. If you do not have the above two items, of course, you are not entitled to deduct your liquidated damages. The basis is the labor law.

    For details, please contact your local labor and social security department.

  17. Anonymous users2024-01-21

    1. It is the employee's right to terminate the labor contract one month in advance, and whether the company refuses or not, does not affect the exercise of the employee's right to terminate the contract.

    2. Except for the clauses of "training" and "non-competition", it is illegal to stipulate liquidated damages under other circumstances. Of course, it cannot be deducted if it is illegal.

  18. Anonymous users2024-01-20

    Enterprises are required to pay social insurance to their workers. There is no reason why this is mandatory. The company's practices are clearly illegal.

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