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If you follow the law, you can get a lot of compensation.
First of all, you don't have to worry, if you complain, if the employer does not admit it, then he has to bear the burden of proof.
So, you don't have to worry about asking for so much evidence.
Of course, the salary should be clear, because the amount of compensation is involved.
One. If the company does not sign a contract with you, it should pay you double wages from the next month, that is, from February 2008 to the present, that is, about 7 months' wages (the salary here refers to the latest average salary you paid, not just the basic salary).
Two. If you are not paid overtime, you can ask for compensation, this fact is vague, and it is difficult to say how much.
Three. Article 47 of the Labor Contract Law stipulates that 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 employer. 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.
According to the calculation that you entered the company in May 07, you should have one and a half months of financial compensation in the amount of salary.
So your total compensation may be eight and a half months' salary plus overtime compensation negotiated between you and the company, according to the law.
You don't want to negotiate directly with the company, and you don't know about the compensation, you can write down these demands and go to the labor department to complain, and then the labor department will tell you what the legal compensation is, and help you come forward.
But I want to remind you that China's legal system is not very strict, and it always depends on the national conditions, so in fact, you may not be able to get the amount of compensation stipulated by law, so try your best to fight for it.
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If the company fires you first, my God! You're going to have a lot of compensation, and all of what you've said above is evidence.
Even if you want to resign, what you said above is the reason why you want to resign, don't be afraid, there is a labor law, not to mention that you can now adopt the counter-proof method, that is, the employer can come up with evidence that it can sign a contract with you, take you to pay the "three golds", and give you overtime pay.
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According to the labor law, you can take double wages and ask the company to pay you, it is recommended that you find the labor law to take a good look at it. You should be able to get a lot of money back.
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1. You can get compensation from the employer. And overtime pay can also be returned.
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 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:
1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;
2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;
3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
2. If the company does not compensate, it can apply to the labor dispute arbitration commission for arbitration. It is also possible to sue directly.
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Since the company has not signed an employment contract with you for more than a year, it has violated the law, at this time you can resign at any time and ask the other party to pay double salary compensation.
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No, if the employee has not signed a labor contract for more than one year, it is legally deemed that the employee and the employer have signed an indefinite labor contract, and the statute of limitations for double wages has expired, and double wages can no longer be claimed. Article 6 of the Regulations for the Implementation of 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 salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented. 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.
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. Paragraph 3 of Article 44: If an employer does not conclude a written labor contract with an employee within one year from the date of employment, it shall be deemed that the employer and the employee have concluded an indefinite labor contract.
As a result, it is not supported for an employee to claim double wages after not signing a written employment contract for more than one year.
Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations Article 2 Where an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) The employer's recruitment "registration form", "registration form" and other congratulatory records filled in by the worker; (4) Attendance records; (5) Testimony of other workers, etc. Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).
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Clause. 1. If the company does not pay social security, it can request to pay social security. Clause.
2. If the company has not signed a contract, it is also illegal, and the company can be required to pay double the salary without signing a written labor contract. The arbitration upholds 11 months of double wages, and the court can uphold 2 years of double wages. Clause.
3. If the company terminates the labor contract in violation of the law, it will also have to bear the compensation, and the standard of compensation shall be twice the economic compensation. If the employee resigns, he or she may request the employer to pay severance and pay one month's salary for one year. Clause.
4. If you have worked in the company for one year, the company will also pay unemployment insurance benefits. Clause.
5. If the company has overtime work, it must also pay overtime wages and additional compensation according to the statutory standards. Clause.
6. If the company deducts the wages of Lu Workers, it shall also pay the wages in full and pay additional compensation.
Interim Provisions on Payment of Wages".
Article 7. Wages must be paid on the date agreed between the employer and the employee. In the event of a holiday or rest day, the rent should be paid in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented. The specific date of payment of wages shall be agreed between the enterprise and the employee. Once the date of payment of wages is determined, the wages of the workers shall be paid in strict accordance with the prescribed date, and if the wages are not paid within the time limit, they shall be treated as arrears of wages.
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