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Yes, if the old employee did not sign the contract for the first few years, or if the previous one-year or three-year contract expired, the contract must be re-signed.
1. Because the labor contract must be re-signed when it expires, the contract is an important proof of labor in the unit, and it should also be used when handling various insurances.
2. When the labor contract is unemployed, it is also necessary to receive unemployment benefits, and if the contract is incomplete, you will not receive the full amount of unemployment insurance benefits.
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Then you can refuse the visa! There are two contracts, and you should have one in your hands!! In this case, you can go to the relevant section to sue.
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Illegal! You can report it to the labor inspection!
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Legal basis: Labor Contract 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 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.
Two suggestions: 1) sign a supplementary contract with the company in order to keep the job;
2) Or, prepare evidence such as past work records and salary slips, and submit them to arbitration or litigation to require the company to pay twice the monthly salary.
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It's a violation, it's a fake!
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"Staff" refers to the fixed number of personnel in a certain unit (approved by the superior). Also known as in the compilation. When someone leaves the company due to transfer, retirement, or other reasons, the unit needs to be replenished, which is called an intranumerary supplement.
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If an employer dismisses an employee without cause, it shall calculate it according to the average monthly salary of the employee in the year preceding the employee's resignation, not the basic salary.
Labor Contract Law of the People's Republic of China
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.
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Employees who are dismissed by the company should be compensated, and you should be paid five months' salary.
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Don't be afraid of this kind of problem, it's a great deal to check now.
You can sue it, and you're sure to win.
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Voluntary overtime is not compensated. However, if there is a dispute, it is difficult for the company to prove that the employee's overtime work is voluntary, so there is still a certain risk.
Therefore, it is recommended that if an employee voluntarily waives his/her leave, he or she should sign a written consent form to voluntarily waive his/her leave.
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Voluntary overtime is the same as voluntary non-leave, and the right holder voluntarily waives his rights and the enterprise does not need to give compensation.
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If the company terminates the employment contract between you, it shall compensate you financially.
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