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Workers have the right to receive wages and remuneration for the actual period of work.
1. If the worker works for the employer, there are two ways to request payment of wages:
1. Workers can file a complaint with the local human resources and social security bureau for labor inspectionPros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;
2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.
Advantages: In addition to salary, financial compensation, double wages, etc. can also be claimed, and it can generally be finally resolved;Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
2. If it is for an individual, it is not considered an employment relationship. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.
Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a specified period of timeIf the labor remuneration is lower than the local minimum wage standard, the difference shall be paid;If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failure to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers lower than the local minimum wage standard;
3) Arrange overtime without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.
Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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Since the contract has been signed, it is estimated that it will have to be according to the contract, so it is difficult to say whether the money will be deducted or not, and it is best to communicate with the supervisor in order to seek understanding.
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I didn't sign a labor contract during the probation period, and I didn't say that I wanted to sign a labor contract, so I resigned.
If an employee resigns without signing a labor contract, as long as both parties reach an agreement, then the employee can regret his resignation at any time and will not be subject to the 30-day limit; If the employee resigns 30 days in advance, then as long as the time expires, regardless of whether the employer agrees, then the employment relationship can be terminated.
The company shall sign a written labor contract with the employee within one month from the employee's employment, and if no written labor contract is signed, the employee shall be paid double wages from the second month. During the probationary period, the employee can submit the resignation in writing 3 days in advance, and if the probationary period is over, the employee should submit the resignation in writing 30 days in advance. To sum up the above, if the employer and the employee have not signed a contract, as long as the employee voluntarily resigns, there will not be any financial compensation, but when leaving the company, he can choose to negotiate with the employer, or he can notify the employer in writing 30 days in advance, as long as the two parties negotiate well and there is no economic dispute, then the relationship between the two parties can be handled.
I didn't sign a labor contract during the probation period, and I didn't say that I wanted to sign a labor contract when I became a regular, so what can I do to help you?
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1. It is illegal for the employer to omit to dismantle the employer during the probationary period and not sign a labor contract with the employee. First of all, it is possible to ask for double wages. According to the law, the employer shall establish a labor relationship with the employee from the date of employment and shall conclude a written labor contract.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written contract shall be concluded within one month from the date of employment. Secondly, if you have not signed a written labor contract with you for more than one month but less than one year from the date of employment, the employee may be required to pay double wages in accordance with the law.
2. Thirdly, if the employer does not sign the labor contract in accordance with the law, it can be filed during the probationary period, and according to the regulations, the employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. If the term of the labor contract is less than 6 months (half a year), the probationary period shall not exceed 15 days; If the term of the labor contract is between 6 months and 1 year, the probationary period shall not exceed 30 days; If the term of the labor contract is between one and two years, the probationary period shall not exceed 60 days; If the term of the labor contract is more than two years, the probationary period shall not exceed six months.
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Summary. Hello, according to Article 66 of the Labor Law, if an employee leaves his or her job voluntarily, he or she shall notify the employer in writing one month in advance, otherwise he shall pay compensation of one month's salary. Therefore, if you leave your job a week early, the company can ask you to pay you one month's salary, but it cannot ask you to pay 3 times your salary.
During the probationary period, the employee does not need to be anxious if the labor contract is signed, but the company does not give the employee a copy, in this case, the employee does not need to worry, first, the employer has its procedures and time required to sign the labor contract, and on the other hand, the two parties have formed a de facto labor relationship, and the labor contract law is still applicable, and the employee has legal protection.
The probationary period of the company is 2 months, but I signed a labor contract, the contract company did not give me, I did 1 and a half hail months to leave, I have not turned regular now, but I left half a month in advance The company also agreed, but now I want to leave a week in advance, the company said that this week will be deducted from my salary 3 times according to my absenteeism, I think it is unreasonable to talk about it, and I want to consult the judgment.
Hello, according to Article 66 of the Labor Law, if an employee leaves his or her job voluntarily, he or she shall notify the employer in writing one month in advance, and if not, the employee shall pay compensation of one month's salary. Therefore, if you leave your job a week early, the company can ask you to pay you one month's salary, but it cannot ask you to pay 3 times your salary. During the probationary period, the employer has its procedures and time required to sign the labor contract, and on the other hand, the two parties have formed a de facto labor relationship, and the labor draft and contract law are still applicable, and the employee has legal protection.
Do you have an employment contract or an employment contract?
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Summary. Hello dear! We'll be happy to answer for you!
Under normal circumstances, the police will investigate a criminal suspect for two months after arresting it, but only for a maximum of seven months. It takes one month for the procuratorate to review the prosecution, and it may be extended by half a month. In addition, it will take two months for the public security organs to supplement the investigation, but it cannot be returned for the supplementary investigation twice.
The court usually takes one month to hear the case, which can be extended by half a month, and another month for major problems. The second-instance trial shall be extended by one month, and the extension shall be extended by half a month, and the extension shall be extended by another month for major difficulties, and the final judgment shall take effect. According to the provisions of the Employment Contract Law, both parties can terminate the employment contract during the probationary period, but only by giving the other party 30 days' advance notice.
If you have left half a month early and have been approved by the company, then there should be no problem with leaving. However, if you want to leave your job a week earlier, it is advisable to negotiate with the company first to see if you can reach a consensus. If the company insists on deducting your salary, it is recommended that you file a complaint with the Labor Dispute Arbitration Commission for resolution.
The probationary period of the company is 2 months, but I signed a labor contract, the contract company did not give me, I did 1 and a half hail months to leave, I have not turned regular now, but I left half a month in advance The company also agreed, but now I want to leave a week in advance, the company said that this week will be deducted from my salary 3 times according to my absenteeism, I think it is unreasonable to talk about it, and I want to consult the judgment.
Hello dear! Very blind, happy to answer for you! Under normal circumstances, the police will investigate a criminal suspect for two months after arresting it, but only for a maximum of seven months.
It takes one month for the procuratorate to review the prosecution, and it may be extended by half a month. In addition, it will take two months for the public security organs to supplement the investigation, but it cannot be returned for the supplementary investigation twice. The court usually takes one month to hear the case, which can be extended by half a month, and another month for major problems.
The second-instance trial will be extended by one month, and the major problems will be extended by another month, and the final judgment will take effect. According to the provisions of the Employment Contract Law, both parties can terminate the employment contract during the probationary period, but only by giving the other party 30 days' advance notice. If you have left half a month early and have been approved by the company, then there should be no problem with leaving.
However, if you want to leave your job a week earlier, it is advisable to negotiate with the company first to see if you can reach a consensus. If the company insists on deducting your salary, it is recommended that you file a complaint with the Labor Dispute Arbitration Commission for resolution.
My dear, this situation is unreasonable according to what you said, because it cannot be deducted three times the salary of the worker without a provision on one day.
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