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Go to the labor arbitration commission to file a complaint. If the company does not sign an employment contract, it can apply for arbitration and compensate the employee for double wages. In addition, if the dismissed employee does not meet the conditions stipulated in the Labor Contract Law, he or she will also be given severance payment.
According to 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.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
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Providing the above materials is sufficient evidence for labor arbitration, prompting you to induce him to give detailed information about your job in the recording.
There are generally two types of arbitration outcomes: urging the employer to re-sign the employment contract and you continue to work (you generally will not choose me); If the employer fails to sign a labor contract with you for more than one month on the first day of employment, it will compensate you twice the monthly salary * employment time (months). - In accordance with Article 82 of the Labor Contract Law.
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1. Collect evidence. Work clothes, work certificates, work results, text messages arranged by the leader, and punch records. Any evidence that can prove the existence of an employment relationship with the employer shall be collected.
2. Go to the employer to negotiate compensation and wages, and pay attention to the content of the negotiation to leave evidence. Remember that you only get one chance.
3. If the case is closed by consensus.
4. If the negotiation is not agreed, bring the evidence**, and 12333 will conduct labor arbitration.
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If the labor contract has not been signed for less than one month, it has not violated the provisions of Article 10 of the Labor Contract Law.
The dismissal of the employee without payment of wages violates Article 50 of the Labor Law, which states that "wages shall be paid to the worker in monetary form on a monthly basis." shall not deduct or delay the wages of workers without reason", which infringes upon the legitimate rights and interests of workers and should be repaid.
In addition, if the employee is dismissed without reason and is suspected of illegally terminating the labor contract, he or she shall bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law.
It is a labor dispute and can be resolved by applying for labor arbitration.
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You can temporarily not sign the contract within one month, and if the employer can prove that you do not meet the employment conditions, you can be dismissed, and the salary will be settled until the end of the work. If the employer does not pay wages, it can be resolved through the application of the labor department.
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Within one month, it is generally possible to agree on a probationary period, and it is okay to sign a labor contract within one month, that is to say, it can be regarded as being dismissed during the probationary period within one month, which is theoretically possible, and there is no claim for compensation, and there is no violation of the labor law. However, there is no objection to the fact that wages must be paid, and if wages are not paid, it is obviously illegal, and you can directly go to the labor inspection brigade of the Human Resources and Social Security Bureau to complain.
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If you have worked for less than a month and have not signed a labor contract, it is within the scope of permission, but the salary must be given as agreed. So you may have some misunderstanding.
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This goes directly to arbitration, there is no labor contract, but there must be attendance records, there are records of chatting with the leader, etc., which can be used as evidence, and it is no problem to dismiss you, but there must be a problem if you do not pay your salary.
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So in the case you mentioned, first of all, he didn't sign a labor contract with you, which means that they have violated the contract law, in this case, you can apply for labor arbitration, you can also call the labor inspection brigade to complain, this is okay.
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It is necessary for individuals to provide evidence to prove the existence of a de facto labor relationship, and then apply to the labor arbitration commission to protect their rights. Attendance sheets, proof of social security contributions, work permits, work clothes or personal ID cards can be used as evidence of the existence of a de facto employment relationship.
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Report to the Labor Bureau.
If the employer does not sign the contract and dismisses the employee within one month, it is a disguised violation of the labor law.
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You should go to the local labor arbitration application to handle it, and then submit the materials according to the requirements of the labor arbitration department, cooperate with the coordination, and finally you will be able to receive your salary.
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After collecting evidence of factual labor relations, they can file a complaint with the local labor inspection brigade or apply for labor arbitration to protect their legitimate rights and interests.
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No matter what the reason, even if you only work for one day, you will be paid for dismissal, if he doesn't give you it, you will report it to the labor bureau, and the labor bureau will deal with it for you?
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You can go to the labor bureau, but the process will be longer, after all, it will not be a month.
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It's difficult, basically don't think about it, of course you can go to the monitor and ask.
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1. If you work for an employer, there are two ways to ask for wages:
1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;
2. You can apply for arbitration at the Labor Dispute Arbitration Committee of 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, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.
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, rescission 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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It can be reported to the Employment Bureau to solve the problem, according to the provisions of the Labor Contract Law, the company has not signed a labor contract, and must pay the employee double salary compensation.
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You should immediately go to the local labor inspection brigade to complain, but if you don't have evidence, it is a lot of problems, you think about what evidence you can provide to the labor inspection brigade to prove your employment relationship.
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1. Retain the evidence of the provision of labor and the formation of a de facto labor relationship.
2. Complain to the Labor Bureau or apply for labor arbitration, and the arbitration may require the payment of compensation for illegal termination of the labor contract and the payment of unpaid wages. If it is not an illegal dismissal, but because you have been dismissed for violating discipline and regulations, then there is less room for fighting, and you can ask for economic compensation. Compensation will be paid if the labor contract is not signed for more than one month.
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Collect evidence of work in the company and then file a complaint with the Labor Inspection Brigade for payment of the wages owed.
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What is the position at the time of recruitment, and whether the actual job content is different from the original. Huge impact? Please show the relevant proof from the company. During the probationary period, the employee can resign. If you do not pay wages for less than one month of working hours, you will be in violation of the law and reported to the local labor inspection department.
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Bring your ID card, and the evidence that can prove that you work in this company, go directly to the labor inspection brigade where the enterprise is located to complain, generally in this case, the company will pay you wages in time, and the company will not let the labor inspection brigade target you in order to owe you this salary, so the enterprise will be very troublesome.
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Collect evidence of de facto labor relationship and apply for labor arbitration, and request confirmation of de facto labor relationship and payment of unpaid wages.
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Impossible, right? You go talk to them and see what you say, but if you can't, you can go to the labor bureau to find it.
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Go to the labour inspectorate to explain the situation.
Since it is local**.
It is recommended to call Human Resources and Social Security** 12333 or **114 for consultation.
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1. Collect evidence, work clothes, work permits, punch-in records, text information of obedience to the leader's arrangement, and any evidence proving the existence of labor relations with the employer.
2. If no evidence is collected in advance, go to work normally on the second day, go to the relevant person in charge to negotiate wages and compensation, and pay attention to leaving evidence during the negotiation process.
3. If consensus is reached, the case will be closed.
4. Inconsistency, bring evidence **12333 for labor arbitration.
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No matter how many hours worked, this is a salary, in this case you can turn to the labor inspection brigade, of course, if there is no labor contract, it is a little more troublesome to prove it.
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It is recommended that you collect relevant evidence (human and physical evidence) of working in the unit for one month, and go directly to the local labor inspection brigade to complain and report.
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If you are dismissed after working for less than a month, you can be dismissed during the probationary period, but it is not normal if you do not sign a labor contract. It is illegal to dismiss an employee without paying wages, you can file a complaint with the labor inspectorate, the complaint ** is 12333, or you can apply for labor dispute arbitration, which is an illegal act of deducting the employee's wages without reason.
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Employees can be dismissed during the probationary period, but the salary must be settled according to the actual settlement, and the failure to sign the labor contract is not agreed on the probationary period, which is illegal by the enterprise, and you can retain the evidence of going to work, apply for labor arbitration, and request compensation from the enterprise.
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Keep evidence of your work, and as long as you are dismissed due to reasons not attributable to you, you can file a complaint with the local labor inspection department to protect your legitimate rights and interests.
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The time period is too short to constitute a violation of the labor law. Only non-payment of wages is a violation of labor law. You can go to your local labor inspection brigade to complain.
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It depends on how you go to talk to them at the time, how the salary is calculated, monthly, daily, and timely. There is also whether there is a probationary period and how to calculate the salary during the probationary period. Calculate your salary for the number of days you work according to the ratio you have agreed. If you don't give it, you can go to the labor bureau and sue them.
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The new civil code law stipulates that as long as you work for one day, you will be paid, not to mention that if you work for almost a month, you will not be paid, and report to the labor inspection department.
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If you are dismissed instead of leaving, there is no reason why the company will not pay your salary, you can go to the labor bureau and ask if you can recover your wages.
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If you can apply for labor arbitration, you must also have evidence that you work in this unit to solve the problem of not signing a labor contract in accordance with the provisions of the Labor Contract Law, and you should pay double wages to the employee if you do not sign the labor contract. Article 46 of the Labor Contract Law stipulates that if an employer proposes to terminate a labor contract and reaches an agreement with the employee through negotiation, it shall pay economic compensation to the employee.
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First of all, you can solve this situation through a complaint or arbitration by the labor department, if the evidence of on-the-job employment is complete, the company needs to pay you double the salary and dismissal compensation during the period; Secondly, you need to weigh the pros and cons yourself, the above procedures require time and cost and evidence, and arbitration can be considered without affecting your current work or life.
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Go to the labor bureau and tell him. Arbitration may be requested.
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Go to your local labor arbitration department to file a complaint.
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If you don't pay your salary, you can go to the labor bureau to sue him.
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Complained to the local labor department and complained that the company did not pay wages.
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What should I do if I am dismissed after working for less than a month, and I will not be paid without signing an employment contract? You can file a complaint at your local labor office. Find the Labor Inspectorate and let them call the shots for you. Such a unit has already violated labor laws.
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