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Any company needs to sign a labor contract from the first day of employment, and it cannot exceed one month at the latest, otherwise it is a violation of national laws and regulations, and the employee can go to the labor inspection department to report the situation. If the employer still does not sign the contract, the employee can go to the labor arbitration commission to request arbitration.
Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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.
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According to the provisions of the Labor Contract Law, a labor contract must be signed within one month of employment, otherwise double wages will be paid from the second month.
As for how this unit actually operates, you will know after experiencing it. If the company violates the law, you can ask the company to correct it, otherwise you will be required to pay double the salary.
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Now, in order to retain talents, as long as you go, he will sign a contract for you. But you have to look carefully and put forward the terms that are beneficial to you. Of course, each unit has its own set of internal regulations that do not violate the law to restrain you, if the enterprise violates the law, you have to see if it is within the range you can accept, beyond the scope of your acceptance, you can also easily sue him.
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Submit your resignation application directly, and such a large company should not be embarrassed for you because of whether it is a regular or not.
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Notify the employer in writing 3 days in advance to terminate the employment relationship.
Labor Contract Law
Article 37:
The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.
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The probationary period is a two-way choice, and it is enough to write a resignation report.
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Write a resignation report and hand it to personnel, if you have been regularized, it is best to wait for him to give you two documents, an employment contract, and a dismissal contract.
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First, if you resign during the probationary period, you need to notify the employer three days in advance, and the employment contract can be terminated at the expiration of the period without the approval of the employer.
Second, if it is necessary to notify the employer one month in advance during the period of regularization, the employment contract can be terminated upon expiration;
Third, if the employer violates the provisions of the labor law and refuses to leave your job, you can file a complaint with the local labor and social security supervision department, and if it causes you unnecessary troubles and losses, you can apply for labor arbitration to protect your legitimate rights and interests.
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Q: Are you a college student and just starting out in the workforce? If you have a registration card before, you still think twice, and when you become a regular, you can fall in love with wherever you go. It will be a hassle to involve the registration card, I hope it will help you.
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Is it during the trial period? If it is during the probationary period, you can unilaterally resign, but you need to inform the other party three days in advance.
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If you want to leave your job during the probationary period, you can notify the company's HR department in advance. If there is a dispute, there is a salary record, and the social security record can prove it.
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If you want to quit, you can quit, no problem.
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Don't worry, some jobs are a three-month probationary period.
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1. Regardless of whether it is a regular employee or not, you must sign a labor contract when you go to work, and it is illegal not to sign it, and both parties hold one copy.
2. Depending on what you mean, you want to claim compensation or compensation. You can keep evidence, such as pay stubs, timecards, etc., and negotiate with the company. You can also go to the local labor and social security department (formerly the labor bureau) to report.
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Hello: I am glad to answer your questions, first of all, we have to correct a misunderstanding, since January 1, 2018, the implementation of the national "Labor Contract Law", there is no longer a "temporary worker", as long as it is not a retired and rehired personnel, etc., it is a labor relationship employment. What you mentioned should be that the probationary period has not expired, and the law stipulates that the probationary period has not expired and the employer can be notified 3 days in advance.
You can submit it to the company if the company does not give it to you, you can call 12333** to complain or report with your real name.
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What can I do? You don't want to do it anymore, you want to quit. Then resign. I can't persuade you to keep going.
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Just ask for a salary and go, haven't you passed the probationary period, don't think too much.
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Fresh graduates are innocent. Even if he wants to withhold your money, and now that it's in your pocket, how can you easily let him take the money, isn't it?
Most of the units are pulling the tiger's skin, and their role is to scare young people.
If you want to go, you can do it at any time. But morally, it is still necessary to greet the department manager in advance, after all, character is very important, sometimes you will find that the work circle is very narrow, and the working years are too long, you will find that each circle has intersections, and they are not independent.
As for how to get together and disperse, that's a matter of your personal ability. Sincerity is important.
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1. First of all, I didn't see the time of your question, so I can't tell that you are not a school student;
2. Employees who normally recruit into the four bureaus will sign the bureau contract in the regional company, and the number company will sign the number company contract;
3. The situation of social recruitment: generally signed labor contract, that is, a labor service company established in the name of a branch of the Fourth Bureau;
If none of the above is true, that's a different story.
Suggestion: If it is a school admission, pay attention to the report card; There is no such problem in social recruitment; However, pay attention to collecting records of your own work as evidence for later rights protection;
Because even if state-owned enterprises work overtime, the attendance on Saturdays and Sundays is blank, and only Monday to Friday is played;
Don't ask me why I know ......
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If the employer signs a labor contract with the employee, then it must sign a labor contract with the unit and affix the company's seal, otherwise, it will be reflected to the labor bureau for resolution.
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After the expiration of the employment contract between the employer and the employee, a new employment contract shall be renewed within one month.
If more than one month has passed, the employee has the right to request the employer to pay double the salary for the unsigned labor contract.
Article 39 of the Labor Contract Law stipulates that:
The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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The old contract should be renewed before it expires and within one month at the latest.
If it is more than one month, it is an illegal employment without a labor contract, and the employee can claim double the salary compensation.
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Do you mean that the company has not signed a contract since its inception or is it asking about renewal?
1.No contract has been signed so far, and employees can claim double pay for up to 11 months. If the contract has not been signed for more than one year, it has been converted to an indefinite contract. If the labor contract is not signed for more than one month, the employee will be compensated for double wages.
2.The renewal issue is easy to handle, and the contract can be signed within 1 month after the expiration of the old contract.
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Completed within one month after the expiration of the contract.
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Generally, it will be renewed within one month. If the employment contract is not concluded with the employee for more than one month, double the difference in wages for the period during which the employment contract has not been concluded, so there is no problem as long as the contract is renewed by the employee within one month after the expiration of the contract.
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We are an unemployed company, the unit contract expires, the owner does not need us, and the unemployed unit is replaced, so how can we do it well if the employee contract has not expired.
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Let me tell you the truth of the facts, I am in this company, only 1500 undergraduate internships are in hand, and you will be delayed for a month, the internship period is one year, remember that it is one year, that is, you have to take 15 00 for a year!! Living on the construction site, it depends on luck, and if you are lucky, you may be able to eat better. Speaking of rest, don't expect extravagantly, a good project is four days a month, and you have to ask for leave on rotation, depending on his mood, if he is in a good mood, he will be approved, and if he is in a bad mood, he will not be approved.
If there is an inspection, the shift will be cancelled, and there will be no overtime pay! Most of the projects don't even have a break. Speaking of welfare, the biggest benefit is that there is no welfare, and the train I reported has not been reported yet!
If you want welfare, you don't have welfare, you don't have treatment, you don't have rest...Bitter days. I'm most afraid of people asking me about my salary, and I regret it! I tell you the truth that I hope to save the vast number of young people who have not yet lost their footing....Of course, if you don't mind all this, you can still come here and experience hell life.
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You can leave at any time. But if you want to get enough of your salary before leaving, it's best to get evidence that you have worked until a certain day.
If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details).
The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the number of hours worked, the monthly salary, etc., the employer can prove it by using the principle of "reversal of the burden of proof", and if the employer cannot prove it, it will bear adverse consequences.
Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations.
Failure to pay on time, including arrears or deduction of wages and overtime compensation, may be handled in accordance with Article 1 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.
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1. Do I need to say in advance if I resign without signing a contractIf the employer has not signed a contract and has not paid insurance, the worker can resign at any time without 30 days in advance, and can ask the unit to pay the insurance and pay double wages for the period when the contract has not been signed. If the employer does not have an employment relationship with the 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 employee that can prove the employee's identity; 3.Recruitment records such as the "registration form" and "registration form" filled in by the employee; 4.
attendance records; 5.Testimonies of other workers, etc.
2. The legal liability of the employer for not signing the labor contract is stipulated in Articles 16, 19 and 50 of the Labor Law: "A labor contract is an agreement between the employee and the employer to establish the labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.
According to Article 98 of the Labor Law, Article 3 of the Measures for Economic Compensation for Violation of the Labor Law of the Ministry of Labor, Articles 6 and 16 of the Measures for Administrative Punishment of Violation of the Labor Law of the People's Republic of China, and Articles 2 and 3 of the Measures for Compensation for Violation of the Provisions of the Labor Law on Labor Contracts, "If an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of the labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation". "If an employer fails to terminate a labor contract in accordance with the conditions stipulated in the Labor Law or deliberately delays the conclusion of the labor contract, that is, deliberately fails to conclude a labor contract in accordance with the regulations after recruitment, causing damage to the employee, it shall compensate the employee for losses." "If the loss of the employee's wage income is caused, the employee shall be paid according to the employee's own salary income, and an additional compensation fee of 25% of the due wage income shall be paid".
If there is no written employment contract between the employee and the employer, the employee can resign at any time without notifying the employer in advance, whether during the probationary period or after the employee's regularization. At the same time, no matter which party is unwilling to sign a written employment contract, it must bear the corresponding legal responsibility.
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There are three situations in which an employee proposes to terminate the labor contract (resign).
First, in accordance with the provisions of Article 37, the employer shall be notified 30 days in advance (3 days of probationary period) without the approval of the employer. However, the employer is not liable for economic compensation;
Second, the termination of the labor contract in accordance with the provisions of Article 38 does not require 30 days in advance and does not need to be approved, and the employer must also pay one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law.
Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.
Legal basis: Labor Contract Law Article 37 An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
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The basic salary of the internship should be 3000 now, and the key majors 211 colleges and universities will add 200 yuan After the deduction, it will be 2300-2500 Internships generally have bonuses It depends on the manager How the benefits are good, there are still four or five thousand yuan for a project, and there is no subsidy. >>>More